Giddangi Ghouse A2 Kadapa Dt 4 ... vs The State Of Andhra Pradesh, Rep ...
2021 Latest Caselaw 3794 AP

                       HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: Crl.A.No.793 & 820 of 2016

                                                PROCEEDING SHEET

    Sl.
                                                                 ORDER

    No          DATE

19.         27.09.2021       CPK, J & BKM, J

I.A.Nos.2 & 3 of 2021 in Crl.A.No.793 of 2016 And IA.No.1 of 2021 in Crl.A.No.820 of 2016

Sri Vijaya Saradhi, learned counsel appearing for the 2nd petitioner/Accused No.3 in IA.No.2 of 2021 submits that absolutely there is no legal evidence available on record to connect Accused No.3 to the crime. According to him, there are no eye-witnesses to the incident and the three circumstances relied upon by the prosecution, namely, motive, extra-judicial confession and recoveries made pursuant to the arrest are not proved by any legal evidence. Hence, he seeks bail.

Sri P. Veera Reddy, learned senior counsel, Ms Radha Rani, and Ms. Priyanvita Popuri, learned counsel appearing for the other petitioners, would submit that their case squarely falls within the parameters laid down in Batchu Rangarao & others v. State of A.P.1 and since the petitioners have completed more than five years they are entitled to be released on bail.

Sri K. Srinivas Reddy, learned Public Prosecutor opposed the same contending that since one of the accused has been convicted under Section 379 IPC the ratio laid down in Batchu Ranga Rao's case would not apply to the case on hand.

At this stage, learned counsel for the petitioners seeks time to verify the judgment.

List on 04.10.2021.

___________ CPK, J

___________ BKM, J Vjl

2016 (3) ALT (Crl.) 505 (DB) (A.P).