Andhra Pradesh High Court - Amravati
Kalikiri Subramanyam, vs The State Of Andhra Pradesh, on 29 June, 2021
--
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! °
TUESDAY, THE TWENTY NINTH DAY OF JUNE,
TWO THOUSAND AND TWENTY ONE
'PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI ~.
a
IA No. 2 OF 2020
IN -
CRLA NO: 127 OF 2020 ~
Between:
Kalikiri Subramanyam, Sjolate K. Venkata Swamy, Rio D. No, 6-13-17A, Am
Colony, M.C.R. Colony, Tirupati, Native of Guttakindhapalli Village, Penumuru Maridal;."
Chittoor District working as Inspector R & B Department,. Tirupati, Harija (mala) by
caste.
_.Petitioner/Appellant No.1
(Appellant in CRLA 127 OF 2020
on the file of High Court)
AND
The State of Andhra Pradesh,, rep.by its Public Prosecutor, High Court of Andhra
Pradesh at Amaravathi, through Sub Inspector of Police, Alipiri Police Station,
Tirupati.
_.Respondent/Respondent
(Respondents in-do-)
fi
Petition under Section 389(1) of Cr.PC, praying that in the circumstances stated
in the memo of grounds filed in CriA., the High Court may be pleased to enlarge the
patitioners on bail by suspending the conviction and sentence imposed by the Court of
the Principal Sessions Judge, Chittoor, Chittoor District in the judgment dated
03-01-2020 passed in C.C. No. 1 of 2017, pending disposal of CRLA No. 127 of 2020,
on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and memo of
grounds filed in CrLA., and Order of High Court dated 28-01-2020 made in IA. No. 1 of
2020 and upon hearing the arguments of Sri P Durga Prasad, Advocate for the
Appellant, and of Public Prosecutor for Respondent, the Court made the following
ORDER:
The petitioner/Al along with A2 had earlier filed 1A.No.1 of 2020
with the same relief and this Court, vide order dated 28.01.2020 has
granted bail to A2 observing that petitioner No.2/A2 is a lady aged about
35 years and there is no reason to further detain her in the custody
during pendency of the appeal but as far as the petitioner/Al is
concerned, this Court has observed that his prayer for bail can be
considered after receipt of the lower Court record.
Now the present application is filed seeking bail to the
petitioner/Al and for suspension of sentence against him, stating that
the petitioner is in jail for more than one and half year, as such he may be
enlarged on bail duly suspending the conviction and sentence imposed by
this Court.
Heard Sri P.Durga Prasad, learned counsel for the petitioner and
learned Assistant Public Prosecutor for the respondent-state.
Learned counsel for the petitioner submits that as per the orders of
this Court, lower Court record is received and as the petitioner is
languishing in jail since 03.01.2020 Le. for more than one and half year
he may be released on bail by duly suspending the sentence of
imprisonment imposed by the Court below. He submits that the
petitioner/Al had already paid fine amount before the Court below.
Learned Assistant Public Prosecutor opposed the petition.
Taking into consideration the fact that the petitioner is languishing
in jail for more than one and half year, the sentence of imprisonment
imposed against the petitioner/ accused No.1 in the judgment, dated
03.01.2020 passed in C.C.No.1 of 2017 on the file of learned Principal
Sessions Judge, Chittoor, alone is suspended pending this criminal
appeal. The petitioner/ accused No.1 shall be enlarged on bail on
execution of self bond for Rs.50,000/- (Rupees Fifty Thousand Only) with
two sureties for a likesum each to the satisfaction of learned Principal
Sessions Judge, Chittoor, Chittoor District.
~ a
Sdi-¥. gatyanarayana
ASSISTANT REGISTRAR
po
E SECTION OEFICER
TRUE COPY!
To,
ake
The Principal Sessions Judge, Chittoor, Chittoor District
The Superintendent, Central Prison, Kadapa, YSR Kadapa District
The Station House Officer, Alipiri Police Station, Tirupati, Chittoor District
(OUT)
4 Two CCs to the Public Prosecutor, High Court of A.P., at Amaravati (OUT)
5. The Section Officer, V.R. Record Section, High Court of A.P., at Amaravati
(OUT)
One CC to Sri. P Durga Prasad Advocate lOPUC]
One spare copy
on
Mo
Skm
HIGH COURT
LK,J
DATED: 29-06-2021
ORDER
IA. No. 2 of 2020
IN
CRLA.No.127 of 2020
DIRECTION
