Gunturu Sambasiva Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 878 AP

Citation : 2022 Latest Caselaw 878 AP
Judgement Date : 17 February, 2022

Andhra Pradesh High Court - Amravati

Gunturu Sambasiva Rao vs The State Of Andhra Pradesh on 17 February, 2022

Bench: Cheekati Manavendranath Roy

»

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI |
THURSDAY, THE SEVENTEENTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY TWO

: PRESENT :

yO
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY __~ a
|.A.No. 2 of 2022
IN fo
CRIMINAL R.C. No. 144 of 2022 fo
Between :-

Gunturu Sambasiva Rao, S/o. Seetharamaiah. ~~

.... Petitioner /Appellant/Accused
(Revision Petitioner in Cri.R.C.No.144/2022
on the file of the High Court)
AND .
1.The State of Andhra Pradesh, Rep. by its Public Prosecutor,
High Court of A. P. at Amaravati.  _--
2.Mulpuri Naga Malleswara Rao, S/o. Narasimha Rao, R/o. Rayapudi Village,
Thulluru Mandal, Guntur District.
..Respondents

(Respondents in-do-)

Petition under Section 397(1) of Cr.P.C. praying that in the circumstances stated in the grounds filed in the Crl.R.C., the High Court may be pleased to suspend the sentence of imprisonment imposed in the judgment dated 15.02.2022 passed in Crl.A.No. 34 of 2020 by the V Additional District & Sessions Judge-cum-Special Judge for Trial of Offences Against Women, Guntur, and confirming the judgment dated 7.01.2020 passed in C.C.No.527/2015 by the Additional Junior Civil Judge, Mangalagiri, Guntur District and enlarge the petitioner on bail, pending disposal of Crl.R.C.No. 144 of 2022 on the file of High Court.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in Crl.RC., and upon hearing the arguments. of Smt Marella Radha, Advocate for the Petitioner, and of Pyblic Prosecutor for Respondent No.1-State, the Court made the following ORDER:-

"Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State.

This petition is filed seeking suspension of the execution of sentence imposed against the petitioner and for grant of bail to the petitioner.

The petitioner is sole accused in C.C.No.527 of 2015 on the file of the Additional Junior Civil Judge, Mangalagiri, Guntur District. He was tried for the offence punishable under Section 326 of IPC. He was convicted for the offence under Section 324 of IPC and was sentenced to undergo rigorous imprisonment for a period of six months. Appeal preferred against the said judgment of conviction in Cri. Appeal No.34 of 2020 on the file of the V Additional District and Sessions Judge cum Special Judge for Trial of Offences against Women, Guntur, was dismissed confirming the judgment of conviction and sentence imposed against him by the trial Court. However, he was convicted for the offence under Section 323 of IPC instead of Section 324 of IPC. The sentence of six months imprisonment is maintained.

Aggrieved thereby, the present criminal revision case is preferred by the petitioner assailing the legality and validity of the impugned judgment.

Contd..2...

. The petitioner was on bail throughout the trial in the trial Court and in the appellate Court during the pendency of the appeal.

Therefore in the said facts and circumstances of the case, the petition is allowed and there shall be interim suspension of execution of substantive sentence of imprisonment imposed against the petitioner /sole accused in C.C.No.527 of 2015 on the file of the Additional Junior Civil Judge, Mangalagiri, which was confirmed by modifying the Section of law in Crl. Appeal No.34 of 2020 on the file of the V Additional District and Sessions Judge cum Special Judge for Trial of Offences against Women, Guntur, till the disposal of this revision. The petitioner/sole accused shall be released on bail on execution of a self bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the Additional Junior Civil Judge, Mangalagiri."

Sd/- U. SRIDEVI, ASSISTANT REGISYRAR

// TRUE COPY // / .

for ASSIST. GISTRAR To

1.The V Additional District & Sessions Judge-cum-Special Judge for Trial of Offences Against Women, Guntur.

2.The Additional Junior Civil Judge, Mangalagiri, Guntur District.

3.Mulpuri Naga Malleswara Rao, S/o. Narasimha Rao, R/o. Rayapudi Village, Thulluru Mandal, Guntur District.

4.The Station House Officer, Thulluru Police Station, Guntur District.

5.The Superintendent, Sub-Jail, Guntur.

6.Two CCs to the Public Prosecutor, High Court of A.P.,(QUT)

7.One CC to Smt Marella Radha, Advocate(OPUC)

8.One Spare copy.

TKK