Idagottu Srinivasulu vs The State Of Andhra Pradesh on 1 April, 2025

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Andhra Pradesh High Court – Amravati

Idagottu Srinivasulu vs The State Of Andhra Pradesh on 1 April, 2025

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          IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA
                                  I._7__ __                /
                           TUESDAY, THE FIRST DAY OF APRIL
                           TWO THOUSAND AND TWENTY FIVE

                                       :PRESENT:

            THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
                                                                   /   '~# :`--.::.::-:.i-;`..-i.   -...




                       CRIMINAL PETITION NO: 3166 OF 2025


    Betwee n :

        / ldagottu Srinivasulu, S/o Rmaiah, Aged about 40 years, R/o LakhmipaIIi
          Village, GV Satram, Mydukur Mandal, YSR District.

                                                                   Petitioner/A9
                                              AND

         /The State of Andhra Pradesh, rep. by its Public Prosecutor, High Coinrt
          at Amaravati, Guntur District, Through SHO BadveI Rural PS.

                                                         Respondent/Complainant

          Petition under Section 437 & 439 of Cr.P.C./480 & 483 of BNSS., is filed

    praying that in the circumstances stated in the memorandum of grounds filed
    in support of the CriminaIPetition, the High Court may be pleased to release
    the petitioner/A9 on bail in connection with Crime No.152 of 2024 of Badvel
    Rural PS


          The petition coming on for hearing, upon perusing the petition and the
    memorandum of grounds filed in support thereof and upon hearing the
    arguments    of Sri.    MANTAPAMPALLE           RAMPRASAD Advocate for the
    Petitioner and of Public Prosecutor for the Respondent;


    The Court made the following:
                            ~/



APHCO10148802025
                      lN THE HIGH COURTOFANDHRA
                                   PRADESH
                                AT AMARAVATl                           [3369]

                        (Special Original Jurisdiction)
               TUESDAY, THE FIRST DAY OF APRIL
               TWO THOUSAND AND TWENTY FIVE
                   PRESENT
 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
                   CRIMINAL PETITION NO: 3166/2025
Between :
Idagottu Srinivasulu                                 ...PETITIONER/ACCUSED
                                  AND
The State OfAndhra                ..,RESPONDENT/COMPLAINANT
Pradesh
Counsel for the Petitioner/accused:
     1. MANTAPAMPALLE RAMPRASAD
Counsel for the Respondent/complainant:
     1.PUBLIC PROSECUTOR
The Court made the following Order:
       This Criminal Petition, under Sections 480 and 483 of the

BNSS, has been filed by the petitioner herein/A9, seeking

regular bail, in Crime No.152 of 2024 of BadveI Rural Police

Station, registered for the offences punishable under Sections

307, 132 and 61(2) read with 3(5) of the BNS and Sections

20(1)(d)(i)(a)(b) read with 20(1)(c) ii, iii, iv, x, 32A read with

36(a), 29(4)(a)(i) of the A.P.Forest (Amendment) Act, 2016.

2.      Case of the prosecution is that this is a case of criminal

conspiracy     to     commit    red    sander          smuggling,   criminally

trespassed into the restricted reserve forest without permission,

cut the live red sander tress and committed theft and trying to

shift by loading for the purpose of smuggling that occurred on

                                      c-IiEiee±i±'
                                                                                             __   _--




                                                  2
                            t.fl




 23,07,2024 at 05.30 p.m.,                       near Ragimanu       Kunta,      Penusila

 LakshminarasI'mha reserve forest, Gopavaram Mandal, YSR

 District, in which 59 red sanders logs, weighing about 1426 kgs

 and other material were seized and Al to A4 were arrested On

 25.02.2025 and they were remanded to J-udiCial Custody.

 3.     Heard. Perused the record.

 4.     Learned counsel for the petitioner submits that basing on

 the confessional statement of co-accused, the petitioner herein

 is arrayed as accused in the present crime. Except the said

 confessional statement, no other material has been collected to

COnneCt the        Petitioner           in      the   commission   of offence.    The

Petitioner   has     been          in        judicial   custody    from   25.02,2025,

Learned Assistant Public Prosecutor opposed to grant bail on

the ground that investigation in the present is not completed and

the petitioner herein is involved l'n other crime. lt is submitted by

the learned counsel for the petitioner that the petitioner has

Permanent abode and there is no possibility of his fleeing away

from the Jurisdiction of the court.                   lt is submitted by the learned

Assistant Public Prosecutor that the injured has been discharged

from the hospital and there is no danger to his life.

5.     Considering the remand period of the petitioner, this court

views that most of the investigation might have been completed
                                   t:--a l-l*



                                                €-`
 Ll,,'llll"

                   Pertajnjng to the role played by the petitioner in the commission

                   of the offence and most of the witness are official witnesses, the

                   release        of the   accused     would     not    cause     hampering           of

                   investigation or tampering of witnesses.            In the said facts of the

                   case,      thI'S Court is    inclined to    grant bail    to the petitI-Oner

                hereI'n/A9, on the followI®ng COnditI'OnS.


                              i. The petitioner herein/A9 shall be released on executing

                a Personal bond for Rs.20,000/- (Rupees twenty thousand only)

               with two sureties for a like sum each to the satisfaction of the

               learned Judicial Magistrate of First Class-cum~special court for

               Trail of Red Sanders Smuggll'ng offences, Tirupathi.

                           I-i.      On release, the petitioner shall appear before the

               Station House Officer concerned, once in a week i.e., on every

               Sunday between 10.00 AM and 01.00 PM., for a perI'Od Of two

               (2) months.

                           iii.   The   petitI-Oner   iS   dI'reCted   not   tO    hamper           the

               investI-gatiOn and tamPer WI-th the Prosecution Witnesses.

              6.            AccordI'ngly, the Crjmjnal PetI'tiOn iS allowed.
                                                                                                                -\   I--_   .   -|=



                                                                                SD/-AI V!JA'yA 'bABdp-1
                                                                         A        ASS!STAN-T               EGISTRAR
                                                /ITRUE COPY//                         i .   I   I

                                                                                                           |`
                                                                                SECTION GrFF!L`L=R
        To,

         J+.-rThe JudicI'al Magistrate of First Class-Gum-Special Court for TrI-al of
              Cases Relating to Red Sanders Smuggling, TI-ruPathi.
  2~. The Superintendent, Central Jail, Kadapa, Kadapa District.
 Ei


 a. The Station House Officer, Badvel Rural Police Station, Kadapa District.


 4f One CC to Sri. MANTAPAMPALLE RAMPRASAD, Advocate [OPUC]


 #. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra
     Pradesh [OUT]
  ~
  6. One spare copy

JSS
                        -

\

HIGH COURT

TMR, J

DATED : 01 /04/2025

BAIL ORDER

CRLP.No.3166 of 2025

ALLOWED

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