Andhra Pradesh High Court - Amravati
Gattupalli Harsha Vardhan, vs The State Of Andhra Pradesh, on 3 March, 2021
Bench: Lalitha Kanneganti
[ 3240 ]
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY, THE THIRD DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
IA No. 1 OF 2020
IN
CRLRC NO: 390 OF 2020 --
Between: Sy
Gattupalli Harsha Vardhan, S/o G. Venkateswarulu, O/o Congnignet Technologies Fiz
TechCity-2, Madhapur, Hyderabad, R/o Plot No.401, Shiridi Sai Events, Madhavaram |
Colony, Vivekananda Nagar, Kukatpalli, Hyderabad
_..Petitioner/Appellant/Accused
(Petitioner in CRLRC 390 OF 2020
on the file of High Court)
AND
4. The State of Andhra Pradesh, Rep, by Public Prosecutor, High Court, Amaravati.
2. Smt. Avija Nagamma, W/o Aviji Chandraiah, Hindu, Female, aged about 63
years, R/o H.No.64-170,S.Nagappa Street, Kurnool Town and District
. _..Respondent/Respondent/Complainant
(Respondents in-do-)
Petition under Section 397 (1) of Cr.P.C praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to suspend
the punishment both the conviction and sentence imposed in C.C.NO.1151 of 2013 dt.
29-12-2016 by the Judicial Magistrate of First Class, Kurnool as well as confirmed
sentence passed in Cri. Appeal No.17 of 2017, dated 29-09-2020 on the file of the
Special Sessions Judge for Trial of Cases under SCs & STs (POA) Act-cum-V
Additional District and Sessions Judge, Kurnool, pending disposal of CRLRC No.390 of
2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of SRI MURALI LINCOLN
Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent No.1,
the Court made the following
ORDER:
"Heard the learned counsel for the petitioner.
The sentence of imprisonment imposed against the petitioner/accused in
C.C.No.1151 of 2013, dated 29.12.2016 by the Judicial Magistrate of First Class,
Kurnool, as confirmed by the Special Sessions Judge for trial of Cases under sc
& ST (POA) Act-cum-VI Additional District and Sessions Judge, Kurnool, in
Cri.A.No.17 of 2017 by the judgment dated 29.09.2020 alone is suspended
pending Criminal Revision Case, on condition of the petitioner surrendering
before the Judicial Magistrate of First Class, Kurnool, and on such surrender, the
petitioner shall be released on bail on executing personal bond for Rs.20,000/-
(Rupees twenty thousand only) with two sureties for a like sum each to the
satisfaction of the Judicial Magistrate of First Class, Kurnool, Kurnool District.
It is represented that the petitioner is suffering with Kidney problem and is
continuously undergoing dialysis and that he is not able to pay Rs.2,00,000/-.
in view of the same, the petitioner is directed to deposit an amount of
Rs.1,50,000/- (Rupees one lakh and fifty thousand only) before the trial Court
within a period of six weeks from the date of the order."
Sd/-E.Kameswara
ASSISTANT REGISTRA
IITRUE COPY// REGISTRAR
For SECTION OFFICER
To,
--_
_ The Judicial Magistrate of First Class, Kurnool
2. The Special Sessions Judge for Trial of Cases under SCs & STs (POA) Act-cum-
oon
VI Additional District and Sessions Judge, Kurnool
Smt. Avija Nagamma, Wio Aviji Chandraiah, Hindu, Female, aged about 63
years, R/o H.No.64-170,S.Nagappa Street, Kurnool Town and District (By RPAD)
One CC to SRI. MURALI LINCOLN Advocate [OPUC]
Two CCs to PUBLIC PROSECUTOR, High Court of AP [OUT]
One spare copy
am
HIGH COURT
LKJ
DATED:03/03/2021
ORDER
1A.NO.1 OF 2020
IN
CRLRC.No.390 of 2020
BAIL
