AI Structured Summary
Not yet generated for this judgment
Judgment
The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in connection with Crime in OR No.73/2026-2027 of FRO, Srikalahasti Range, registered for the alleged offences punishable under Sections 20(1)(c)(ii)(iii)(iv)(x) and (d) (i), 29(2)(b)&4 (a) (i), 32(A), 32(C), 36, 62(A) (1) (2) & (3) of A.P. Forest Amendment Act, 2016, Rule No.3 of Sandal Wood & Red Sanders Wood Transit Rule 1969 and Section 303(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023, Sections 49, 61(2) of Bharatiya Nyaya Sanhita, 2023.
Mr. D.Purna Chandra Reddy, the learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence. He has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, the learned counsel prays to allow the petition.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the Petition.
Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
On perusal of the record, the petitioner is arraigned as Accused No.1. The petitioner was allegedly found in possession of and transporting three (03) logs along with two other accused. The total weight of the seized contraband is 114 kgs., valued at Rs. 1,18,002/-. The petitioner was arrested on 01.10.2026 and has been in judicial custody for the past 41 days. So far, three (03) witnesses have been examined. The substantial part of the investigation concerning the alleged role of the petitioner has been completed. No adverse antecedents have been reported against the petitioner. The petitioner is a permanent resident of Renigunta Mandal, Tirupati District, and has got fixed abode. Further, no petition has been filed by the Investigating Officer before the concerned Court seeking the custodial interrogation of the petitioner.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner, the period of incarceration undergone by him, and the nature of the evidence available on record, this Court is inclined to enlarge the petitioner/Accused No.1 on bail, subject to certain stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/-(Rupees Fifty thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Trial of Cases relating to Red Sanders Smuggling, Tirupati.
The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court concerned.
The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence while on bail.
The Petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.
The Petitioner/Accused No.1 shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit affidavit to that effect to the Investigating Officer.