Common Order

1. These two Criminal Petitions are heard together and are being disposed of by this common order, as the Petitioners in the two petitions are different, but the crime registered against them is one and the same.

2. The Criminal Petition Nos.8367 & 8497 of 2026 have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 to 5 on bail in Crime No.143 of 2026 of Lakkireddipalli Police Station, Annamayya District, registered for the alleged offences punishable under Sections 303(2) and 61(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’), Sections 20(1)(c)(d) read with Section 20(1)(d)(i)(a) and Section 29 of the Andhra Pradesh Forest (Amendment) Act, 2016 and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984.

3. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.

4. Mr. D.Purnachandra Reddy, the learned counsel for the Petitioners submits that the Petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the Petitioners are the sole earning members of the families and, therefore, their incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petitions.

5. Per contra, Mr. A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petitions.

6. As seen from the record, the Petitioners were arrested on 25.08.2026. They have been in judicial custody for the past 43 days. The allegation against the Petitioners is that Accused No.2 is the owner of the vehicle, and Accused Nos.3 to 5 assisted in selling six red sander logs, weighing about 112 kgs and valued at Rs.9,72,000/- in the open market, to Accused No.2.

7. Insofar as Accused Nos.1 to 3 are concerned, the material part of the investigation relating to the alleged role played by them is not yet completed. It is alleged that Accused No.2 is the owner of the vehicle to whom the seized contraband was allegedly sold. Further, one similar criminal antecedent is reported against each of Accused Nos.1 and 3. So far, only six witnesses have been examined.

8. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against Accused Nos.1 to 3, the stage of the investigation, this Court is not inclined to enlarge them on bail at this stage.

9. Accordingly, the petition insofar as it relates to Petitioner/Accused No.1 in Crl.P.No.8497 of 2026 is dismissed. Likewise, Crl.P.No.8367 of 2026, insofar as it relates to Petitioner Nos.1 and 2/Accused Nos.2 and 3, is also dismissed, having regard to the nature and gravity of the allegations and the stage of the investigation.

10. Insofar as Accused Nos.4 and 5 are concerned, substantial part of the investigation has been completed. Therefore, the possibility of Accused Nos.4 and 5 threatening the witnesses, tampering with the evidence, and hampering the investigation may not arise.

11. Having regard to the facts and circumstances of the case, nature and gravity of the allegations levelled against Accused Nos.4 and 5, this Court is inclined to enlarge them on bail, subject to stringent conditions.

12. In the result, the Criminal Petition No.8367 of 2026 is partly allowed with the following stringent conditions:

                  i. The Petitioner Nos.3 & 4/ Accused Nos.4 & 5 shall be enlarged on bail subject to them executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Special Court of Trial Cases of Red Sanders Smuggling, Tirupati.

                  ii. The Petitioner Nos.3 & 4/ Accused Nos.4 & 5 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.

                  iii. The Petitioner Nos.3 & 4/ Accused Nos.4 & 5 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned.

                  iv. The Petitioner Nos.3 & 4/ Accused Nos.4 & 5 shall not commit or indulge in commission of any offence in future.

                  v. The Petitioner Nos.3 & 4/ Accused Nos.4 & 5 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required.

                  vi. The Petitioner Nos.3 & 4/ Accused Nos.4 & 5 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.

                  vii. The Petitioner Nos.3 & 4/ Accused Nos.4 & 5 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavit to that effect to the Investigating Officer.

13. In the result, Criminal Petition No.8367 of 2026 is partly allowed and Criminal Petition No.8497 of 2026 is dismissed.