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Andhra Pradesh High Court - Amravati

Munabolu Karthik vs The State Of Andhra Pradesh on 23 November, 2022

Author: K. Sreenivasa Reddy

Bench: K. Sreenivasa Reddy

                                   1




     THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY

            CRIMINAL PETITION NO.8857 OF 2022
ORDER:

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The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioner/Accused No.6 to grant anticipatory bail in connection with Crime No.123 of 2022 of RSASTF Police Station, Tirupati.

2) A case has been registered against the petitioner and others for the offences punishable under Sections 379 r/w 34 IPC, Section 20(1)(d)(i)(a) r/w 20(1)(c) ii, iii, iv, x, 36(a) r/w 32A of the AP Forest Amendment Act, 2016.

3) Brief facts of the case are that, on 15.09.2022 at about 04.30 A.M., on reliable information, when Inspector of Police, RSASTF PS, Tirupati along with his team proceeded into a bushes at a distance of 50 meters towards South from Puthalapattu - Naidupeta Highway Road, near Chembedupalyam Village, Pellakuru Mandal, Naidupeta Beat & Section, Venkatagiri Range, WLM Division, Tirupati, found some persons loading RS logs. On seeing the police party, some persons escaped and the police caught A1 to A5 at the spot. On verification, 18 RS logs are found and they were seized under the cover of mediators report. 2

      4)     Heard. Perused the record.

      5)      The name of the petitioner has been implicated in the

said case basing on the confessional statement of co-accused. It is needless to mention here that confession of co-accused is not admissible in evidence. The petitioner herein is working in Capgemini Technologies Limited as Process Associate. In respect of the same, an Employment Offer Letter is also filed along with memo.

6) In view of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/Accused No.6, on the following conditions.

In the event of his arrest in the above crime, the petitioner/Accused No.6 shall be released on bail on executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the arresting officials and that the petitioner shall appear before the Station House Officer, RSASTF PS, Tirupati, once in a month between 10.00 AM and 5.00 PM, till filing of the charge sheet.

The petitioner shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such 3 attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation.

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.

7) Accordingly, the Criminal Petition is allowed.

________________________ JUSTICE K. SREENIVASA REDDY 23.11.2022.

ARB 4 THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY CRL.P.NO.8857 of 2022 Date: 23.11.2022 ARB