(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to direct to enlarge the petitioner/A14 on bail in connection with Cri.No. 32 of 2025 on the file of the RSASTF, Police Station, Tirupathi, Chittoor District and pass)

1. The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.14 on bail in Crime.No.32 of 2025 of RSASTF Police Station, Tirupati, Chittoor District, registered against the Petitioner herein for the offences punishable under Section 302(2) r/w 3(5), 49, 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) AND Section 20(1)(d)(i)(a) read with 20(1)(c) ii, iii, iv, x, 36(a) read with 32A, 29(4)(a)(i) of A.P. Forest (Amendment) Act, 2016.

2. Heard Mr.B.S.Reddy, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. Perused the record.

3. The case of the prosecution is that, this is a case of criminal conspiracy, abetment to commit the offence, 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 21.07.2025 at 5.00 a.m., in reserve forest, near Thunukonda, Desettypalli Forest Beat and Section, Balapalli Range, Railway Kodur Mandal, Annamayya District, in which accused Nos.1 to 9 were arrested and 16 red sander logs, weighting 410 kgs, Toyota Innova Car bearing No.DL4CAE5099, Mahindra TUV300 Car bearing No.AP26 BL 1799 and 8 cell phones were seized from their possession. In the course of investigation, accused Nos.1 to 9 confessed about the involvement of petitioner and others in this crime. Accused No.14 surrendered before the Court on 16.02.2026 and remanded to judicial custody.

4. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of the crime. The learned counsel for the petitioner would further submit that the petitioner is a old aged person and he is suffering with coronary artery disease and he requires immediate treatment. The investigation in this case is completed and charge sheet has also been filed. The petitioner undertakes to abide by any condition that this Court may impose while granting bail to the petitioner.

5. The learned Assistant Public Prosecutor, submits that the petitioner, along with the other accused, was involved in smuggling red sander logs. The investigation has been completed and charge sheet has also been filed and therefore urges this Court to dismiss the Criminal Petition.

6. The allegation against the petitioner/Accused No. 14 is that he was involved in dealing with 16 red sander logs, weighting 410 kgs. The petitioner was surrendered on 16.02.2026 and has been in judicial custody since then. The charge sheet has also been filed in this case. Therefore, there is no possibility of the petitioner threatening the official witnesses, tampering with the evidence, or hampering the investigation. The petitioner is a permanent resident of Kadapa District, and has a fixed place of abode. However, in view of the fact that the petitioner is suffering with coronary artery disease and he has required treatment, if certain stringent conditions are imposed, there is no likelihood of his absconding or evading the process of law.

7. Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the petitioner/accused No.14 and particularly the present health condition of the petitioner, this Court is inclined to enlarge the Petitioner/Accused No.14 on bail.

8. In the result, the Criminal Petition is allowed with the following stringent conditions:

                  i. The Petitioner/Accused No.14 shall be enlarged on bail subject to he executing 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 Special Judicial Magistrate of First Class for Trial of Cases Relating to Red Sandal Smuggling for the State of Andhra Pradesh at Tirupati.

                  ii. The Petitioner/Accused No.14 shall not commit or indulge in commission of any offence in future.

                  iii. The Petitioner/Accused No.14 shall appear before the learned Trial Court on each and every adjournment without fail.

                  iv. The Petitioner/Accused No.14 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.

                  v. The petitioner/Accused No.14 shall surrender his passport, if any, to the concerned Court. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the concerned Court.