Vemula Kiran Kumar, Ponnur Anr., vs The State Of Ap., Rep Pp.,
2021 Latest Caselaw 1971 AP

Citation : 2021 Latest Caselaw 1971 AP
Judgement Date : 14 June, 2021

Andhra Pradesh High Court - Amravati

Vemula Kiran Kumar, Ponnur Anr., vs The State Of Ap., Rep Pp., on 14 June, 2021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE FOURTEENTH DAY OF JUNE, TWO THOUSAND AND TWENTY °
> PRESENT
THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
L.A.No. 1 of 2021
IN
CRIMINAL APPEAL.No.151 of 2017
Between:-
1.Vemula Kiran Kumar, $/o. John Benmet
2.Vemula Asha Jyothi, W/o. Kiran Kumar. --_-.. Petitioners/Accused Nos.1 and 2
{Appellants in CrLA.No.151/2017
an the file of the High Court)
AND
State of Andhra Pradesh, rep. by its Public Prosecutor,
High Court of Andhra Pradesh, Amaravathi, Guntur District. Respondent

(Respondent in-da-) 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 enlarge the petitioners on bail by suspending the sentence passed in $.C. No. 398 of 2015 passed by the Ill Additional District & Sessions Judge, Guntur, Judgment dated 19.9.2016, pending disposal of the above Criminal Appeal No. 151 of 2017 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 dt. 12-07-2017 made in CriA.M.P.No. 1500 of 2017 and order dt. 12-09-2017 made in- CruA.M.P.No. 2061 of 2017 and order dt. 05-02-2018 made in Crl.A.M.P.No, 3266 of 2017 and upon hearing the arguments of Smt Marella Radha, Advocate for the Petitioners and of the Public Prosecutor on behalf of respandent/State, the Court made the fatlowing ORDER :-

"The applicants, who are appellants/A-1 and A-2 in Criminal Appeal No.151 of 2017, filed the present application seeking to enlarge them on bail by suspending their sentence in Sessions Case No.398 of 2015 on the file of the learned Ul Additional District and Sessions Judge, Guntur.

Heard the learned counsel for the petitioners/A-1 and A-2 and the learned Public Prosecutor appearing for the respondent State.

The present application came to be filed seeking bail on the ground that the health condition of their only girl child, Vernula Geethika Sruthi, is not good and that the persons with whom she is staying are not in a position to maintain her and that they have to admit her in a hospital for treatment.

Learned Public Prosecutor, on instructions, submits that pursuant to the filing of the bail application, the Inspect or of Police, Ponnuru Town Police Station, Ponnuru examined Dr.C. Panduranga Rao, who stated that he has given a certificate on 10.2.2021 stating that Kurnari Vernula Geethika Sruthi is suffering from reactive depression and that she needs her parents' support.

Contd..2...

The said certificate is also placed on record.

It is also submitted that the girl is staying with her guardians - Godi Raju and Godi Kalpana but they are not financially sound to get the girl treated.

Having regard to the facts and circumstances of the case and in view of the earlier orders passed by this Court releasing petitioner No.2/A-2 on bail for limited period, we feel that it is a fit case to grant bail to petitioner No.2/A-2 i.e., Vemula Asha Jyothi for a period of two (2) months, so as to enable her to get her daughter treated with the help of the guardians.

Accordingly, this petition is allowed in part releasing petitioner No.2/A-2 only on bail for a period of two (2) months i.e., from 15.6.2021 to 15.8.2021 on her executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Ponnuru,

It is made clear that after expiry of the period of interim bail, petitioner No.2/A-2 shall surrender herself without fail before the concerned Superintendent, Central Prison by 5.00 P.M., on 15.8.2021, in default, the authorities concerned shall take steps for securing her presence."

Sd/- B. CHITTI JOSEPH, ASSISTANT REGISTRAR

4. ws

// TRUE COPY // if a SECTION OFFICER

1.The Hl Additional District & Sessions Judge, Guntur.

2.The Judicial Magistrate of First Class, Ponnuru, Guntur District.

3. The Inspector of Police, Ponnuru Town Police Station, Guntur District.

4.The Superintendent, Central Prison, Rajahmundry, East Godavari District,

2. Two CCs to Public Prosecutor, High Court of A.P.,(QUT)

6.One CC to Smt Marella Radha, Advocate(OPUC)

7.Two spare capies.

TKK

HIGH COURT