Andhra Pradesh High Court - Amravati
Potnuru Girish Kumar vs State Of Andhra Pradesh, on 9 June, 2022
N\
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE NINTH DAY OF JUNE, TWO THOUSAND AND TWENTY TWO
: PRESENT : :
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
LANa. T of 2022
iN
CRIMINAL APPEAL. No. 203 af 2022
Betweens-
Fotnuru Girish Kumar, 5/0. Gurunadha Rao. Sy OS
.. Petitioner/ Accused Noe
(Appellant in Cri aA.Ne. 203/28
on the file of the High Court)
AND .
The State of Andhra Pradesh, Rep. by its Public Prasecutor,
High Court of Judicature of Andhra Pradesh,
respandent
(Respondent in-da-}
Petition under Section 3801) of CrP.C., praying that in the
circumstances stated in the grounds filed in the Criminal Appeal and affidavit
fled in support of the present application, the High Court may be eased to
enlarge the appellant/accused on bail by duly suspending the calendar and
judgment dated 04.04.2022 passed in S.C.No. 40 of 20717 on the file of the
special Sessions Judge for Trial of Cases under SC & ST (POA) Act-curn-X}
Additional District Judge, Visakhapatnam, pending disnosal of CrLA.No, 208 of
£022 on the file of High Court.
The Petition coming on for hearing, upon perusing the petition and the
grounds Pied in the Criminal Appeal and upon hearing the arguments of
syi Mangena Sree Rama Rao, Advocate for the Petitioner and of the Public
Prasecutor on behalf of respandent/State, the Court made the following
ORDER :-
"The petitioner is Accused Ned in S.C.No.40 of 2017 on the Ale of the
special Sessions Jucge for Tal of Cases under SC & ST (POA) Act cum XI
Additional District Judge, Visakhapatnam. He was tried for the offences
punishable under Sections 417 and 376 of IPC besides Section S(T} ¥) and
3{1} (s} of the Scheduled Castes and the Scheduled Tribes (Pod) Amendment
Act, 2015. After trial, he was found not guilty for the offences punishable
under Section 3(1) (v) and 3¢1) (s} of the Scheduled Castes and the
scheduled Tribes (PoA} Amendment Act, 2015. However, he was found gully
for the offences punishable uncer Sections 376 & 417 IPC. For the offence
under Section 376 IPC, he was sentenced to undergo Rigorous lnprisanment
for 10 years and also sentenced him to pay a fine of Rs.1,00u/- fRupees one
thousand only), in default to suffer Simple Imprisonment for hwo months and
for the offence under Section 417 IPC he was sentenced to suffer Rigorous
lriprisanment for six manths. oe
Aggreved thereby, the present appeal is preferred by the
petitioner/apoeiant,
The petitioner has paid the fine arnount in the trial Court. During the
trial, he languished In Central Prison, Visakhanatnam.
Contd. 2.
'
h
a Therefore, in the facts and circumstances of the case, only the
~ 'executl fon of substantive sentence of | morisonmrent imposed against the
petitioner In the above S.C.No.40 of 201% ao the fle of the Special Sessions
Judge for Trial of Cases under S SC & ST ¢ ros Act cum XI Additional District
Judge, Visakhapatnam, is hereby ordered to be suspended, 0) disposal af the
Criminal Appeal, |
Further, the petitioner shell be released on ball on his executing
a personal bond for an amount of Rs.10,000/- (Rupees ten thousand only)
with fwo sureiies for @ fke sum each & the satisfaction of the Spe
Sessions Judge for Trial of Cases under SC & ST (Pod) Act cum XI Additional
Cistrict Judge, Visakhapatnam."
if TRUE COPY
Sect ion OFF SER.
Tne EE A ae ORI Ta OTR
Fo
1. The Special Sessions Judge for Triel of Cases under SC & ST (POA) Act-cum-Xi
Additional District Judges, Vis
' -H, Visakhapatnam City.
3. The Station House Officer, apuram Palice Station,
Visakhapatnam District.
4. The Superintendent, Central Prison, }
5. Pwo {Cs ta Public Prosecutor . Bish
) Court 6 of AB " (OUT)
5 One C to Mangena Sree Rarrna Rao, Advocate(OPUC)
* One spare capy.
vd
KK
%
HIGH COURT
NY.J
DATED: 09-06-2022
SAN. ORDER
iANe. tof 2032
iN
CRL.A.No, 203 of 2022
RELEASE THE PETITONER
ON BAIL,
of,
