[ad_1]
Andhra Pradesh High Court – Amravati
Desuri Desaiah vs The State Of Andhra Pradesh on 11 August, 2025
APHC010393902025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
MONDAY,THE ELEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 8052/2025
Between:
1. DESURI DESAIAH, S/O D. RAMESH, AGED 19 YEARS,
PULIBONUPALLI VILLAGE, NERABAILU POST, YERRAVARIPALEM
MANDAL, TIRUPATI, CHITTOOR DISTRICT, ANDHRA PRADESH.
2. BHAGI NARESH, S/O B. VENKATRAMAIAH, AGED 27 YEARS,
ARAVAVANDLAPALLI VILLAGE, VR AGRAHARAM PANCHAYATH,
BODEVANDLAPALLI POST, YERRAVARIPALEM MANDAL, TIRUPATI
DISTRICT, ANDHRA PRADESH.
...PETITIONERS/ACCUSED(S)
AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor
High Court of Andhra Pradesh, at Amaravati through State-Forest
Range Officer, Bhakarapeta range, Tirupati, Chittoor District.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
1. SRINIVASU L
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
2
Dr.YLR,J
Crl.P.No.8052_2025
Date:11.08.2025The Court made the following ORDER:
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.4 and 5 on bail in Crime No.12 of 2025-26 of Bhakarapeta Range,
registered against the petitioners/Accused Nos.4 and 5 herein for the
offences punishable under Sections 20(1)(c)(ii)(iii)(iv)(x) read with 20
(1)(d)(i), 29(2)(b), 29(4)(a)(i), 29(4)(b) of the Andhra Pradesh Forest Act
1967, Sections 32A, 32C of AP Forest (Amendment) Act, 2016, Rule 3
of AP Sandal Wood and Red Sanders Wood Transit Rules, 1969,
Sections 27 & 29 of Wild Life Protection Act, 1972.
2. The case of the prosecution is that, on 29.06.2025, on receipt of
credible information about the illegal transportation of Red Sander logs,
the Forest Range Officer, Bhakarapet Range along with Range staff and
protection watchers, proceeded to conduct combing operations in
Talakona Central beat of Nerabailu Section and found five persons while
they were carrying Red Sanders logs. During the operation, the police
apprehended two persons and another three persons were escaped
from the scene of offence. Upon inspection, the police seized 5 rough
3
Dr.YLR,J
Crl.P.No.8052_2025
Date:11.08.2025
dressed red sander logs from the scene of offence. The police arrested
the petitioners/accused Nos.4 & 5 and registered an FIR.
3. Mr.L.Srinivasu, 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 their family and, therefore, their
continued incarceration would cause undue hardship to their
dependents. The learned counsel further submits that the
petitioners/Accused Nos.4 and 5 had not even transported the red
sander logs. The petitioners undertake to strictly adhere to any
conditions that may be imposed by this Court. The petitioners are
permanent residents of Yerravaripalem mandal, Tirupati District. 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 reported that there are no adverse
4
Dr.YLR,J
Crl.P.No.8052_2025
Date:11.08.2025
antecedents against the petitioner. As the alleged offence is punishable
with imprisonment of upto ten years, and the petitioners have been in
judicial custody for the past 43 days, their request may not be
considered at this juncture, 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. On perusal of the record, the petitioners/Accused No.4 and 5 were
allegedly indulged in cutting red sander trees and sizing the logs at the
request of other accused for a sum of money as their coolie. The
petitioner No.1/Accused No.4 is aged about 19 years and petitioner
No.2/Accused No.5 is aged about 27 years. The petitioners were
arrested on 29.06.2025 and from the past 43 days, they are in judicial
custody. The petitioners/Accused Nos.4 and 5 were allegedly cutting
down 6 logs of red sanders weighing about 128 Kgs. The petitioners
have got fixed abodes and they are permanent residents of Tirupati
District.
7. Considering the gravity and nature of the allegations levelled
against the petitioners/Accused Nos.4 and 5, their alleged role played in
this case, and the period of detention undergone by the petitioners in
judicial custody for the past 43 days, the request of petitioners/Accused
5
Dr.YLR,J
Crl.P.No.8052_2025
Date:11.08.2025
Nos.4 and 5 is found convincing and reasonable, this Court is inclined to
enlarge the petitioners/Accused Nos.4 and 5 on bail.
8. In the result, the Criminal Petition is allowed with the following
conditions:
i. The petitioners/Accused Nos.4 and 5 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 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.4 and 5 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.4 and 5 shall not leave the
limits of the District without prior permission from the Station
House Officer concerned.
iv. The petitioners/Accused Nos.4 and 5 shall not commit
or indulge in commission of any offence in future.
v. The petitioners/Accused Nos.4 and 5 shall cooperate
with the investigating officer in further investigation of the
6
Dr.YLR,J
Crl.P.No.8052_2025
Date:11.08.2025case and shall make themselves available for interrogation
by the investigating officer as and when required.
vi. The petitioners/Accused Nos.4 and 5 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.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 11.08.2025
KA
7
Dr.YLR,J
Crl.P.No.8052_2025
Date:11.08.2025THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 8052/2025
Date: 11.08.2025
KA
[ad_2]
Source link