Kamaraj Kumara Swami, S/o Kamaraj v. State of Andhra Pradesh
2025-08-07
Y.LAKSHMANA RAO
body2025
DigiLaw.ai
ORDER : Y. LAKSHMANA RAO, J. 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.2 to 7 on bail in Cr.No.152 of 2025 of Obulavaripalli Police Station, Annamayya District, registered against the petitioners/Accused Nos.2 to 7 herein for the offences punishable under Sections 303 (2), 132, 109, 61 (1), 49 read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), 49, 61 (2) of ‘the BNS’ and Sections 20 (I) (d)(i)(a) read with 20 (I)(c), ii, iii, iv, x, 36 (a) read with 32-A of the Andhra Pradesh Forest Act, 2016. 2. The case of the prosecution is that, on 23.06.2025 at about 7:15 A.M., near Y. Kota tank, Y. Kota Village, Obulavaripalli Mandal, an incident occurred which was reported at 11:45 A.M. The Sub-Inspector of Police, Obulavaripalli Police Station, on receipt of credible information, along with his staff and mediators, apprehended Accused Nos. A1 to A7, who are residents of Tamil Nadu, while they were attempting to illegally transport four prepared red sandalwood logs in a car (Reg. No. AP 39 NU 0129) to A9 and A10. Upon being intercepted, the accused attempted to flee and attacked the police personnel. All the seizures were recorded under a mahazarnaama attested by the mediators on 23.06.2025. The accused were taken into custody and remanded to judicial custody on 24.06.2025. 3. Sri 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 the family and, therefore, their continued incarceration would cause undue hardship to their dependents. 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.
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 further submitted that Accused Nos.1, 8, and 10 are yet to be arrested. Accused No.1 engaged Accused Nos.2 to 7, who are coolies, for cutting Red Sander trees in the Seshachalam Reserve Forest, and it is urged to dismiss the petition. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioners were arrested on 24.06.2025. Ever since, they have been in the judicial custody for the past 44 days. It was the allegation of the prosecution that the petitioners, being coolies, were engaged by Accused No.1 to enter into the Seshachalam Reserve Forest illegally and cut down Red Sander trees, and they were shifting them to their convenient place. The contraband is four logs weighing about 56 kgs. Accused Nos.2 to 7 are coolies. They are all natives of Tamil Nadu State. According to the prosecution, Accused No.1 is the main kingpin in this case. Accused No.1 allegedly engaged Accused Nos.2 to 7 by giving some coolie for cutting down the Red Sander trees. 7. Considering the gravity and nature of the allegations levelled against the petitioners/Accused Nos.2 to 7, and the fact that they are only coolies eking their livelihood, and their alleged role played in this case, and the period of detention undergone by the petitioners in judicial custody for the past 44 days, this Court is inclined to enlarge the petitioners/Accused Nos.2 to 7 on bail. 8.
8. In the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused Nos.2 to 7 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.2 to 7 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.2 to 7 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioners/Accused Nos.2 to 7 shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.2 to 7 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.2 to 7 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.