logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 APHC 196 print Preview print Next print
Case No : Criminal Petition No. 730 of 2026
Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Parties : D. Rajini Versus The State Of Andhra Pradesh, Rep.By Its Public Prosecutor, High Court Of A.P., Amaravati Through Sho., Gajulamandyam P.S., Tirupathi
Appearing Advocates : For the Petitioner: Harinadh Nidamanuri, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 09-02-2026
Head Note :-
The Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 and 483 -
Summary :-
Mistral API responded but no summary was generated.
Judgment :-

1. 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.11 on bail in Crime No.145 of 2023 of Gajulamandyam Police Station, Tirupathi District, registered against the Petitioner/Accused No.11 herein for the offences punishable under Sections 379, 120-B r/w 34 of Indian Penal Code and Sections 20(1)(d)(i)(a) r/w 20(1)(c) ii, iii, iv, x, 36(a) r/w 32-A, 29(1)(4)(a)(i), 32-B) of A.P. Forest (Amendment) Act, 2016 and Section 3 of Prevention of damage to Public Property Act, 1985.

2. Heard Mr. C.Mastan, learned Senior Counsel appearing on behalf of Mr.N.Hari Nadh, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State.

3. The case of the prosecution, in brief, is that this is a case of criminal conspiracy, trespass into reserve forest without permission, cut the live red sander trees and committed theft and trying to shift by loading for the purpose of smuggling red sander logs that occurred on 13.09.2023 at about 6.00 hours, near Yogananda College Cross, Tirupati-Naidupeta Road, Renigunta Mandal, in which accused Nos.1 to 7 were arrested and 405 red sander logs, weighing 4,635.200 kgs, lorry bearing No.AP04X6586, Suzuki Ertiga bearing No.AP39MY9446 and Toyota Cista bearing No.AP39UR1233 were seized from their possession and charge sheet was filed only against accused Nos.1 to 7 in which it is mentioned that separate charge sheet would be filed against accused No.8 and 9 and owners of two seized vehicles.

4. The learned Senior Counsel appearing for the Petitioner/Accused No.11 would submit that the petitioner is innocent person and she is no way concerned with this case. The petitioner was arrested on 06.01.2026 and remanded to judicial custody. The vehicle was hired by accused No.2 on agreement basis and she has no knowledge about red sanders smuggling and vehicle involvement in this case. The petitioner has submitted her objections before Sub-DFO, Tirupati and he issued proceedings and order that appeal against this order lies with Conservator of Forests, Tirupati Circle. The petitioner filed appeal against confiscation on 30.09.2025 and appeal is pending before CCF, Tirupati. When CCF called for remarks, the police came to petitioner’s house and brought to Gajulamandyam Police Station on 05.01.2026. The petitioner has purchased the vehicle through Mahindra Finance and every month she paid Rs.55,800/- EMI through bank to Mahindra Finance Company. The petitioner is suffering with pain @ right side abdomen and taking treatment and there are no adverse criminal antecedents against the petitioner. The entire investigation has been completed, charge sheet filed and numbered as RSS PRC No.1653 of 2023 and he requested to grant bail by imposing any conditions.

5. Learned Assistant Public Prosecutor submits that there are no criminal antecedents reported against the petitioner and opposed for granting bail and Court may pass appropriate Orders.

6. Considering the period of detention undergone by the petitioner/Accused No.11 in judicial custody for the past 34 days, the completion of the investigation and filing of the charge sheet numbered as RSS PRC No.1653 of 2023, there is no possibility of the petitioner threatening the official witnesses, tampering with evidence, or hampering the investigation. No petition seeking custodial interrogation was filed by the police before the concerned Court below. The petitioner is permanent residents of Tirupati Rural Mandal, Tirupati District. She have got fixed abode. Even if conditions are imposed, there is no likelihood of her absconding or evading the process of law. No similar adverse criminal antecedents reported against the petitioner and the vehicle was hired by accused No.2 on agreement basis and the petitioner has no knowledge about red sanders smuggling and vehicle involvement in this case and the nature and gravity of the allegations levelled against the petitioner as well as her alleged role in the case, this Court is inclined to enlarge the petitioner on bail.

7. In the result, the criminal petition is allowed, subject to the following stringent conditions.

                  i. The Petitioner/Accused No.11 shall be enlarged on bail subject to she executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Trial of Cases Relating to Red Sandar Smuggling, Tirupati.

                  ii. The Petitioner/Accused No.11 shall appear before the concerned Court on each and every adjournment without fail.

                  iii. The Petitioner/Accused No.11 shall not commit or indulge in commission of any offence in future.

                  iv. The Petitioner/Accused No.11 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 or to any police officer.

                  v. The Petitioner/Accused No.11 shall surrender her passport, if any, to the concerned Magistrate Court. If she claim that she do not have a passport, she shall submit an affidavit to that effect to the concerned Magistrate Court.

                  vi. It is made clear that the Petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.

 
  CDJLawJournal