Insufficient evidence based on confessions of co-accused cannot solely justify denial of bail, highlighting the presumption of innocence.

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 petitioner/Accused on bail in Crime No.143 of 2025 of , Nagari Urban Police Station, Chittoor District registered against the petitioner/Accused herein for the offences punishable under Sections

111(2)(b), 303(2), 317(4), 318(4), 316(2), 61(2) read with Section 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS ’), Section 3 of Prevention of Damage to Public'Property Act, 1984 (for brevity ‘the PDPP Act’) and Section 4 and 21(4) of The Mines and Minerals (Development and Regulation)

Act, 1957 (for brevity, ‘the MMDR Act’).

2. The case of the prosecution is that on 13.07.2025 at 6:00 AM, near the Tirupati-Tiruttani Highway close to the Andhra Pradesh-Tamil Nadu border (Thadukupeta Panchayat, Nagari Mandal, Chittoor District), the petitioner herein / Accused No. 10 along with others conspired to illegally transport sand purchased from Annamayya District. They misused government-issued transportation bills to carry sand across state borders for illegal profit, violating Andhra Pradesh regulations. The sand was hidden under stone loads in tippers associated with Vel & Co Stone Crusher. During the transport to Tamil Nadu, the police intercepted A2 to A8 and seized 7 sand-loaded tippers carrying approximately 70 tons of sand worth ?1,05,000 and registered an FIR.

3. Mr.S.M.Subhani, the learned counsel for the petitioner/Accused No.10 contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police due to political vendetta. It is further submitted that petitioner/Accused No. 10 is permanent resident of Nagari Town & Municipality of Chittoor District and undertakes to strictly adhere to any conditions that may be imposed by this Court. Learned counsel further submits that the petitioner was arrested on 17.07.2025 and he has been in the judicial custody for the past 35 days. Further, basing on the alleged confession of Accused Nos.1 to 8, Section 111 (2)(b) of BNS is added against A.

the petitioner herein as if he also participated in the aforementioned crime and it is urged to enlarge the petitioner/Accused No. 10 on bail.

4. Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that the material portion of investigation is completed and two similar offences are registered against the petitioner herein, and urged to dismiss the bail application.

5. Heard the learned counsel for the petitioner/Accused No.10 and the learned Assistant Public Prosecutor. Perused the record.

6. As seen from the record, the petitioner is a councilor of 11“" Ward of Nagari Municipality. He belongs to political party. He contends that because of the recent change in the political power, he was falsely implicated in this case. The petitioner was arrested on 17.07.2025. He was in judicial custody for the past 35 days. The role of the petitioner has come into light as Accused No.2 gave confession against the petitioner. The allegation against the petitioner herein is that he had illegally mined the sand. He was unauthorizedly transporting the sand beyond destination, The applicability of Section 317 (4)

of BNS is doubtfujjnasmuch as he purchased the sand with bills. Even though two similar offences are registered against the petitioners vide Crime Nos.23 & 80 of 2025, it is not a ground to dismiss the bail application for the reason that until the guilt is proved, the petitioner shall be presumed to be innocent.

The only material against the petitioner is the co-accused’s confes