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Ayodhya Siva Kumar Alias Siva vs State Of Andhra Pradesh

Andhra Pradesh High Court · Decided on 4 June 2026 · Citation: (2026) 06 AP CK 0204

HON’BLE JUDGES
A. Hari Haranadha Sarma, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 480, 483 · Indian Penal Code, 1860 — Section 34, 379, 447 · Andhra Pradesh Forest Act, 1967 — Section 20(1)(d)(i)(a), 20(1)(c)(ii), 20(1)(c)(iii), 20(1)(c)(iv), 20(1)(c)(ix), 20(1)(c)(x) · Andhra Pradesh Forest (Amendment) Act, 2016 — Section 32A, 36(a) · Bio-Diversity Act, 2002 — Section 55(2), Section 55(3), Section 55(4), Section 55(6)
RESULT
Allowed
CASE NUMBER
Criminal Petition No: 4598 Of 2026
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Judgment

14 paragraphs · 467 words

A. Hari Haranadha Sarma, J

1.

The Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), for grant of regular bail. The petitioner herein is arrayed as accused No.5 in Crime No.489 of 2021 of Piler Urban Police Station, Chittoor District with the allegations of committing the offences under Sections 447, 379 r/w 34 of IPC, Section 20(1)(d)(i)(a) r/w Section 20(1)(c)(ii), (iii), (iv), (ix), (x), Section 36(a) r/w Section 32A of the A.P.Forest (Amendment) Act, 2016, Section 55(2) r/w 3, 4 and 6 of Bio-Diversity Act, 2002, while claiming that petitioner is innocent and there is no basis except the confession of the other accused.

2.

The petitioner prays for a direction to release him on regular bail.

3.

Heard both sides.

4.

Point for determination:

Whether the petitioner/accused No.5 is entitled for grant of regular bail in terms of Section 480 & 483 of BNSS? If so, on what terms?

Point:

5.

This case pertains to the smuggling of red sanders, and the quantity allegedly involved is 88.5 kg (06 red sander logs). The offence is stated to have been committed in the year 2021. The accused was arrested on 25.04.2026. The other accused are stated to have been arrested and subsequently enlarged on bail. The charge sheet has also been filed, and a copy of the same is enclosed with the petition.

6.

Upon considering the facts and circumstances of the case, as well as the submissions made, I am of the view that keeping the petitioner in custody for an indefinite period would serve no useful purpose. However, the petitioner may be granted bail subject to the imposition of reasonable conditions.

7.

In the result, the Criminal Petition is allowed with the following stringent conditions:

i. The Petitioner/Accused No. 5 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for a like sum each, to the satisfaction of the learned Special Judicial Magistrate of First Class for Trial of Cases Relating to Red Sanders Smuggling, Tirupati.

ii. The Petitioner/Accused No. 5 shall surrender his passport, if any, before the concerned Police Station. The police are at liberty to take appropriate steps to ensure that the petitioner does not leave the country without prior permission of the Court.

iii. The Petitioner/Accused No. 5 shall be available for trial. He shall furnish the details of his permanent residential address, as well as those of his sureties, to the concerned police within 15 days from the date of his release. In the event of any change in his residential address, he shall promptly intimate the same to the concerned police from time to time.

As a sequel, Miscellaneous petitions, if any pending, shall stand closed.