Andhra Pradesh High Court – Amravati
N Subbaiah Alias Sundhar vs The State Of Andhra Pradesh on 5 August, 2025
APHC010382602025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
TUESDAY,THE FIFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7857/2025
Between:
1. N SUBBAIAH ALIAS SUNDHAR, S/O. NAGAMALAI, AGED 54 YEARS,
OCC COOLIE, R/O. D.NO. 875, 26TH STREET, BHAKTAVATHALAM
BV COLONY, VYSARAPADI, CHENNAI, TAMILNADU STATE.
2. SURESH KUMAR KRISHNASWAMY, S/O. KRISHNASWAMY, AGED
44 YEARS, OCC COOLIE, R/O. D.NO. 10, ANNAI GANDHI CROSS
STREET, VETTRI NAGAR, POLAVALLURU JAWAHAR NAGAR,
CHENNAI, TAMILNADU STATE.
...PETITIONER/ACCUSED(S)
AND
THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, High
Court of Andhra Pradesh, At Amaravati.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
D PURNA CHANDRA REDDY
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
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Crl.P.No.7857 of 2025
Dated 05.08.2025
The 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.3 and 4 on bail in Cr.No.25 of 2025 of RSASTF Police Station,
Tirupati District, registered against the petitioners/Accused Nos.3 and 4
herein for the offences punishable under Sections 303 (2) read with 3 (5)
of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), 49, 61 (2)
of ‘the BNS’ and Sections 20 (I) (d)(I)(a) read with 20 (I)(c), ii, iii, iv, x, 36
(a) read with 32-A, 29 (4)(a)(I) of the Andhra Pradesh Forest Act, 2016.
2. The case of the prosecution is that, on receipt of credible
information about the illegal transportation of Red Sander logs, the
Reserve Sub-Inspector of Police of RSASTF, Tirupati, he along with his
staff including forest officials conducted a raid near Mellemkonda
Swamy statues, Gudi Gunta Forest, Ananthasagaram, on 20.06.2025 at
around 4:00 A.M. During the operation, they found a car and a
motorcycle at the location, with several individuals loading items into the
car. Upon being warned in Telugu and Tamil, the individuals attempted
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Crl.P.No.7857 of 2025
Dated 05.08.2025
to flee. The police apprehended four of them, while others escaped.
Upon inspection, 17 Red Sander logs were found in the car, and based
on the confessions of the arrested persons, an additional 38 logs were
recovered from nearby bushes, totaling 55 Red Sander logs. The car,
motorcycle, and logs were seized, and the four accused were arrested.
3. Sri D.Purna Chandra Reddy, 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 the family
and, therefore, their continued incarceration would cause undue
hardship to their dependents. The learned counsel further submits that
the petitioner/Accused No.4 had not even transported the red sander
logs and that, even accepting the prosecution’s version in Toto, the
alleged offence was not completed insofar as the petitioner/Accused
No.4 is concerned. The petitioners undertake to strictly adhere to any
conditions that may be imposed by this Court. 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,
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Crl.P.No.7857 of 2025
Dated 05.08.2025
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 further submitted that the
petitioner/Accused No.4 is the driver of Accused No.5, who is the main
smuggler. It is reported that there are no adverse antecedents against
the petitioners. As the alleged offence is punishable with imprisonment
of up to ten years, and the petitioners have been in judicial custody for
the past 46 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. As seen from the record, the petitioners were allegedly indulged in
cutting and transportation of 55 Red Sander logs weighing about 959
kgs. According to the prosecution, Accused No.5 is the main linchpin in
this case; he is the main smuggler for cutting and transporting Red
Sander logs from Seshachalam Forest. Accused No.5 asked Accused
Nos.3 and 4 to procure coolies for trespassing into the reserve forest
and cutting down the Red Sander trees and taking away the Red Sander
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Crl.P.No.7857 of 2025
Dated 05.08.2025
logs without prior permission. Even though the learned Assistant Public
Prosecutor submits that there are no adverse antecedents against the
petitioners, in view of the fact that the petitioner/Accused No.4 is the
driver of Accused No.5, who is the main smuggler as alleged by the
prosecution, the request of the petitioner/Accused No.4 cannot be
considered at this juncture. Hence, the petition against the
petitioner/Accused No.4 is dismissed.
7. The petitioner/Accused No.3 is aged about 54 years and he is a
coolie eking out his livelihood. He was lured by Accused No.4 and other
accused to indulge in commission of the alleged offence.
8. Considering the gravity and nature of the allegations levelled
against the petitioner/Accused No.3, his alleged role played in this case,
and the period of detention undergone by the petitioner in judicial
custody for the past 46 days, the request of petitioner/Accused No.3 is
found convincing and reasonable, this Court is inclined to enlarge the
petitioner/Accused No.3 on bail.
9. In the result, the Criminal Petition is partly allowed with the
following conditions:
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Crl.P.No.7857 of 2025
Dated 05.08.2025i. The petitioner/Accused No.3 shall be enlarged on bail
subject to he executing a personal 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
Judicial Magistrate of First Class for Trail of Cases relating
to Red Sander Smuggling, Tirupati.
ii. The petitioner/Accused No.3 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 petitioner/Accused No.3 shall not leave the limits of
the District without prior permission from the Station House
Officer concerned.
iv. The petitioner/Accused No.3 shall not commit or
indulge in commission of any offence in future.
v. The petitioner/Accused No.3 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.
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Crl.P.No.7857 of 2025
Dated 05.08.2025vi. The petitioner/Accused No.3 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: 05.08.2025
RSI
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Dr. YLR, J
Crl.P.No.7857 of 2025
Dated 05.08.2025THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.7857 of 2025
Date: 05.08.2025
RSI