The court granted bail emphasizing the lack of incriminating evidence, highlighting the need for conditions to ensure the accused's cooperation in the ongoing investigation.

This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the Petitioner/A1, seeking bail, in crime No.9/2025 of Varadaiahpalem Police Station, T'lrupati District.

2. The above said crime Was registered against the Petitioner herein and others` for the offence punishabie¢`.u/sec.329(3), 303(2) B.N.S and I-_._-_---- --.------__

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section.20(1)(d)(i)(a) I/w 20 (1)(c)(ii)(iii)(iv)(ix)(x), sec.36 I/w32(A) of 'A.P.Forest (Amendment) Act, 2016 and Rule 3 of A.P.Red Sandal Wood and Red Sanders Transit Rules,1969.

3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/state.

4. Case of the prosecution, in brief, is that, this ['s a case of crjmin`al .`' Jtrespass 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 o9.O2.2025 at 4.30 AM, in f-ront of abandoned house, at a distance of 300 meters towards easltern side' of - MG Nagar, H/o Thondambattu, varadaiahpalem MandaI, in vihich accused No.1 and 2 were arrested and o8 red sJander logs, weighing 277 Kgs, Maruthi Suzuki swift Dzire car bearing No. TNO6 R 2367 and Suzuki Gixer motor cycle bearing Reg.No. AP30 GK 4298 were seizeld-. During the course of investigation, police arrested the petitioner/Al on 03.6.2025`.

5. Perused the record.

6. Learned counsel forthe petitioner contends that the case against the petI'tiOner based on the alleged confession statement said to be made by the other accused 4 months after the offence in question and that most of the investigation is completed and prays to enlarge the petitioner on ba" by allowing the criminal petition.

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7. Learned Assistant Public Prosecutor submitted that the Vehicle involved in the offence belongs to the petitioner which shows the complicity of the petitioner in the commission of the offence and opposed to grant bail.

8. In reply to the above contentions, learned COunSel for the Petitioner submits that the vehicle does not belongs to the petitioner and based on the bill which is available in the car, for purchase of tyres, the prosecution is -'--.it intending to tag the crime to the petitioner.

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9. After careful observation Of the material On record and SubmiSSiOnS macle on behalf of both sides, it shows that,the offence in question said to be held on o9.02.2025 at 3.00am, the case is registered against the unknown person. The case of the prosecution iS that the Petitioner surrendered before the investigation officer through Village Revenue Officer concerned and made confession statement.. It seems that except the confession statement, no other -Incriminating material has been collected showing the involvement of the petitioner in the commiss'lon of the offence. The petitioner has permanent abode aS Such there iS nO POSSibility Of his fleeing away from the justice. The offence said to be held On 09.02.2025, by this time, most of the inves{igat'lon might have been completed. Considering the entire material on record, this Court is inclined to grant bail tO the petitioner with some conditions.

9. ln the result, the Criminal Petition is allowed with the following conditions|.

(i) The petitioner/Al herein shall be released On his executing a ` personal bond for Rs.25,000/- (Rupees twenty five only) w'lth two sureties for a like sum to the satisfaction of the learned Judicial Magistrate of First Class-Gum-Special Court for trial of cases relating to Red Sanders Smuggling, Tirupati;

(ii) on release, the petitioner Shall appear before the