Andhra Pradesh High Court - Amravati
Nukavarapu Venkata Rayadu, vs The State Of Andhra Pradesh on 29 June, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA
TUESDAY, THE TWENTY NINETH DAY OF JUNE
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTE, =
[A No. 1 OF 2021
IN
CRLA NO: 521 OF 2020
Between:
1. Nukavarapu Venkata Rayadu, S/o Kotaiah, aged about 58 years, R/o Unguturu
Village, Amaravathi Mandal, Guntur District.
2 Nukavarapu Vara Prasad, S/o Venkatarayudu, aged about 44 years, R/o
Unguturu Village, Amaravathi Mandal, Guntur District.
. Appellants/Accused No.1 & 2
AND
The State of Andhra Pradesh, rep through Inspector of Police, Amaravathi Circle,
rep by its Public Prosecutor, High Court at Amaravathi.
..Respondent(Complainant
Counsel for the Petitioners: SRi PRABHU NATH VASIREDDY
Counsel for the Respondent :PUBLIC PROSECUTOR
Petition under Section 389(1) of Cr.P.C praying that in the circumstances stated
_in the memorandum of grounds filed in Criminal Appeal, the High Court may be pleased
to suspend the operation of judgment dated 09.11.2020 passed in SC No.109 of 2017
on the file of ll Additional Sessions Judge, Guntur, pending disposal of CRLA No.521 of
2020, on the file of the High Court.
The court while directing issue of notice to the Respondent herein to show cause
as to why this application should not be complied with, made the following order.(The
receipt of this order will be deemed to be the receipt of notice in the case). The Court
made the following;
ORDER:
"This application is filed seeking suspension of operation of judgment
dated 01.11.2020 passed in S.C.No.109 of 2017 by the learned Hl Additional
Sessions Judge, Guntur, pending disposal of the criminal appeal.
Earlier the petitioners have filed |.A.No.1 of 2020 for bail and suspension of
the sentence imposed against them in the above judgment. But the same was
dismissed by order dated 26.11.2020.
Heard Sri Prabhunath Vasireddy, learned counsel for the petitioners and
learned Assistant Public Prosecutor for the respondent-state.
Learned counsel for the petitioners submits that in the judgment dated
01.11.2020, the Court below has observed that the accused used a stick and the
injury was inflicted on the right hand of the deceased and definitely the place of
injury is not a vital organ of the body.
Learned counsel for the petitioners submits that as per inquest report and
death intimation given by the Assistant Professor, Department of General
Medicine, G.G.H. the cause of death is due to cardio palama arrest. He further
submits that in Exs.P4 and P6 with regard to the nature of injury it is mentioned
as due to assault by known person and the injury sustained by the deceased is
simple in nature. It is submitted that as per medical report the death of the
pect ee ee
deceased is caused due to other helath disorder and the prosecution has failed to
prove the guilt of the accused beyond reasonable doubt. The petitioners are
languishing in jail since 09.11.2020. Hence, requests to enlarge the petitioners on
bail. |
Learned Assistant Public Prosecutor submits that the prosecution could
prove the guilt of the accused beyond reasonable doubt and in view of the
seriousness of allegations, they are not entitled for the relief as prayed by them.
Taking into consideration the above submissions, the sentence of
imprisonment imposed against the petitioners/A1 and A2 in the judgment, dated
08.11.2020 passed in S.C.No.109 of 2017 on the file of learned Hl Additional
Sessions Judge, Guntur, alone is suspended pending the criminal appeal. The
petitioners/A1 and A2 shall be enlarged on bail on execution of self bond for
Rs.20,000/- (Rupees Twenty Thousand Only) each
with two sureties for a likesum each to the satisfaction of learned f] Additional
Judicial Magistrate of First Class, Sattenapalli."
Sd/- G.HELA NAIDU
: ASSISATNT REGISTRAR
TRUE COPY/ % a
For, SECTION OFFICER
To, pe
The Ill Additional Sessions Judge, Guntur, Guntur District.
The ll Addl. Judicial Magistrate of First Class, Sattenapalli, Guntur District. ~
The Superintendent, Central Jail, Rajahmundry, East Godavari District. --
One CC to Sri. Prabhu Nath Vasireddy, Advocate [OPUC] ~
Two CCs to Public Prosecutor, High Court of AP [OUT] ~
One spare copy.
Ons wny a
