Hajijana Matam Guruswamy vs The State Of A.P.,
2022 Latest Caselaw 7583 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                          MAIN CASE No.: Crl.A.No.217 of 2016

                                          PROCEEDING SHEET

 Sl.
                                                     ORDER

No           DATE
03.       10.10.2022       MGR, J & TMR, J

                                                 I.A.No.1 of 2021

This application has been filed under Section 389(1) of Cr.P.C to release the petitioner/ appellant/accused on bail by suspending the sentence passed in Sessions Case No.474 of 2014 on the file of the III Additional Sessions Judge (FTC), Anantapuramu, vide judgment, dated 02.12.2015 whereby the petitioner/Accused was convicted for the offence punishable under Section 302 I.P.C. and sentenced to undergo life imprisonment for the offence under Section 302 IPC and pay a fine of Rs.10,000/-.

The main ground urged by learned counsel appearing for the petitioner 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.

Learned counsel for the petitioner further submits that even on merits there is nothing on record to convict the petitioner for the offence under Section 302 IPC. There is no eyewitness to the incident. All the prosecution witnesses turned hostile. Only basing on

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

the dying declaration, which was disputed by the defence, the petitioner was convicted.

We have perused the material on record. Though the petitioner has completed 5 years of actual sentence after his conviction, the same cannot be only ground for entertaining the prayer for bail in view of the parameters laid down in Batchu Rangarao & others case.

Even on merits, having gone through the judgment of the trial Court and considered the case of the prosecution that the petitioner had killed the deceased, his wife, by pouring kerosene on her and set fire, which is held to be proved by the trial Court, relying on the dying declaration, we are not inclined to grant bail to the petitioner.

Accordingly, this application is dismissed.

_________ MGR, J

_________ TMR, J

Crl.A.No.217 of 2016

List the appeal in the usual course as per its turn.

_________ MGR, J

_________ TMR, J Vjl