Kamparaju Rajesh Kumar vs The State Of Andhra Pradesh
2023 Latest Caselaw 2139 AP

    HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.:         Crl.A.No.956 of 2019

                        PROCEEDING SHEET

Sl.
                               ORDER

No DATE 30 20.04.2023 AVSS, J & TMR, J

. IA.No.2 of 2023 This is an application filed by the petitioner - Accused No.5 in Sessions Case No.169 of 2014 on the file of the Court of the learned VIII Additional District and Sessions Judge-cum-Special 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 petitioner herein for the offences punishable under Sections 120-B and 396 IPC and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- and in default, to suffer simple imprisonment for a period of one month, on both counts.

In the present application, the petitioner- Accused No.5 is praying this Court to enlarge him on bail.

It is contended by the learned counsel for the petitioner that the entire case of the prosecution rests on circumstantial evidence and there is no eyewitness for the alleged offence. It is also brought to the notice of this Court that the petitioner herein (Accused No.5) and Accused No.2 stand on the same footing and Accused No.2 already approached this Court by way of filing a bail application in IA.No.1 of 2023, seeking his enlargement on bail. In the said IA.No.1 of 2023, a Co-ordinate Division Bench of this Court passed an order on 27.02.2023 enlarging Accused No.2 on bail on furnishing a personal bond for a sum of Rs.10,000/- with two sureties for a like sum each to the satisfaction of the learned VIII Additional Sessions Judge-cum-Special Judge for trial of offences against Women, Nellore and also imposed certain conditions. A copy of the said order is placed on record by the learned counsel for the petitioner.

The instructions furnished by the Superintendent of jails, Central Prison, Nellore, vide covering letter dated 14.04.2023 are placed on record by the learned Public Prosecutor and according to the said instructions, the conduct of the petitioner in

jail is satisfactory.

Having regard to the order passed by this Court in IA.No.1 of 2023 filed by Accused No.2 and taking into consideration the above mentioned instructions furnished by the Superintendent of jails, Central Prison, Nellore and as the petitioner herein also stands on the same pedestal as Accused No.2, this Court is inclined to enlarge the petitioner on bail on certain terms.

Accordingly, the Interlocutory Application stands allowed and the petitioner - Accused No.5 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 trial of offences against Women, Nellore. However, the petitioner shall report before the Station House Officer, Banaganapalli Police Station once in a month i.e., on every Second Saturday between 10:00 AM and 05:00 PM till disposal of the Appeal. It is needless to mention that if the petitioner violates the conditions imposed supra, liberty is given to the learned Public Prosecutor to take steps accordingly.

IA.Nos.1 & 4 of 2023

At the request of learned Public Prosecutor, to get instructions, post on 24.04.2023.

________ AVSS, J

________ TMR, J

Vjl