Andhra Pradesh High Court - Amravati
Barla Krishna vs State Of Andhra Pradesh on 21 December, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.1562 of 2017
PROCEEDING SHEET
Sl.No
ORDER
DATE
9. 21.12.2022 CPK, J & BSS, J
I.A.No.1 of 2022
The petitioner, who is accused No.1,
filed the present application under Section
389(1) Cr.P.C., seeking bail, pending
disposal of the Criminal Appeal.
The petitioner/A-1 was tried in Sessions
Case No.203 of 2012 on the file of the
learned I Additional District and Sessions
Judge, West Godavari at Eluru for the
offences punishable under Sections 120-B,
147, 148 and 302 I.P.C.
Vide judgment, dated 30.10.2017, the
learned Sessions Judge convicted the
petitioner/A-1 for the offences punishable
under Sections 120-B, 147, 148 and 302
I.P.C. and accordingly, sentenced him to
undergo simple imprisonment for a period of
six months for the offence punishable under
Section 120-B I.P.C., to undergo simple
imprisonment for a period of two years for
the offence punishable under Section 147
I.P.C., to undergo simple imprisonment for a
period of three years for the offence
punishable under Section 148 I.P.C., and to
undergo rigorous imprisonment for life and
to pay a fine of Rs.1,000/-, in default of
payment of fine, to undergo imprisonment
for three months for the offence punishable
under Section 302 I.P.C.
The only ground on which the present
application seeking bail came to be filed is
that the petitioner has completed 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.
The fact that the petitioner has
completed 5 years of actual sentence after
his conviction is not in dispute. The Division
Bench of this court in Batchu Rangarao &
others supra, held as under:
"On considering their valuable
suggestions and after a thorough
evaluation of the relevant factors, we
are inclined to indicate broad criteria
on which the applications for grant of
bail pending the Criminal Appeals
filed against the conviction for the
offences, including the one under
Section-302 IPC, and sentencing of
the appellants to life among other
allied sentences, are to be considered.
Accordingly, we evolve the following
criteria:
(1) A person who is convicted for life
and whose appeal is pending before
this Court is entitled to apply for bail
after he has undergone a minimum of
five years imprisonment following his
conviction;
(2) Grant of bail in favour of persons
falling in (1) supra shall be subject to
his good conduct in the jail, as
reported by the respective Jail
2016 (3) ALT (Crl.) 505 (DB) (A.P).
Superintendents;
(3) In the following categories of
cases, the convicts will not be entitled
to be released on bail, despite their
satisfying the criteria in (1) and (2)
supra:
The offences relating to rape coupled
with murder of minor children,
dacoity, murder for gain, kidnapping
for ransom, killing of the public
servants, the offences falling under
the National Security Act and the
offences pertaining to narcotic drugs.
(4) While granting bail, the two
following conditions apart from usual
conditions have to be imposed, viz., (1)
the appellants on bail must be
present before the Court at the time of
hearing of the Criminal Appeals; and
(2) they must report in the respective
Police Stations once in a month
during the bail period.
This broad criteria cannot be
understood as invariable principles
and the Bench hearing the bail
applications may exercise its
discretion either for granting or
rejecting the bail based on the facts
of each case. Needless to observe that
grant of bail based on these
principles shall, however, be subject
to the provisions of Section-389 of the
Code of Criminal Procedure.
Learned Public Prosecutor states that
the case of the petitioner does not fall within
any of the exceptions laid down in the said
judgment; that there will not be any
difficulty in securing his presence in case of
conviction and that the conduct of the
petitioner in the jail is satisfactory.
It is not a case where the petitioner is
alleged to have committed offence relating to
rape coupled with murder of minor children,
dacoity, murder for gain, kidnapping for
ransom etc.
Since the case of the petitioner falls
within the parameters laid down in Batchu
Rangarao & others case and as the
judgment of the Division Bench attained
finality, the petitioner shall be released on
bail on certain terms and conditions.
Accordingly, the Interlocutory
Application is allowed and the petitioner/A-1
shall be enlarged on bail on his executing a
personal bond for a sum of Rs.25,000/-
(Rupees Twenty Five thousand only) with
two local sureties for a like sum each to the
satisfaction of the learned II Additional
Judicial Magistrate of First Class, Eluru.
However, the petitioner/A-1 shall report
before the concerned Police Station once in a
month i.e., between 10:00 A.M. and
5:00 P.M. till disposal of the appeal and he
shall be present before the Court at the time
of hearing of this appeal.
It is needless to mention that if the
petitioner failed to appear before the Court
at the time of hearing the appeal or violated
the conditions imposed supra, liberty is
given to the learned Public Prosecutor to
take steps accordingly.
___________
CPK, J
___________
BSS, J
AMD/ASR
