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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.9 on bail in connection with Crime No.25 of 2026 of Khajipet Police Station, YSR Kadapa District, registered for the alleged offences punishable under Sections 303(2), 132, 49, 61(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 20(1)(c), ii, iii, iv, x read with 20(1)(d)(i)(a), Section 32-A read with 36(a), 29(4)(a)(i) of the Andhra Pradesh Forest Act, 1967, Rule 3 and 4 of the Andhra Pradesh Sander Wood and Red Sander Wood Rules, 1969 and Section 3 of the Prevention of Damage to Public Property Act, 1984.
Mr.M.Ramprasad, the learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence. He has been falsely implicated by the police. He is a law-abiding citizen. He has not committed any offence. He is the sole earning member of the family. 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 she 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.9. The petitioner was arrested on 09.10.2026 and has been in judicial custody for the past 32 days. The allegation against the petitioner is that he was found in possession of seven red sanders logs weighing about 326 kgs and valued at approximately Rs.10,54,000/-. So far, five witnesses have been examined, and a substantial portion of the investigation has been completed. There are no adverse antecedents reported against the petitioner.
The petitioner is a permanent resident of YSR Kadapa District and has got fixed abode. If the petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of her absconding, threatening the witnesses, tampering with the evidence or hampering the further course of investigation. A learned Coordinate Bench of this Court, vide order dated 05.05.2026 in Crl.P.No.3703 of 2026, enlarged Accused Nos.2 and 7 on bail subject to certain stringent conditions. The present petitioner/Accused No.9 is also placed on a similar footing.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner, and the period of incarceration undergone by him, this Court is inclined to enlarge the petitioner/Accused No.9 on bail, subject to certain stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.9 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Trail of Cases relating to Red Sander Smuggling, Tirupati District.
The Petitioner/Accused No.9 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.
The Petitioner/Accused No.9 shall cooperate with the Investigating Officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.
The Petitioner/Accused No.9 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioner/Accused No.9 shall not commit or indulge in commission of any offence while on bail.
The Petitioner/Accused No.9 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.9 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.