Andhra Pradesh High Court - Amravati
Kasi Sunil Kumar Balakrishna vs The Sate Of Andhra Pradesh on 26 July, 2021
Bench: Lalitha Kanneganti
[3240]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY ,THE TWENTY SIXTH DAY OF JULY,
TWO THOUSAND AND TWENTY ONE
. ' IPRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
IA No. 1 OF 2024
IN
CRLA NO: 581 OF 2017 v
Between:
Kasi Sunil Kumar @ Balakrishna, S/o. Anil Kumar, R/o SC. Colony, Vakathippa Village,
U.Kothapalli Mandal, E.G.District, now in Central Prison, Rajahmundry, E.G. District,
Andhra Pradesh.
. Petitioner/Appellant
(Appellant in CRLA 581 OF 2017
on the file of High Court) ~
AND
The Sate of Andhra Pradesh, rep. by the Public Prosecutor,
High Court of A-P., at Amaravati
.. Respondent
(Respondent in-do-)
Petition under Section 389(1) of Cr.PC., praying that in the circumstances stated
in the memo of grounds filed in CrLA., the High Court may be pleased to release the
petitioner on bail by suspending the sentence passed in SC No. 18 of 2016 Dated
09.05.2017 by the court of the Spl. Judge constituted under protection of Children from
sexual offence act cum | Addi. Sessions Judge, East Godavari at Rajamahendravarm,
pending disposal of Cri.A No. 581 of 2017 on the file of the High Court. ~
The petition coming on for hearing, upon perusing the Petition and memo of
grounds filed herein and. upon hearing the arguments of Dr Challa Srinivasa Reddy,
Advocate for the Appellant, and of Public Prosecutor for Respondent, the Court made
the following Lo
ORDER:
This petition is filed by the accused seeking suspension of sentence imposed in
judgment dated 09.05.2017 passed in POCSO S.C.No.18 of 2016 on the file of the Special
Sessions Judge for Trial of the Cases under the Protection of Children From Sexual
Offences Act, 2012 -cum- I Additional Sessions Judge, East Godavari District,
Rajahmahendravarm and to enlarge the petitioner on bail, pending disposal of the criminal
appeal.
Heard Dr.Challa Srinivasa Reddy, learned counsel for the petitioner/accused and
learned Assistant Public Prosecutor for the respondent-state.
Learned counsel for the petitioner submits that the petitioner was found guilty of
the offences under Section 376(1) IPC and Section S(1) read with 6 of POCSO Act and he
was sentenced to undergo rigorous imprisonment of ten years and to pay fine of Rs,1,000/-
and in default of payment te suffer simple imprisonment for one year.
Learned counsel for the petitioner submits that the petitioner is langhishing in jail
for the last five years and even as per the case of the prosecution the victim girl eloped with
the petitioner and she married the married. He submits that as per the prosecution case the
victim girl is 16 years and as per the medical report she is aged between 16 and 18 years.
Learned counsel submits that the Court below without appreciating all these facts, had
convicted the petitioner. Hence, the case of the petitioner may be considered for grant of
bail.
RRS UA ten RA OARS PRE ERA EAB ee tune
Learned Assistant Public Prosecutor opposed the petition but he did not dispute the
fact that the victim girl eloped with the petitioner.
Taking inte consideration the facts and circumstances of the case, the sentence of
imprisonment imposed against the petitioner in the judgment, dated 09.05.2017 passed in
POCSO S.C.No.18 of 2016 on the file of the Special Sessions Judge for Trial of the Cases
under the Protection of Children From Sexual Offences Act, 2012 -cum- I Additional
Sessions Judge, Rast Godavari District, Rajamahendravaram alone is suspended pending
the criminal appeal. The petitioner 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 Special Sessions Judge for Trial of the Cases under the Protection of
Children From Sexual Offences Act, 2012 -cum- I Additional Sessions Judge, East
Godavari District.
SD/- SHAIK MOHD, RAFI
ASSISTANT REGISTRAR
N a
HTRUE COPY/ ae
For SECTION OFFICER
To,
1. The Spl. Judge constituted under protection of Children from sexual offence act
cum | Addl. Sessions Judge, East Godavari at Rajamahendravarm,
The Station House Officer, U. Kothapalli Police Station, Pithapurm Circle, E.G.
District
The Superintendent, Central Prison, Rajahmundry, E.G. District ---
Two CCs to Public Prosecutor, High Court of A.P., at Amaravati (OUT)
One CC to Dr Challa Srinivasa Reddy, Advocate [OPUC]
One spare copy
Skm "
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Oa oO
HIGH COURT
LK,J
DATED :26/07/2021
ORDER
TA. No. 1 of 2021
IN
CRLA.No.581 of 2017
IN TERTM KOSPEaE Das A,
rE
DIRECTION
