Andhra Pradesh High Court - Amravati
P. Mallikarjuna vs The State Of Andhra Pradesh, on 14 August, 2025
APHC010384022025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
THURSDAY, THE FOURTEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7877/2025
Between:
1. P. MALLIKARJUNA, S/O PENABADI NAGAIAH, AGE 26 YRS, OCC
DRIVER, R/O D.NO. 2-534 MODEL COLONY, PILERU TOWN AND
MANDAL, ANNAMAYYA DISTRICT.
2. SAKTHIKUMAR MUTHAN, S/O MUTHAN, AGED ABOUT 27 YEARS,
OCC CULTIVATION, R/O D. NO. 228, KILL STREET, KOVIL KOLLAI
VILLAGE, URGOUNDANUR POST PANCHAYAT, CHENGHAM
TALUKA THIRUVANNAMALAI DISTRICT, TAMILNADU STATE.
...PETITIONER/ACCUSED(S)
AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor
High Court of Andhra Pradesh, at Amaravati.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR 2 Dr.YLR, J Crl.P.No.7877-2025 Dt: 14.08.2025 The Court made the following ORDER:
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 petitioners/Accused Nos.1 and 2 on bail in Crime No.26 of 2025 of RSASTF police Station, Tirupati, Tirupati District, registered against the petitioners/Accused Nos.1 and 2 herein for the offences punishable under Sections 303 (2), read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity 'the BNS'), 49, 61 (2) of 'the BNS' and Sections 20 (1) (d)(i)(a) read with 20 (1)(c), ii, iii, iv, x, 36 (a) read with 32-A, of the Andhra Pradesh Forest Amendment Act, 2016.
2. The case of the prosecution is that, on 22.06.2025 at about 7.00 AM, on receipt of credible information about the illegal transportation of Red Sander logs, the Assistant Reserve Sub-Inspector of Police, RSASTF, Tirupati, he along with his staff and mediators rushed to the scene of offence i.e. in Reserve Forest near first turning, on Kalyani- Chakarapet Ghat Road, Nagapatla West Forest Beat, Bhakarapet Range, Chandragiri Mandal, Tirupati District and found two persons while they were in suspicious position. The police caught hold of the two persons and on interrogation, the petitioners/Accused Nos.1 and 2, 3 Dr.YLR, J Crl.P.No.7877-2025 Dt: 14.08.2025 revealed that they procured red sandal logs in the bushes. The police seized 6 red sander logs from the scene of offence. The police arrested the accused and registered an FIR.
3. Mr.Sivaprasad Reddy Venati, the learned counsel for the petitioners contends 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 their family and, therefore, their continued incarceration would cause undue hardship to their dependents. The learned counsel further submits that the petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice.
4. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still at progressive stage 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. It is reported that there are adverse antecedents against the petitioner. As the alleged offence is punishable 4 Dr.YLR, J Crl.P.No.7877-2025 Dt: 14.08.2025 with imprisonment of upto ten years, and the petitioners have been in judicial custody for the past 52 days, their request may not be considered at this juncture, and it is urged to dismiss the petition.
5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
6. On perusal of the record, the main allegation against the petitioners/Accused Nos.1 and 2 is that they have engaged coolies and dumped 6 logs of red sanders weighing about 91 Kgs except for prospective purchasers. Learned Assistant Public Prosecutor submits that there are adverse antecedents against the petitioners. The kingpin is Accused No.3. The petitioners were arrested on 22.06.2025 and they have been in the judicial custody for the past 52 days. The petitioner No.1 is permanent resident of Pileru Town and Mandal, Annamayya District and petitioner No.2 is resident of Thiruvannamalai District of Tamilnadu State. The petitioners have fixed abodes. So far three (3) witnesses have been examined and they are all official witnesses. Of course, arrest of Accused No.3 is pending. Since the witnesses are all official witnesses, the question of petitioners threatening the witnesses or hampering of investigation may not arise.
5
Dr.YLR, J Crl.P.No.7877-2025 Dt: 14.08.2025
7. Considering the gravity and nature of the allegations levelled against the petitioners/Accused Nos.1 and 2, their alleged role played in this case, and the period of detention undergone by the petitioners in judicial custody for the past 52 days, this Court is inclined to enlarge the petitioners/Accused Nos.1 and 2 on bail.
8. In the result, the Criminal Petition is allowed with the following conditions:
i. The petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only), each with two sureties each 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. ii. The petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.1 and 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned.6
Dr.YLR, J Crl.P.No.7877-2025 Dt: 14.08.2025 iv. The petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.1 and 2 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 petitioners/Accused Nos.1 and 2 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.
_________________________ DR. Y. LAKSHMANA RAO, J Date: 14.08.2025 KA 7 Dr.YLR, J Crl.P.No.7877-2025 Dt: 14.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7877/2025 Date: 14.08.2025 KA