Andhra Pradesh High Court - Amravati
B Srinivasulu vs The State Of Ap on 16 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
FRIDAY, THE SIXTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
: PRESENT:
iA No. 2 OF 2019
~ ON
CRLA NO: 328 OF 2019
Between:
Bathala Srinivasulu, S/o. Sankaraiah, aged about 20 years, R/o.D.No.26-158,
Chanikyapurl Colony, Podalakur Road, Nellore, SPSR Nellore District
..Petitioner/Accused
(Petitioner in CRLA 328 OF 2019
on the file of High Court)
AND
State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at
Amaravath|
_ Respondent
(Respondents in-do-)
Petition under Section 389 (1) of Cr.P.C praying that in the circumstances stated
in the affidavit filed in'support of the petition, the High Court may be pleased to release
the Petitioner/Accused/Appellant on regular bail, pending disposal of the Criminal
appeal no. 328 of 2019 on the file of this Hon'ble Court against the calendar and
judgment dated 12.03.2019 passed in POCSO S.C No. 29 of 2015 on the file of Court of
i" "Addi. Sessions Judge, Nellore, SPSR Nellore District, pending disposal of
CRLA No.328 of 2019, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of SRI T. NAGARJUNA REDDY
Advocate for the Appellant and of PUBLIC PROSECUTOR for the Respondent, the
Court made the following
ORDER:
"The petition is filed with a prayer to enlarge the petitioner on bail, pending
disposal of the criminal appeal against the calendar and judgment dated
42.03.2019 in POCSO SC.No.29 of 2015 on the file of the Court of First Additional
Sessions Judge, Nellore, SPSR Nellore District. ~
Heard Sri Siva Prasad Reddy, learned counsel for the petitioner, and
learned Assistant Public Prosecutor for the respondent-State.
Learned counsel for the petitioner submits that the petitionerfaccused was
sentenced to undergo imprisonment for a period of five years for the offence
punishable under Section 8 of POCSO Act and to pay fine of Rs.50,000/- and in
default of payment of fine, to suffer simple imprisonment for one year.
Learned counsel for the petitioner submits that the petitioner is in jail from
the last two years and six months and the minimum punishment is three years
and maximum punishment is five years and the Court below imposed maximum
punishment. As the petitioner is already undergone half of the imprisonment
imposed and he has good grounds to succeed in the appeal, his case may he
considered for grant of bail. ,
Learned Assistant Public Prosecutor opposed the petition.
Taking into consideration the facts and circumstances of the case,
sentence of imprisonment alone is suspended pending disposal of the criminal
appeal and the petitionerfaccused shall be enlarged on bail on his execution of
self bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two
sureties for a likesum each to the satisfaction of learned First Additional
Sessions Judge, Nellore, SPSR Nellore District'.
SDI-K.TATA' RAO
ASSISTANT. REGISTRAR
{TRUE COPY!! eae
For ASSISTANT REGISTRAR
To,
mh ON
The 1 Addl. Sessions Judge, Nellore, SPSR Nellore District
The Superintendent, Central Jail, Nellore, SPSR Nellore District
One CC to SRI T.NAGARJUNA REDDY Advocate [OPUC}]
Two CCs to PUBLIC PROSECUTOR, High Court of AP [OUT]
One spare copy
HIGH COURT
LKJ
DATED: 16/07/2021
ORDER
IA.NO.2 OF 2019
IN
CRLA.No.328 of 2019
BAIL
