Andhra Pradesh High Court - Amravati
Kosetty Chodinaidu vs The State Of Andhra Pradesh on 20 April, 2023
THURSDAY, THE TWENTIETH DAY OF APRIL,
T\^/O THOUSAND AND ll^/ENIY THREE
:PRESENT:
THE HONOURABLE SRI `JUSTICE A V SESHA SAI
AND
THE HONOURABLE SRl 'jU§-tld'E T IVIALL[KARJUNA RAO
[A-No.`,;1.I OF 2023
IN'
CRLA NO:,,-2'4`1J7 oF 2018
Between:
Kosetty Chodinaidu, R/o ChidipaIIi Village, Atchutapuram Mandal, Visakhapatnam
District.
...Appellant/Accused
I..AND,
The State of Andhra Pradesh, Rep. byl itSJ public prosecutor, High Court of Andhra
Pradesh,
...Respondent/Complainant
J` \
petition under section 389 (1)-``of Cr.P,C is filed praying that in the
circumstances stated in the affidav'lt filed <`in ''Supporf of the petition, the High Court
may be pleased to suspend the execution of the sentence, judgement passed on
30th, November, 2017, in SC no: 10,8`..of 2016 on the file of Principal District &
Sessions Judge, Visakhapatnam and release the petitioner on bail, Pending disposal
of CRLA No. 2417 of 2018, on the file-oft,he High Court.
Counsel for the Petitioner :Sri G VIJAYA SARADHI
Counsel forthe Respondent :PUBLIC PROSECUTOR
\ /
The¢ourt made the following : `l-
T
ORDER:
ff This is an application, filed under, Section 389(1) of the Code of Criminal
Procedure, seeking bail.
Main Criminal Appeal came to b? preferred by the petitioner-accused against
the judgment dated 30.ll.2017, passed '`'b'y the Court of the learned Principal District
and sessions Judge, Visakhapatnam, in '`Sessions case No.108 of 2016. By way of
the said judgment, the learned sessions` JIJdge COnViCted the accused-Petitioner
herein for the offence punishable und;r `section 302 I.P.C., and sentenced him to
undergo Rigorous Imprisonment for life.
•'l
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I
ln this application, the petitioner is seeking bail by placing reliance on the
I-=aa:;-a-r=;
judgment ;ni composite
of the ore.,' vs., H'lgh
st-ate Court
of Andhra Pradesh
of Andhra reported
Pradesh in the'lncase
T2016(a) A:LT
Of Bafchu
(criminal) 505 (AP)I. In the said judgn;e'nt, the Court laid down the following
guidelines, while considering the ba'll applications of the present nature:
"(1) A person who is COnViCted for life` and Whose appeal iS Pendi?g. before.
in;s cburt is entitled to apply for bail after he has undergone a minimum Of
five years impr®ISOnment following his conviction;
-h;s goodof bail
(2) Grant conduct in Of
in favour thePersons
jail, failing
as reported by the
in (1) supra shall respective
be sy.bject Jail
.to.,
Superintendents;
`r5Ieased
(3) In the on bail, despite
following theirofsati§fyihg.the
categories CriteriaWill
aaSe`P. the convicts in (1)
notand (2) supra:to be
b_e.f_ntitled
.. /.
The offences relating to rape couPIed^viith murder of minor Children dacoity,
murder for gain, kidnapping for ransom. killing of the public servants,_ ire
offences falling under the National 'Security Act and the offences Pertaining
to narootic drugs.
(4) While -have
`c6nditions t-o bail,
granting be imposed, viz:,` (1) the
the two:ielIIpwing appellants
conditions on frPm
apart_ bail must be
u?u.aI
present before the court at the time df hearing of the Criminal Appe?Is;. ard
(2) they must report in the respective Police Stations once in a month during
the bail period."
Instructions furnished by the jail superintendent are placed on record by the
learned public Prosecutor. According to lthe Said instructions, the conduct Of the
petitioner is satisfactory and he ha;` completed more than five years of actual
sentence. lt is not the case of the prosecut.ion that the instant case falls under the
exceptions as mentioned in the aforesaid,decision.
For the aforesaid reasons, this Petition iS allowed, directing enlargement Of
the petitioner on bail subject to th`e p-etitiOner furnishing a Personal bond Of
Rs.50,000/- (Rupees Fifty Thousand only) vyit'h two Sureties for the like sum each to
the satisfaction of the court of the ieamed,I.Additional Judicial Magistrate of First
class, yelamanchili. lt is made clear that the Petitioner Shall attend before the said
court on one day in the first week of eye,ry month, pending appeal and if the same is
not adhered to, the same be brought to the n;tice of this court for passing necessary
order for cancellation of bail. lt is further made clear that at the time of hearing the
appeal, the petitioner shall be present before this Court."
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//TRUE COPY// ;;i_.:;
For S F.CTiG}'\! `T.)F[-ic, #'-.-:l3
+a,
1, The Additional Judicial Magistrate of First Class, Yelamanchili.
2. The Principal District and Sessions Judge, Visakhapatnam
3. The District and Sessions Judge, Visakhapatnam
4. The Superintendent, Central Prison, Visakhapatnam.
5. One CC to SRl. G VIJAYA SARADHI Advocate [OPUC]
6. Two CCs to Public Prosecutor (AP).H`igh Court ofAndhra Pradesh [OUT]
7. Onespare copy
CVSS
(
HIGH COURT
AVSSJ a TMRJ
DATED: 20/04/2023
BAIL ORDER
IANo.1 OF 2023
lN
CRLA NO: 2417 OF 2018
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ALLOWED - -;`i=&c``
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