CRLP/15888/2014 of Bhimireddy Obul Reddy Vs The State of A.P., on 30 December 2014

ORDER:

THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR

CRIMINAL PETITION No.15888 of 2014

The petitioner, who is A1, filed the present application under Section 438 Cr.P.C.seeking release in the event of his arrest in connection with Crime No.76 of 2014 ofS.R.Puram Police Station, Nellore District, registered for the offences punishableunder Sections 392, 307, 353 r/w.34 IPC and Section 3 and 4 of P.D.P.P.Act andSection 20(i) (c) (iv)and (x) of A.P.Forest Act.

2. The case of the prosecution is that on instigation of petitioner/A-1, the other accused cut the red sandal trees in the Chinthodu Forestarea (Velugonda Forest) and on giving information by them, the petitioner went onhis motor cycle bearing No.AP 26 N 0746 along with carriage vehicle includingweighing machine and weighed red sandal logs before paying money to A-2 to A-7at Rs.60/- per kg. It is further alleged that for the past six months the A-2 to A-7handed over 42 red sandal logs to the petitioner. On 17-09-2014 A-1 to A-7 gatheredand tried to transport the red sandal logs illegally. On reliable information the Sub-Inspector of Police, S.R.Puram along with his staff and mediators proceeded toVelugonda hills near Chinthodu forest area and noticed A-2 to A-7. When LWs 1 to10 tried to proceed towards them, they are alleged to have hurled stones with a viewto kill them. But Lws 1 to 10 escaped from their clutches, caught hold of A-2 and A-3.The remaining accused present at the scene escaped into the bushes. Onquestioning A-2 and A-3 are alleged to have confessed about the commission ofoffence and also about the participation of A-4 to A-7. Pursuant to the confessionmade, 29 red sanders were seized in the presence of mediators. Basing on theseallegations, the above case came to be registered.

3. Heard learned counsel for the petitioner and learned Additional Public Prosecutorfor the respondent-State.

4. A perusal of the material placed before the Court would show that earlier thepetitioner filed Crl.P.No.14729 of 2014 and the same was rejected on 02-12-2014.There are no changed circumstances from the date of dismissal of the saidapplication. Even otherwise, the allegations in the report, which is based onconfession of the accused, who were arrested at the spot, discloses involvement ofthe petitioner in the crime. It has been categorically stated that in the past six months A-2 to A-7 are alleged to have handed over red sandal logs to the petitioner whoused to transport and sell the same and make money. The averments in the reportalso discloses that on 07-09-2014 A-1 to A-7 gathered and tried to transport the red sandal logs in the forest. Learned counselfor the petitioner submits that A-2 and A-3 were released on bail and as suchrequest of the petitioner may also be considered. The said argument can not beaccepted as A-2 and A-3 were granted regular bail, whereas the present applicationfiled under Section 438 Cr.P.C.

5. Having regard to the circumstances of the case and since the involvement of thepetitioner prima facie stands established, I am not inclined to grant anticipatory bailto the petitioner. However, the petitioner if so advised shall appear before theconcerned Court and move an application for grant of bail after giving notice to thePublic Prosecutor which shall be dealt with at the earliest having regard to thecircumstances stated supra.

6. With the above direction, the Criminal Petition is disposed of.

30-12-2014nvl

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JUSTICE C. PRAVEEN KUMAR