Sunkari Sudheerbabu, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2919 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                      MAIN CASE NO.:Crl.A.No.235 of 2020
                                PROCEEDING SHEET

Sl.      Date                                     ORDER                            OFFICE
No.                                                                                 NOTE

7.    06.08.2021   LK,J

                                              I.A.No.1 of 2021

                          This petition is filed with a prayer to suspend
                   execution of sentence imposed in judgment dated
                   20.02.2020 in S.C.No.35 of 2015 on the file of II
                   Additional          District     and     Sessions     Judge,
                   Parvathipuram and to enlarge the petitioner/A1 on
                   bail pending disposal of the present appeal.

                          Heard learned Senior Counsel appearing for the
                   petitioner and learned Assistant Public Prosecutor for
                   the respondent-state.

Learned Senior Counsel for the petitioner submits that the petitioner was convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- (Rupees five thousand only) and in default of payment to undergo simple imprisonment for six months for the offence punishable under Section 304-B of IPC.

Learned Senior Counsel for the petitioner submits that after the death of the deceased PWs1 and 2 refused to take her dead body and as the petitioner/A1 was in jail, her last rites were performed by A3. He submits that A2 and A3 who are old aged parents of the petitioner/A1 are taking care of the daughter of the deceased and the petitioner/A1, who is aged about 11 years. He further submits that even as per the judgment there is a clear finding that there is no evidence with regard to the harassment made by the accused by demanding additional dowry. He submits that LW13 who was examined as DW 1 deposed that the petitioner/A1 and DW1 went to cinema when the deceased committed suicide. He submits the Court below without considering these facts had erred in convicting the petitioner/A1 only on the ground that the deceased died in the house of A1 and he failed to explain the reason for the death of the deceased. The court below found the accused not guilty for the offences punishable under Sections 3, 4 and 6(2) of the D.P.Act and accordingly acquitted them. It is submitted that the petitioner /A1 has to take care of his daughter. Hence, he requests that the case of the petitioner may be considered for grant of bail.

Taking into consideration the facts and circumstances of the case, the sentence of imprisonment imposed against the petitioner/A1 in the judgment, dated 20.02.2020 passed in S.C.No.35 of 2015 by learned II Additional District and Sessions Judge, Parvatipuram, alone is suspended pending the criminal appeal. The petitioner/A1 shall be enlarged on bail on execution of self bond for Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for a likesum each to the satisfaction of Additional Judicial Magistrate of First Class, Bobbili, Vizianagaram District.

_______ LK, J ikn