Andhra Pradesh High Court - Amravati
Rebba Sathish Kumar Rebba Sathish vs The State Of Andhra Pradesh on 5 June, 2025
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`=``` lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
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THURSDAY, THE FIFTH DAY OF JUN
TWO THOUSAND AND TWENTY FI-vi
:PRESENT: §+
THE HONOURABLE SRI JUSTICE I.C.D.SE\k`
CRIMINAL PETITION NO: 5678 OF 2025
Between :
Rebba Sathish Kumar @ Rebba Sathish, S/o Babu Rao, Age 33 years, Occ
Unemployed residing at plot No. 1986, Mamillapalli Village, Pendlimarri
MandaI, Kadapa District
...Petitioner/Accused No.20
AND
The State of Andhra Pradesh, rep., by its public prosecutor, High Court at
Amaravathi.
I
...Respondenti
Petition under sections 437 & 439 of Cr.P.C, prayI-ng that in the
circumstances stated in the memorandum of grounds filed I-n Support Of th6
CrimI'nal Petition, the High Court may be pleased to enlarge the petitioner ons
regular bail in RSS SC No.61/2022 on the file of the special Court in the
Cadre of Additional District and sessl'ons Judge for Trial of Red Sanders'u
Smuggling Cases, Tirupati, in the interest of justice.
The Petition coming on for hearing, upon perusing the petition and the
memorandum of grounds filed in support thereof and upon hearing the'f
arguments of SRI V R REDDY KOWURl, Advocate for the petitioner, and of
PUBLIC PROSECUTOR, for the Respondent, the Court made the following
THE HONOURABLE T.C.D. SEKHAR
CRIMINAL PETITION NO:5678 of 2025
ORDER:
The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS'), seeking to enlarge the petitioner/Accused No.20 on bail pursuant to execution of Non Bailable Warrant ( for sho issued by the learned Judge, Special Court for trial of Cases relating to Red Sanders Smuggling, Tirupati, dated 02.04.2025 in RSS SC No-61 of2022.
2. The case of the prosecution in nutshell is that on 22.02.2017 the petitioner/A20 who was arrested in Crime No.5 of 2017 of C.K. Dinne Police Station was produced on PT Warrant and remanded tO judicial custody. Later, the petitioner/A20 was released on bail. After completion of investigation charge sheet Was filed and registered as PRC No.26 of 2017 and committed to Principal Court of Sessions and after registering sessions case as sc No.97 of 2020 and made over Additional Assistant Sessions Judge, Kadapa. After transfer of the case on establishment of this Court, it is renumbered aS RSS sc No.61 of 2022, Due to non-appearance Of the Petitioner/A20 before the learned Judge, Special Court for tr'lal Of Cases relating to Red Sanders Smuggling, Tirupati on 21.03.2024, NBW was issued i. pe.,-I `9 to him. NBW was recalled on 05.04.2024 vide CrI.M.P.No.593 of 2024. Again due to non-appearance of petitioner, the learned Judge, Special Court for trial of Cases relating to Red Sanders Smuggling, Tirupati issued NBW against the petitioner/A20 on 02.04.2025. Though his counsel had taken steps to file absence petition for other accused Nos.1 to 3,14 to 19, the petitioner/A20 did not give proper instructions to file absence petition on his behalf. As such the petition to recall NBW filed by the petitioner was dismissed on ll.04.2025 vide CrI.M.P.No.1655 of 2025 and remanded the petitioner to judicial custody.
3. Heard learned counsel for the petitioner/A20 and the learned Assistant Public Prosecutor. Perused the record.
4. Sri V.R.Reddy Kowuri, the learned counsel for the petitioner/A20 submits that the petitioner has been in judicial custody since ll.04.2025 and the petitioner/A20 has no intention not to appear before the appellate Court and the petitioner/A20 would abide by any conditions to be imposed by this Court; and urged to allow the petition.
5. Per cot,£ra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed the bail application stating that the < ±__-_-_--=n petitioner/A20 is intentionally did not choose to appear before the appellate Court and urged to dismiss the bail petition.
6. As seen from the record, the petitioner/A20 has been in the judicial custody pursuant to the execution of NBW and thus he has been in judicial custody for the past 54 days. The petitioner/A20 is resident of Mamillapa[li Village, Pendlimarri Manda[, Kadapa District of Andhra Pradesh. lf the petitioner is enlarged on bail with stringent conditions, he would not flee away from the clutches of the law, and interest of the justice would be served.
7. Keeping in view of the period of detention undergone by the petitioner/A20 in judicial custody for more than 54 days, this Court is inclined to enlarge the petitioner/A20 on bail with the following stringent conditions.
8. [n the result, the criminal petition is a[[owed with the following conditions:
i. The petitioner/A20 shall be enlarged on bail subject to the executing a bond for a sum of Rs.10,000/-
(Rupees ten thousand only), with two sureties for the like sum to the satisfaction of the learned Judge, Special Court for trial of Cases relating to Red Sanders Smuggling, Tirupa{i.
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lI' The petlt,oner/A20 sha" not leave the ljmI'tS Of the DJStrICt wlthout pnor perml'ss,ron from the learned Judge, special court for trl'a' of cases relatl-ng to Red sanders smuggll'ng, Tjrupatl-.
lij. The petI'{jOner sha" not commI't or ,ndulge jn comml-ssl-on of any offence l'n future.
jv. The petlt,Oner/Accused No.20 sha" not, dI'rectly :or any to :nnd:r:cotrley:m^a_k_e person acqualnted any lnducemen;, i-;-r-::;of wlth the facts loUr`' theput:em:I:ye case so as to dI'SSuade him/her from dISC'OSJ'ng such facts to the court or to any poII'Ce offllcer.
S_Dl-M.1
ASSISTiri-i
//TRUE COPY// SEcTlo g` _
To,
For
1 The Judge, spec,a' court ,n the cadre of Addftlona[ DIStrlct and
sesslons Judge for Tr,a' of Red sanders smuggl,ng cases, Tlrupa{, 2 The supenntendent, central Pr,son, Kadapa, ysR Kadapa D,str,ct 3 The statJOn House officer, pend7lmam po'lce s{at,on, ysR Kadapa Djstrl'ct 4 one cc to sRl v R REDDY KOVVURI Advocate [opucJ 5 Two cos to PUBLIC PROSECUTOR, HJgh Court of Andhra pradesh rOUTJ
6. one spare copy PSR DATE D.. 05/06/2025 BAIL ORDER CRLP.No.5678 of 2025 £Lban!i=Le k ALLOWED +ng*isng#seprgenxpgLi_--gig