Sri Kondepogu Prbhudeva ... vs The State, Rep Pp Anr, ...
2022 Latest Caselaw 5789 AP

      HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

             MAIN CASE No.: Crl.A.No.796 of 2016

                            PROCEEDING SHEET

Sl.
                                         ORDER

No      DATE
4.    29.8.2022   MGR, J & TMR, J

                                    I.A.No.1 of 2022

This application is filed by the petitioner, who is the sole accused in Sessions Case No.87 of 2014 on the file of the learned VII Additional Sessions Judge, Prakasam District, Ongole, seeking bail.

By judgment dated 12.02.2016, in S.C.No.87 of 2014, which is impugned in the appeal, the learned I Additional Sessions Judge, Prakasam District, Ongole, (FAC) VII Additional Sessions Judge, Prakasam District, Ongole, convicted and sentenced the petitioner/accused to suffer rigorous imprisonment for life and also to pay a fine of Rs.100/-, in default, to suffer simple imprisonment for a period of one month for the offence punishable under Section 302 I.P.C. Challenging the same, the petitioner/accused filed the present Criminal Appeal.

Pending appeal, this application came to be filed seeking bail mainly on the ground that the earlier bail application filed by the petitioner was dismissed; that the petitioner has completed more than 5 years of actual sentence after conviction by the trial Court i.e., more than 7 years and 6 months and in view of the

judgment in Batchu Rangarao & others v. State of A.P.1, he would be entitled for bail and that the petitioner has to look after his minor daughter.

Learned Additional Public Prosecutor, on instructions, submits that the evidence on record shows that the petitioner killed his wife with a knife brutally and that if the petitioner has love and affection towards his minor daughter, he would have saved the life of his wife to look after their child.

Considering the submissions of the learned counsel for the petitioner and the learned Additional Public Prosecutor, we are of the view that custody of the minor daughter cannot be given to the petitioner, who killed his wife brutally without any reason by causing three grievous injuries on her neck with a knife. The State is looking after the welfare of the child. 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 Note:-

Furnish C.C. tomorrow.

B/O AMD

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