Mr. Nanjappagari Bhagavanthu, ... vs The State Of Ap., Rep Pp.,
2022 Latest Caselaw 5776 AP

      HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

             MAIN CASE No.: Crl.A.No.137 of 2017

                            PROCEEDING SHEET

Sl.
                                             ORDER

No      DATE
6.    29.8.2022   MGR, J & TMR, J

                                      I.A.No.1 of 2021

This application is filed by the petitioner, who is accused No.1 in Sessions Case No.188 of 2016 on the file of the learned Additional Sessions Judge, Hindupur, seeking bail.

Vide judgment, dated 19.9.2016, the learned Sessions Judge convicted the petitioner/A-1 for the offences punishable under Sections 302, 203 and 201 I.P.C. and accordingly, convicted him to undergo rigorous imprisonment for life and also to pay a fine of Rs.10,000/-, in default of payment of fine, to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 302 I.P.C.; to undergo simple imprisonment for a period of two years and to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo simple imprisonment for a period of three months for the offence punishable under Section 203 I.P.C; and to undergo simple imprisonment for a period of three years and to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo simple imprisonment for a period of six months for the offence punishable under Section 201 I.P.C.

The main ground urged by Sri S.Madhava Rao, learned Legal Aid Counsel appearing for the petitioner/A-1, is that the petitioner has completed more than 5 years of actual sentence after conviction by the trial Court and in view of the judgment in Batchu Rangarao & others v. State of A.P.1, he would be entitled for bail; that the conviction was based on confessional statements of A-2 and A-3, who were acquitted; that the corroborative evidence to convict the petitioner is unsustainable.

Learned Additional Public Prosecutor, on instructions, submits that the petitioner is convicted for life as he killed an Australian woman at Puttaparthy Town, which is a spiritual center of Sri Satya Sai Baba. The murder was committed for gain and as the case of the petitioner falls within the exceptions to Batchu Rangarao's case (cited supra), we are not inclined to grant bail to the petitioner.

Accordingly, this application is dismissed.

_________ MGR, J

_________ TMR, J AMD

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