Damodharan, Vs The State of Andhra Pradesh — Bail and Remand | Andhra Pradesh HC (2025)

Damodharan, Vs The State of Andhra Pradesh — Bail and Remand | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner/A2 in Crime No. 14 of 2024 of RSASTF Police Station, Tirupati, on a personal bond of Rs.25,000/- with two sureties for a like sum each, subject to conditions of weekly reporting to the Station House Officer for three months, non-hampering of investigation, non-tampering with prosecution witnesses, and cooperation with the investigation.

Issue for consideration

Whether the petitioner/A2 (Damodharan), an accused in Crime No. 14 of 2024 of RSASTF Police Station, Tirupati, Chittoor District, registered for offences under Sections 379 IPC r/w 34 IPC, 120-B, 109 IPC and Sections 30(1)(d)(i)(a) r/w 20(1)(c) ii, iii, iv, x, 36(a) r/w 32A, 29(4)(a)(i) of the A.P. Forest Amendment Act, 2016, is entitled to be released on regular bail under Sections 480 and 483 of the BNSS.

Court's answer

Regular bail granted to the petitioner/A2: the Court found that further detention of the petitioner was not required, as most of the investigation appeared to have been completed, most of the witnesses were official witnesses so release would not hamper the investigation, and the petitioner has only one antecedent.

Ratio / Principle

The petitioner/A2 shall be released on executing a personal bond for Rs.25,000/- (Rupees twenty five 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 Trial of Cases relating to Red Sanders Smuggling, Tirupati.

Key takeaways

Condition of bail: after release, the petitioner shall appear before the Station House Officer concerned once in a week for a period of three (03) months.ratio¶42
Condition of bail: the petitioner is directed not to hamper the investigation or tamper with the prosecution witnesses and shall cooperate with the investigation.ratio¶43

Detailed headnote1 paragraphs

Criminal Petition under Sections 480 and 483 of the BNSS (old Sections 437 and 439 Cr.P.C.) filed by Damodharan (A-2), a 29-year-old resident of Tiruvannamalai District, Tamil Nadu, seeking regular bail in Crime No. 14 of 2024 of RSASTF Police Station, Tirupati, Chittoor District, registered for offences under Sections 379 IPC r/w 34 IPC, 120-B, 109 IPC and Sections 30(1)(d)(i)(a) r/w 20(1)(c) ii, iii, iv, x, 36(a) r/w 32A, 29(4)(a)(i) of the A.P. Forest Amendment Act, 2016, arising out of alleged red sanders smuggling (arrest and seizure of logs on 31.01.2024 near Sanipaya Forest Beat, Annamayya District). Petitioner in judicial custody since 04.02.2025 on a P.T. Warrant; learned counsel submitted that the case rests on confessions of co-accused with no independent material against him, most witnesses are official witnesses, and most of the investigation is complete; the learned Assistant Public Prosecutor confirmed only one antecedent. Held (T. Mallikarjuna Rao, J., 03.04.2025): further detention not required; bail granted on a personal bond of Rs. 25,000/- with two sureties for a like sum each to the satisfaction of the JMFC-cum-Special Court for Red Sanders Smuggling Cases, Tirupati, with conditions of weekly reporting to the SHO for three months, no hampering of investigation or tampering with witnesses, and cooperation with the investigation. Criminal Petition allowed.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY, THE THIRD DAY OF APRIL

:PRESENT:

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2807 OF 2025

Between:

Damodharan, S/o Raman, aged 29 years, D.No.87, Melmurukamandai Village, Nagalur Post, Kanamalai Panchayat, Jamanamarthur Taluk, Tiruvannamalai District, Tamil Nadu State.

Petitioner/Accused No.2

AND

The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati through Station House Officer, RSASTF Police station Tirupati, Chittoor District.

Respondent/Complainant

Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioners/ A-2 on Bail in connection with Cr.No.14 of 2024 of RSASTF Police Station, Tirupati, Chittoor District.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri SRINIVASU L, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following;

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APHC010128562025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3369]

THURSDAY .THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

CRIMINAL PETITION NO: 2807/2025

Between:

Damodharan ...PETITIONER/ACCUSED

AND

The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh

Counsel for the Petitioner/accused:

1.SRINIVASU L

Counsel for the Respondent/complainant:

PUBLIC PROSECUTOR

The Court made the following: ORDER:-

This Criminal Petition, under Sections 480 and 483^ofthe BNSS, has been filed by the petitioner/A2, seeking regular bail, in Crime No. 14 of 2024 of RSASTF Police, Station, Tirupati, Chittoor District.

A case has been registered against the petitioner/A2 herein and others for the offences punishable under^Sections 379 of IPC r/w 34 IPC, 120-B, 109 IPC and Sections

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30(1)(d)(i)(a) r/w 20(1 )(c) ii, iii, iv, x, 36(a) r/w 32A, 29(4)(a)(i) of the A.P.Forest Amendment Act, 2016.

The brief facts of the case are that on 31.01.2024 at about 9.00 a.m. on receipt of credible information about^redsender smuggling, the RSI along with staff reached distance^of100 meters towards south from Rajampet, Rayachoty Road, Near Odhiveedu Kasba, Errarajugaripalli Panchayathi, Sanipaya Forest Beat, Sanipaya Section and Range, District Forest^Office Rajampet, Annamayya District and found some persons loading some logs in a car. Then the RSI arrested the accused^and seized red senders. Thereupon, the RSI registered the^sameas a case in Crime No. 14 of 2024 and investigated into.

Heard. Perused the record.

The learned counsel for the petitioner submits that^the petitioner/A2 was remanded to judicial custody upon the production of a P.T.Warrant and has been judicial custody^since 04.02.2025 and the most of the investigation has been completed. He further submits that, based on confessions^ofco accused, the case was registered against the petitioner/A2^and no independent material has been collected showing his

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involvement in the commission of the offence. The petitioner belongs to Tamilnadu State. When ascertained the learned Assistant Public Prosecutor confirmed that the petitioner^has only one antecedent. Most of the witnesses are shown^tobe official witnesses and the release of the accused would not cause hampering of investigation and this Court feels^thatfurther detention of the petitioner is not required. As most of the investigation might have been completed, as such, this^Courtis inclined to grant bail to the petitioner.

(i) The petitioner/A2 shall be released on executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the^{satisfactionof} the learned Judicial Magistrate of First Class-cum-Special^Court for Trial of Cases relating to Red Sanders Smuggling,^Tirupati.

(ii) After release, the petitioner shall appear before^the Station House Officer concerned, once in a week for a period of three (03) months.

(iii) That the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses^andhe shall cooperate with the investigation.

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W

6. Accordingly, the Criminal Petition is allowed.

ISTRAR
//TRUE COPY/
SE ON OFFICER
To.
1. The Judicial Magistrate of First Class-cum-Spl. Court for Trial of Cases
Relating to Red Sanders Smuggling, Tirupati.
2. The Superintendent, Sub-Jail, Tirupati
3. The Station House Officer, RSASTF Police Station Tirupati, Chittoor
District
4. One CC to SRI. SRINIVASU L Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of AP [OUT]
6. One spare copy
KJ

\

HIGH COURT

TMR,J

DATED:03/04/2025

BAIL ORDER

CRLP.No.2807 of 2025

ALLOWED

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€ ,17 m ®
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