Andhra Pradesh High Court - Amravati
A Parameswar Babu vs The State Of Andhra Pradesh on 11 April, 2023
[3381]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
TuESDAY ,THE ELEVENTH DAY OF APRIL
TWO THOUSAND AND ll^/ENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE A V SESHA SAI
AND
THE HONOURABLE SRI JUSTI.CE DUPPALA VENKATA RAMAN
IANo. 2 OF2023
lN
CRLA NO: 159 OF 2020
Betwee n :
M Ravi Kumar, S/o MuralI' Krishna, aged about 50 years R/o pedda raju pallem
Banaganapalle mandal, Kurnool district (A6)
... Petitioners/Appellants/Accused
AND
The State of Andhra Pradesh, rep by its Public Prosecutor, High court for the
State of Andhra Pradesh at Amaravathi
... Respondent/Respondent/Compalinant
Appeal under Section 38<9 (1.,).o.f Cr.P.C., praying that in the circumstances
stated in the memorandum of grounds filed in support of the petition, the High Court
may be pleased to suspend the execution of the sentence of imprisonment imposed
on the petitioner (A6) in SC No. 169/2014 on the file of the Court of Vlll Additional
district and Sessions Judge Gum Special Judge for the trial of offences against
women, Nellore, SPSR Nellore District and release the petI'tiOner On bail pending
Crl,A.No.159/2020, Pendl'ng dl'sposal of CRLA No. 159 of 2020, on the file of the
High Court.
The appeal coming on for hearing, upon perusing the appeal and the
memorandum of grounds filed in support thereof and the order of the High Court
dated 27.02.2023 made in IA.No.1 of 2023 of Crla.No.159 of 2020 and upon hearing
the arguments of Srl' T.Nagarjuna Reddy Advocate for the Appellant and of Assistant
Public Prosecutor Advocate for the Respondent, the court made the following
•,/ ' .., I
ORDER
llThis is an Application filec! b|y the petitioner-Accused No.6 in Sessions
Case No.169 of 2014 on the file 6f the Court of the learned VIII Additional
District and Sessions Judge-cumTSpecial Judge for trial of Offences against
Women, Nellore, SPSR Nellore District. By way of the judgment impugned in
the main Appeal, dated 10.12.2019, the learned Judge convicted the appellant-
petitioner herein for the offences punishable under Section 120-B read with
396 I.P.C., and sentenced him to undergo rigorous imprisonment for 10 years
and to pay a fine of Rs.10,000/-and in defau_[tJ tO Suffer Simple imprisonment
for a period of one month. In the rpresent Application, the petitioner-accused
No.6 is praying this Court to enlarge him on bail.
It is contended by the learned counsel for the Petitioner that the entire
-(``~`.I.
case of the prosecution rests on circumstantial evidence and there is no
eyewitness for the alleged offenQel lt is also brought to the notice of this Court
that the petitioner herein (accused-No.6) and accused No.2 stand on the same
footing and the accused No.2 already approached this Court by way of filing a
bail application in I.A.No.1 of 2023, seeking his enlargement on bail. ln the said
I.A.No.1 of 2023, a Coordinate Division Bench of this Court passed an order on
27.02.2023 and enlarged the accdsed No.2 on bail on furnishing a personal
bond for a sum of Rs.10,000/i viith t\^,o sureties for a like such each to the
satisfaction of the learned VIIl ,Additional Sessions Judge-cum-Special Judge
for trial of offences against w6m`en, NeI[ore and also imposed certain
conditionsl A copy of the said'`order is placed on record by the learned
counsel for the petitioner.
The instructions furnished ^by the Station House Officer, Kavali 1 Town
police Station, are placed orr--record by the learned Additional Public
prosecutor. According to the said'instructions, to the extent of accused No.6,
the said instructions read as follows:
"Antecedents of the accused A.6 M. Ravi Kumar s/a Murali Krishna,
r/o Peddarajupalem village, BanaganapaIIe MandaI, KunrooI District:
No other criminal case is found_against him."
Having regard to the order-passed by this Court in I.A.No.1 of 2O23 filed
by the accused No.2 and taking`into consideration the instructions furnished
and referred to supra, as th6:,|\:,petitioner herein also stands on the same
pedestal as the accused No.2, this Court is inclined to enlarge the petitioner on
bail on certain terms.
Accordingly, the lnterlocuto'ry Application stands a]]owed and the
petitioner-accused No.6 shall be enlarged on bail on his executing a personal
bond for a sum of Rs.10,000/-(Rupees Ten thousand only) with two sureties
for a like sum each to the satisfaction of the learned VIII Additional Sessions
Judge-cum-Special Judge for tr`;ill of Offences against Women, Nellore.
However, the petitioner sha" ,report before the station House Officer,
Banaganapalli police Station once in a month i.e., on every second saturday
between 10.00 A.M. and 5.00 P.:M. till disposal of the Appeal. lt is needless to
mention that if the petitioner violates the conditions imposed supra, liberty is
given to the learned Public Prosee,utgr to take steps accordingly.'9
Sd/-K, SRINIVASA RAJU
ASSISTANT 6!sTF?tAR
//TRUE COPY//
For SEC"ON OFFICER
To,
1. Additional Judicial Magistrate of lSt class, kavali, spsR Nellore District.
2, Vlll Addl. District & Sessions Judge-cum-special judge for trial of offences
agaI'nSt women, Nellore,. SPSR NeIIore District.
3. The Superintendent, central prison, Nellore,SPSR Nellore District
4. The Station House Officer`, Ba'naganapalli police station.
5. The Statl'on House Officer; K:avali I, Town Police Station.
6. One CC to Sri T.Nagarjuna Reddy Advocate [OPUC]
7. Two CCs to Public Prosecutor, Hi'gh Court ofAP [OUT]
8. Two spare copies.
RVK
HIGH COURT
AVSSJ & DVRJ
DATED: ll/04/2023
ORDER
lANo.2OF2023
IN
CRLA NO: 159 OF 2020
. '.-:i- \iA_1 f9_arJ t7;q,`"9 I=#aeae I(_*.-rfe s
€:-y
DIRECTION
