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
