Vatambeti Ramesh, Chittoor Dt., vs The State Of Ap., Rep Pp.,
2022 Latest Caselaw 7264 AP

    HIGH COURT OF ANDHRA PRADESH AT AMARAVATI


                 MAIN CASE No.: Crl.A.No.162 of 2016

                             PROCEEDING SHEET


 Sl.
                                       ORDER

No    DATE
04. 21.09.2022    MGR, J & TMR, J

                                   I.A.No.1 of 2022

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.205 of 2013 on the file of the Special Sessions Judge-cum-IV Additional Sessions Judge, Chittoor at Tirupati.

Vide judgment, dated 21.10.2015, the learned Additional Sessions Judge convicted the petitioner/Accused for the offence punishable under Section 302 and 201 I.P.C. and accordingly, sentenced him to undergo life imprisonment for the offence under Section 302 IPC and to sentenced to undergo rigorous imprisonment for a period of seven years for the offence under Section 201 IPC.

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 and 201 IPC. Only basing on the medical evidence, the petitioner was convicted. The medical evidence should be supported by the evidence adduced by the prosecution. In the case on hand, even the parents of the deceased also not supported the prosecution case.

Learned Additional Public Prosecutor, on instructions, states that the conduct of the petitioner in the jail is satisfactory.

We have perused the material on record. Though the petitioner has completed 5 years of actual sentence after his conviction and his conduct in the jail is satisfactory, the same cannot be only grounds 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 having killed the deceased, his wife, by throttling her neck while she was pregnant and with an intention to escape from the legal punishment,

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

informed that she died in an accident, which is held to be proved by the trial Court, relying on the medical evidence, we are not inclined to grant bail to the petitioner.

Accordingly, this application is dismissed.

_________ MGR, J

_________ TMR, J

Crl.A.No.162 of 2016

Post on 30.12.2022.

_________ MGR, J

_________ TMR, J Vjl