Boya Vijayasena, Kurnool Dt., vs The State Of Ap., Rep Pp.,
2021 Latest Caselaw 1892 AP

Citation : 2021 Latest Caselaw 1892 AP
Judgement Date : 14 May, 2021

Andhra Pradesh High Court - Amravati

Boya Vijayasena, Kurnool Dt., vs The State Of Ap., Rep Pp., on 14 May, 2021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE FOURTEENTH DAY OF MAY, TWO THOUSAND AND TWENTY ONE
:=PRESENT:
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HON'BLE SMT. LALITHA KANNEGANTI

IA NO: 2 OF 2021 vo
IN oo
CRLA No. 922 OF 2016

Between:

Boya Vijayasena S/o PeddaVeeraswamy, aged about 36 years, R/o Bastipadu Village, Kallur
Mandal, Kurnool District
..Appellant/ Accused No.2
AND
The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court at Amaravathi
...Respondent

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 release the
Appellant/Accused No.2 on Bail for a period of two days, as against mentioned in the office
memo dated 13-05-2021, in SC No. 293/2016 (Cr No. 64/2014) on the file of Assistant Sessions
Judge, Adoni, and also pending disposal of CrI.A. No.922 of 2016 against S.C.No. 184 of 2015
dated 01-09-2016 on the file of the Hon'ble Principal Sessions Judge, Kurnool, for offence U/s.
302 and 201 r/w 34 of IPC, in the interest of Justice.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and the order of the High Court dated 04.07.2018, 28.01.2020 and 07.05.2021
made herein and upon hearing the arguments of Sri Y.Ratna Prabha, Advocate for the
Appellant/Accused No.2 and of the Public Prosecutor, High Court of A.P. at Amaravati,
representing the State/Respondent, made the following:

ORDER:

"Having regard to the urgency expressed, I.A. 2 of 2021 in Crl. A. No. 922 of 2016 is taken up as House Motion through Bluejeans Video Conferencing APP.

Heard learned Counsel for the Petitioner and the learned Public Prosecutor for the

State.

The Petitioner herein who was convicted in Sessions Case No. 184 of 2015 by the Principal Sessions Judge, Kurnool, vide Judgment, dated 01.09.2016, for the offences punishable under Sections 302 and 201 read with 34 of Indian Penal Code ("IPC") was sentenced to suffer imprisonment for life for the offence punishable under Section 302 IPC. Challenging the said conviction, the Petitioner preferred Criminal Appeal No. 922 of 2016 before this court, which is pending consideration.

While things stood thus, the Petitioner moved I.A. No. 1 of 2021, seeking interim bail on the ground that his father expired and that his last rites are scheduled to be held on 08.05.2021. By an Order, dated 07.05.2021, this court passed the following order:

"Upon mentioning, the matter has been taken up out of list as lunch motion due to extreme urgency.

Learned counsel for the petitioner submits that the father of the petitioner has expired and his last rites are scheduled to be held on 08.05.2021.

This is not disputed by learned Public Prosecutor.

Although the allegations against the petitioner are grave and he has criminal antecedents, purely on humanitarian considerations, we permit the petitioner to attend the last rites of his father under police escort. For this purpose, petitioner shall be released on bail, on his furnishing a self bond for a sum of Rs.50,000/- [Rupees Fifty Thousand Only] with two sureties of like sum each to the satisfaction of Superintendent, Central Prison, Kadapa. While he is on bail, he shall remain under police surveillance and shall surrender before the Superintendent, Central Jail, Kadapa, by 10.00 AM on 09.05.2021, failing which,

bail shall stand automatically cancelled and he shall be arrested forthwith in - accordance with law."

It is now submitted that the Petitioner could not perform the last rites of his father as he was not released due to pendency of P.T warrant in Sessions Case No. 293 of 2016 on the file of Assistant Sessions Judge, Adoni, (Cr. No. 64/2014 of Adoni III Town Police Station). Since, the 9" day ceremony of his father is to be performed on 16.05.2021 at Bastipadu Village, Kallur Mandal, Kurnool District, he moved the present application seeking bail.

A perusal of the material on record would show that in S.C. No. 293 of 2016, the Chief Judicial Magistrate-cum-Principal Assistant Sessions Judge, Kurnool, FAC Assistant Sessions Judge, Adoni, directed the Superintendent, Central Prison, Kadapa, to permit the petitioner/accused to attend his father's 9" day ceremony on 16.05.2021 at Bastipadu Village, Kallur Mandal, Kurnool District, under sufficient police escort by strictly following the guidelines of Covid-19, from 8.00 AM to 5.00 PM on 16.05.2021. It was further observed that the accused shall be under surveillance of the police with good behaviour by duly following the Covid-19 guidelines.

The fact that the father of the petitioner died and that the Petitioner could not attend to his last rites on 08.05.2021 is not in dispute. Further, the fact that the 9" day ceremony of his father is to be performed on 16.05.2021 is also not in dispute, which is evident from the proceedings, dated 13.05.2021, issued by the Chief Judicial Magistrate- cum-Principal Assistant Sessions Judge, Kurnool, FAC Assistant Sessions Judge, Adoni.

That being so and having regard to the proceedings issued by the Chief Judicial Magistrate-cum-Principal Assistant Sessions Judge, Kurnool, FAC Assistant Sessions Judge, Adoni, in Sessions Case No. 293 of 2016, the Petitioner can be given the same relief in this case also, otherwise, he will not be in a position to attend the 9" day death ceremony of his father. Accordingly, the Petitioner be permitted to attend the 9" day ceremony of his father on 16.05.2021 at Bastipadu Village, Kallur Mandal, Kurnool District, under sufficient police escort by strictly following the guidelines of Covid-19 from 8.00 AM and 5.00 PM on the said date, but, however, on his furnishing a personal bond for a sum of Rs.20,000/- [Rupees Twenty Thousand Only] with one surety of like sum to the satisfaction of Superintendent, Central Prison, Kadapa. Further, thereafter, the Petitioner shall be brought back to the Central Jail, Kadapa, by the escort police in terms of the order."

ASSISTANT REGISTRAR

Mt: Vem Katikal akin

For ASSISTANT REGISFRAR ~~

/[TRUE COPY//

To,

1.The Principal Sessions Judge, Kurnool.

2.The Inspector of Police, Dhone Police Station, Kurnool District.

3.The Superintendent, Central Jail, Kadapa, YSR Kadapa District.

4.Two CCs to Public Prosecutor, High Court of A.P.,(OUT)

5.One CC to Smt Y. Ratna Prabha, Advocate (OPUC)

6.T wo spare copies.

MSR