Andhra Pradesh High Court - Amravati
Kolli Sri Rama Murthy, W.G.Dt., vs State Of Ap., Rep Pp., on 16 April, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE SIXTEENTH DAY OF APRIL, TWO THOUSAND AND TWENTY ONE
: PRESENT :
THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE D. RAMESH
|.A.No. 1 of 2021
IN
CRIMINAL APPEAL. No. 1244 of 2014
Between:-
Kolli Sri Rama Murthy @ Rama Murthy (CT No. 3419), S/o. Sri Pandu
Ranga Rao.
..Petitioners/Accused No. 4 »
(Appellant in Crl.A.No.1244/2014
on the file of the High Court)
AND
State of Andhra Pradesh, Rep. by its Public Prosecutor,
High Court at Amaravathi. --
.Respondent/Complainant
(Respondent in-do-)
Petition under Section 389(1) of Cr.P.C., praying that in the
circumstances stated in the grounds filed in the Criminal Appeal, the High
Court may be pleased to grant bail to the Petitioner/appellant, who is
undergoing life imprisonment in Sessions Case No. 510 of 2011 on the file of the
Court of the Ill Additional Sessions Judge, Bhimavaram, dated 21-10-2014
(arising out of Cr.No.55 of 2010 of Undi Police Station, West Godavari District,
pending disposal of the above Criminal Appeal No. 1244 of 2014 on the file of
the High Court.
The Petition coming on for hearing, upon perusing the petition and the
grounds filed in the Criminal Appeal and order of High Court d. 19-11-2015
made in Crl.A.M.P.No .1570 of 2015 and order dt. 31-07-2017 made in
Crl.A.M.P.No. 1614 of 2017 and upon hearing the arguments of
Sri N. Siva Reddy, Advocate for the Petitioner and of the Public Prosecutor on
behalf of respondent/State, the Court made the following
ORDER :- po
(PROCEEDING TAKEN UP THROUGH VIDEO CONFERENCING)
"This application is filed by the petitioner/A-4 under Section
389(1) Cr.P.C. in Cri.A.No.1244 of 2014 pending before this Court.
Heard learned counsel for the petitioner/A4 and learned Public
Prosecutor appearing for respondent-State.
Learned counsel for the petitioner submits that the Petitoner/A-4 has
been in jail since more than five years and his case is squarely covered by
the law laid down in Batchu Rangarao and Ors. Vs.State of A.P.
MANU/AP/0787/2016. He further submits that A-1 in this case has already
been released on bail vide order dated 23.03.2021 in IA No.1 of 2021 in
Crl.A.No.1234 of 2014, on the ground that he has completed five years of
imprisonment after conviction by the trial court.
Contd. .2...
Learned Public Prosecutor submits that the case of the petitioner/a-4
stands on the same footing on that of A-1 and that his case is also covered
by the Judgment in Batchu Rangarao's case (supra-1).
Having regard to the facts and circumstances of the case and
considering the fact that A-1 was already released on bail in view Batchu
Rangarao's case (supra--1), we are inclined to suspend the sentence and
enlarge the petitioner/A-4 on bail pending disposal of this Criminal appeal.
Accordingly, the IA is allowed and the petitioner/A-4 is directed to be
enlarged on bail on his executing a personal bond for Rs.20,000/- (Rupees
twenty thousand only) with two sureties for the like sum each to the
satisfaction of the Court of Ill Additional Sessions Judge, Bheemavaram,
West Godavari District on condition that he shall appear before the learned
lil Additional Sessions Judge, Bhimavaram, West Godavari District once in a
month till disposal of the Appeal. In the event he fails to do so, the learned
Sessions Judge shall submit a report before this Court, whereupon the bail
so granted to him may be cancelled, in accordance with law."
Sd/- E. KAMESWARA RAO,
ASSISTANT REGISTRAR
// TRUE COPY // be
SECTION OFFICER
To
1.The Ill Additional Sessions Judge, Bhimavaram, West Godavari District.
2.The Il Additional Judicial First Class Magistrate, Bhimavaram,
West Godavari District.
3.The Station House Officer, Undi Police Station, West Godavari District.
4.The Superintendent, Central Prison, Rajamahendravaram,
East Godavari District.
5.Two CCs to Public Prosecutor, High Court of A.P.,(OUT)
6.One CC to Sri N. Siva Reddy, Advocate(OPUC)
7.Two spare copies.
TKK
HIGH COURT
CPK.J & DR.J
DATED: 16-04-2021
' BAIL ORDER
1.A.No. 1 of 2021
IN
CRL.A.No. 1244 of 2021
RELEASE THE PETITIONER
ON BAIL.
