Heard Mr. V. Nitesh vs Nitesh
2022 Latest Caselaw 1818 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

CRIMINAL APPEAL No.2310 OF 2018

PROCEEDING SHEET

Sl. OFFICE DATE ORDER No. NOTE

04. 18.04.2022 AHSANUDDIN AMANULLAH, J and G. RAMAKRISHNA PRASAD, J

(Per Hon'ble Mr. Justice Ahsanuddin Amanullah) I.A. No.1 OF 2022

Heard Mr. V. Nitesh, learned counsel for the applicant/appellant (Accused no.2) and Mr. S. Dushyanth Reddy, learned Assistant Public Prosecutor, for the State.

2. The Interlocutory Application has been filed seeking interim bail to the applicant/appellant (A2), who is a convict undergoing sentence of life imprisonment for the offence under Section 302 R/w. 34 of IPC in terms of the judgment dated 27.07.2018, passed in Sessions Case No.152 of 2016 by the learned Judge, Family Court-cum-Additional Sessions Judge, Anantapuramu.

3. Learned counsel for the applicant submits that his brother is getting married on 22.04.2022 and he being the eldest male member in the family and his father, though being alive, not mentally sound, he has to perform the duties.

4. Learned Assistant Public Prosecutor submits that, as per his instructions, there may be law and order problem in the village if the applicant is released.

5. On a query of the Court as to the

reason why such apprehension has been expressed as the present is not a case of any gang rivalry or any allegation of the applicant being a rowdy sheeter or carrying criminal antecedents so as to be a threat to public peace, learned Assistant Public Prosecutor did not dispute that he is not a rowdy sheeter nor has any other criminal antecedent.

6. Having regard to the fact that the brother of the applicant is getting married, purely on humanitarian grounds, the Court is inclined to allow him to come out of prison to take part in the rituals for a period of three days, including the date of marriage.

7. Accordingly, let the applicant/appellant (A2) be released on bail on his executing a personal bond for a sum of Rs.25,000/- with two sureties for the like amount each to the satisfaction of the Jail Superintendent, Central Prison, Kadapa in the forenoon of 21.04.2022. Thereafter, he shall surrender before the Jail Superintendent, Central Prison, Kadapa latest by 04:00 p.m. on 23.04.2022.

8. Interlocutory Application No.1 of 2022 stands disposed of, accordingly.

________________________________ (AHSANUDDIN AMANULLAH, J)

________________________________ (G. RAMAKRISHNA PRASAD, J) Dsh