APHC010631012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12190/2025 Between:

Pothalapalli Mallikonda and Others ...PETITIONER/ACCUSED(S)

AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):

1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

ORDER:

Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.2 to 4 on bail in OR No.115 of 2025-26 of Vempalli Range, YSR (T) Division, YSR Kadapa District, registered against the Petitioners/Accused Nos.2 to 4 herein for the offences punishable under Sections 20(1)(c)(ii)(iii)(iv)(vi)(x) read with 20(1)(d), 32A, 32B, 32C and 62A of the Andhra Pradesh Forest Act, 2016, Rule 3(1)&92) of the Andhra Pradesh Sandal Wood and Red Sanders Wood Transit Rules, 1969, Rule 3 of the Andhra Pradesh Forest Act, 2016, Section 3, 4 and 6 of Biological Diversity Act, 2002 and Section 303(2), 3(5), 49 and 61(2) of the Bharatiya Nyaya Sanhita, 2023.

2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.

3. As seen from the record, the allegations against the petitioners are that they acted as coolies in cutting down red sanders trees and converting them into forty logs. They allegedly attempted to load these logs into a vehicle for transportation. Altogether, 732 kilograms of red sanders logs were dealt with by the petitioners. There are no similar criminal or adverse antecedents reported against the petitioners. The petitioners are permanent residents of Vemulagondi, Kayalapalli, and Chinnannavari Villages, Peddannavari Palli Post, Sri Sathya Sai District, and they have a fixed abode. So far, nine witnesses have been examined. Substantial portion of the investigation, insofar as the alleged roles played by the petitioners are concerned, has been completed. The witnesses examined are all material and official witnesses. There is no possibility of the petitioners threatening the official witnesses, tampering with the evidence, or hampering the investigation. The petitioners were arrested on 27.10.2025 and have been in judicial custody for the past 40 days. No application has been filed seeking custodial interrogation of the petitioners.

4. Considering the facts and circumstances of the case, gravity and nature of the allegations levelled against the Petitioners/Accused Nos.2 to 4, this Court is inclined to enlarge the Petitioners/Accused Nos.2 to 4 on bail with the following stringent conditions:

i. The Petitioners/Accused Nos.2 to 4 shall be enlarged on bail subject to they executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Special Court for Judicial Magistrate of I Class Trial of Cases Relating to Red Sanders Smuggling, Tirupati.

ii. The Petitioners/Accused Nos.2 to 4 shall appear before the Station House Officer, Vempalli Range Police Station, YSR Kadapa District, 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 4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

iv. The Petitioners/Accused Nos.2 to 4 shall not commit or indulge in commission of any offence in future.

v. The Petitioners/Accused Nos.2 to 4 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 4 shall not, directly or indirectly, make any inducement,