Panthagani Hari Krishna vs State Of Andhra Pradesh
2021 Latest Caselaw 1938 AP

Citation : 2021 Latest Caselaw 1938 AP
Judgement Date : 3 June, 2021

Andhra Pradesh High Court - Amravati

Panthagani Hari Krishna vs State Of Andhra Pradesh on 3 June, 2021

Bench: M.Ganga Rao

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY ,THE THIRD DAY OF JUNE

 
 
 
  
 

 

TWO THOUSAND AND TWENTY ONE -

:PRESENT: Zed

THE HONOURABLE SRI JUSTICE M.GANGA RAO he
IA No. 3 OF 2021 fi

IN
CRLA NO: 98 OF 2021

  

Between:
Panthagani Hari Krishna, S/o.Penchelaiah, Hindu, aged about 38 years,
R/o. Venkatampalli, Harijanawada of Rajampet Mandal, Kadapa District,

...Petitioner
(Appellant in CRLA 98 OF 2021
on the file of High Court)

AND

State of Andhra Pradesh, Rep., by its Public Prosecutor, High Court of Andhra Pradesh

at Amaravathi. .
... Respondents

(Respondents in-do-)

Petition under Section 389 (1) Cr. PC praying that in the circumstances stated in |
the memorandum of grounds filed in support of the Criminal Appeal, the High Court may
be pleased to suspend the sentence imposed in SC 129/2018 by the learned III
Additional Sessions judge at Rajampet, dt 20-01-2021 and release the petitioner/
appellant on bail in the interest of justice. or alternatively release the petitioner appellant
on interim bail for at least 90 days, pending disposal of CRLA No. 98 of 2021, on the
file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in Criminal Appeal and upon hearing the arguments of
Sri Achuta Parthasaradhy, Advocate for the Appellants and of Public Prosecutor for the
Respondents, the Court made the following
ORDER:

This petition is filed under Section 389(1) Cr.P.C. seeking release of the

petitioner/appellant/A1 on bail, for a period of ninety(90) days.

The petitioner along with other accused were tried in S.C.No.129 of 2018 by the learned III Additional Sessions Judge, Rajampet, for the offence punishable under Section 304-B I.P.C. and after trial, the learned Judge convicted him by judgment dated 29.01.2021 and sentenced him to undergo imprisonment for a period of 7 years

for the offence punishable under Section 304-B |.P.C.

Learned counsel for the petitioner submits that the petitioner is suffering from paralysis and acute arthritis and his health condition is very serious and the same is evident from the medical reports filed in support of this petition. He further submits

that as per the judgment of the Hon'ble Supreme Court in Suo motu Writ Petition(C)

No.1 of 2020 dated 07.05.2021, the petitioner is entitled for interim bail for a period

of 90 days.

The learned Special Assistant to Public Prosecutor did not dispute the above said

facts.

Having regard to the health condition of the petitioner and in view of the Covid Pandemic situation, this Court is inclined to grant temporary bail to the petitioner for

| a period of ninety(90) days from the period of his release..

| Accordingly, the application is ordered and the petitioner/appellant is directed to be enlarged on bail for a period of ninety(90 days) from the date of his release, subject to his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two surities for a likesum each to the satisfaction of the Judicial First Class Magistrate, Rajampet. After release, the petitioner shall be in self quarantine for fourteen(14) days as per Covid-19 guidelines. It is made clear that after completion of ninety (90) days, the petitioner is directed to surrender before

the Superintendent of the concerned jail, without fail. i

Sd/-M.Suryanadha Reddy ASSISTANT REGISTRAR

IITRUE COPYI/! Pebre E SECTION OFFICER oO. .

wwe ee eID NAR

1. The Judicial First Class Magistrate at Rajampet, Kakapa District

2. The Superintendent, Central Prison, Kadapa, YSR Kadapa District

3. Two CC to Public Prosecutor, High Court of A.P. at Amaravati (OUT)

4. One CC to Sri Parthasaradhy Achuta, Advocate [OPUC)

5. One spare copy

TVR

HIGH COURT

MGRJ