Citation : 2021 Latest Caselaw 1916 AP
Judgement Date : 20 May, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE TWENTIETH DAY OF MAY, TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE SRI JUSTICE K.SURESH REDDY
THE HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI
IA No. 2 OF 2021
IN
CRLA NO: 983 OF 2014
Between: Peesigay UF
Vanarna Subrahmanyam, S/o. Seshaiah, R/o. Marripadu Village, Sangam Mandal, SPS
Nellore District
.-- Appellant No. 9/ Accused No. 9
AND
The State of A.P., rep. by its Public Prosecutor, High Court of Judicature at Hyderabad
...Respondent / complainant
Petition under Section 389 (1) 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 direct release the 9th
Appellant Vanarna Subramanyam, S/o. Seshaiah, aged about 65 years, R/o. Marripadu Village,
Sangam Mandal, SPSR Nellore District, now confined in Central Prison, Nellore on Bail for a
period of 10 days i.e., from 21.05.2021 to 31.05.2021 to perform obsequies (Pedda Karma) of the
appellant's wife.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and the earlier orders of the High Court made herein and upon hearing the
arguments of Sri T. Nagarjuna Reddy, Advocate for the Appellant and of The Additional Public
Prosecutor, High Court of A.P. at Amaravati for the Respondent/State, the Court made the
following:
ae eThis petition is filed under Sections 389(1) of the Code of Criminal Procedure, 1973
seeking release of the petitioner / Appellant No.9 on bail for a period of 10 (ten) days i.e.,
from 21.05.2021 to 31.5.2021 to perform obsequies of his wife, who died on 13.5.2021.
Heard learned counsel for the petitioner as well as the learned Additional Public
Prosecutor.
The petitioner along with other eight accused were tried by the learned IV
Additional District & Sessions Judge, Nellore for the offences under Sections 147, 148, 341,
324, 326, 302 r/w 149 IPC and after elaborate trial, the learned Judge convicted them by its"
Judgment dated 19.9.2014 and sentenced to undergo imprisonment for life for the offence
under section 302 r/w 149 of IPC, apart from other offences. Immediately, the petitioner
was taken into custody. Presently, the petitioner is in Central Prison, Nellore, undergoing
imprisonment.
While so, on 13.5.2021 the wife of the petitioner died. On information, Jail
authorities released the petitioner for a period of two days i.e., from 13.5.2021 to 15.5.2021
to attend funerals of his wife. After completion of funerals, the petitioner surrendered
himself before the jail authorities on 15.5.2021.
Now, learned counsel for the petitioner submits that the obsequies of the wife of the
petitioner are going to be held from 23.5.2021 to 29.5.2021 at Marripadu village of Sangam
Mandal, Nellore District.
On the other hand, learned Additional Public Prosecutor did not dispute the above
said facts.
In that view of the matter, this Court is inclined to release the petitioner on bail for
a period of ten (10) days for performing the last Rites of his wife. Accordingly, the
petitioner is ordered to be released on bail on his executing a personal bond for Rs.20,000/-
(Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of
the Superintendent, Central Prison, Nellore. The petitioner is directed to surrender before
the Superintendent, Central Prison, Nellore, by 5.00 pm., on 31.5.2021."
Sd/-K.TataRao i
/TRUE COPY//
ASSISTANS BESISTRAR
rc
For SECTION OFFICER
To,
1. IV Additional District & Sessions Judge, Nellore.
2. TheAdditional Judicial First Class, magistrate, Kovvur, SPSR Nellore District, A.P.
3. e Superintendent, Central Prison, Nellore, A.P.
: e CC to SRI. TNAGARJUNA REDDY Advocate [OPUC]
5. CC to SRI. PUBLIC PROSECUTOR (AP) Advocate [OPUC]
6. One spare copy
MSR
HIGH COURT
KSR,J
LK,J
DATED: 20/05/2021
ORDER
IA NO. 2 OF 2021 IN CRLA.NO.983 OF 2014
DIRECTION
20) MAY 2024
Pon,
Bd
ay
"
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