THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION NO.7904 OF 2022
ORDER:
This Criminal Petition is filed under Section 438 of the Criminal Procedure Code („Cr.P.C.‟ in short), seeking pre-arrest bail, by the petitioner/A2 in Crime No.56 of 2019 of Bhakarapeta Police Station, Chittoor District, registered for the offences punishable under Sections 20(1) (d) (i) read with Section 20(1) (c), (ii), (iii), (iv), (ix) and (x) and Section 36 read with Section 32 (A) of Andhra Pradesh Forest Act, 1967 (Amendment Act, 2016) and Rules 3 & 4 of the Andhra Pradesh Sandalwood and Red Sanders Transit Rules, 1969 and Section 55 (2) read with Sections 3, 4 and 6 of the Bio-Diversity Act, 2002 and Section 3 of the Prevention of Damage to Public Property Act, 1985 and Sections 447, 379 and 109 of the Indian Penal Code, 1860 (for short „IPC‟).
2. The case of the prosecution, in brief, is that on 02.07.2019 at 5.30 a.m., on information of the Peeleru Rural C.I., the A.S.I. along with staff, reached bushes near Gaddla Banda, near Boreddygari Palli Bus stop, on Devarakonda-Bhakarapeta Road, Devarakonda, Chinnagottigallu Mandal, Chittoor District. It is alleged that the accused formed into a Red Sanders smuggling gang, criminally 2 trespassed into Seshachalam Reserve forest area with a view to commit Red Sanders smuggling, cut live red sander trees and committed theft of Red sander logs to smuggle the same to Bangalore. During raid, A3 to A24 were found loading 11 red sander logs in two vehicles, which were brought by A3 and A4 from A1 and A2 and A3 to A24 were arrested and the 11 red sander logs were seized. Hence, the above crime was registered against the petitioners and others.
3. Heard Sri Javvaji Sarath Chandra, learned counsel for the petitioner and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner, in elaboration to what has been raised in the grounds, contended that the petitioner has been falsely implicated in the present case due to political reasons. It is also contended that in the FIR, A2‟s name is shown as "Prathap Reddy @ Bujji" and the petitioner was never called as "Bujii" and he has no @ name and A2 is not the petitioner herein. It is further stated that, though the Crime was registered in the year 2019, the Police are trying to arrest the petitioner on the pretext that the petitioner‟s name is "Prathap Reddy". It is also contended that the petitioner never involved in any crime much less the alleged crime and he is law abiding citizen and he is ex-Mandal President. It is contended that, in the 3 event if he is arrested, his political career and his reputation in the family and the society will be affected. It is further submitted that, the petitioner will abide by any conditions imposed by the Court while granting the bail and will co-operate with the investigation. Hence, prayed this Court to consider this application.
5. On the other hand learned Special Assistant Public Prosecutor opposed the application and submitted that though charge sheet is filed, the petitioner is shown as absconding and, therefore, the present bail application is not maintainable. In support of the said contention, he relied on the decision of the Hon‟ble Apex Court in Sanatan 1 Pandey v. State of Uttar Pradesh and attention of this Court is drawn to the last lines of para 3.1 of the said decision and the same reads as under:
"3.1 . . . . . . . . . . . Thus, from the aforesaid it is found that there is a prima facie case found against the petitioner for the aforesaid offences and even the charge sheet has been filed and the petitioner is found to be absconding. Therefore, this is not a fit case to grant anticipatory bail to the petitioner. The Court shall not come to the rescue or help the accused who is not co-operating the Investigating Agency and absconding and against whom not only non-bailable warrant has been issued, but also the proclamation under Section 82 Cr.P.C. has been issued."
1 LL 2021 SC 568 4 Further, it is contended that in the event if the petitioner is enlarged on pre-arrest bail, he may not co-operate with trial and may influence the witnesses and hence, prayed for dismissal of the petition.
6. To the said submission, the learned counsel for the petitioner submitted that though the petitioner is very much available in the village, he was shown as absconding, now the police are trying to arrest due to political reasons as if the petitioner is A2.
7. Taking submissions of both the learned counsel into consideration and as charge sheet has already been filed and the judgment relied upon by the learned Special Assistant Public Prosecutor is not relevant to the facts of the case, as no proclamation was issued against the petitioner herein, excepting showing A2 as absconding and further there is some force in the contention of the learned counsel for the petitioner that when the petitioner is a Ex- Mandal Parishad President, the question of his absconding does not arise, this Court is inclined to grant pre-arrest bail to the petitioner, however by duly taking the apprehensions of the learned Special Assistant Public Prosecutor into consideration, on the following conditions:
(i) The petitioner shall surrender before the concerned Court and on such surrender, the concerned Court shall release the petitioner on 5 bail, on his executing self bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the concerned Court; and
(ii) The petitioner shall not directly or indirectly contact or threaten the witnesses under any circumstances in this regard and any such attempt shall be construed as an attempt of influencing the witnesses and the petitioner shall not tamper the evidence.
Further, the petitioner shall scrupulously comply with the above conditions and in case of infraction of the same, the prosecution is at liberty to move appropriate application for cancellation of bail.
Accordingly, the Criminal Petition is allowed.
Miscellaneous applications, pending if any, shall stand closed.
_______________________________ JUSTICE RAVI CHEEMALAPATI 10th October, 2022.
GBS/SCS