Gurram Sudhakar Naidu vs The State Inspector Of Police
2023 Latest Caselaw 2385 AP

           lN THE HIGH COURT OF ANDHRA PRADESH AT
                                                                                     i.`:`j et:!fi i ...I.:`:-,- ?.I
                                                                                                                  I)




                      TUESDAY, THE l1^,ENTY FIFTH DAY OF A`Prfe]£,
                            nA,A Ill I-I ,-, I ,_       . I ._ _ . I__ ..._I _ _. .__`-'`:i''-
                            l|^/O THOUSAND AND TWENTY THREE. I. :--i-. :.

                                              :PRESENT:

                THE HONOURABLE SRI JUSTICE A V SESHA SAI
                                  AND
             THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO

                                          IANo.1 OF2023
                                                        lN
                                       CRLA NO: 287 OF 2O23
Between:
   1. Gurram Sudhakar Naidu, S/o late Venkata Kondanna, Hindu, aged 47 years,
      R/o Appecherla Village, Peddavaduguru Mandal, Anantapuram District. (A-6)
   2. Gurram Seshachalapathi Naidu @ G.Sesha, S/o late Rangaiah, Hindu, aged
      52 years, R/o Appecherla Vl'llage, Peddavaduguru Mandal, Anantapuram
       District.   (A--9)

                                                                                          ...Petitioners/A6 & A9

AND
The State, Inspector of police, pamidi cI'rCle, Anantapuram DI'StriCt, Rep. by its
Public Prosecutor, High Court of Andhra 'Pradesh at Amaravathi
                                                                                                                       ...Respondent


       Petition     under    section    389(1)          CR.P.C.      is   filed    praying                             that   Ion   the
circumstances stated in the affidavit filed i,n support of the petition, the High Court
may be pleased to SUSPEND the sentence of imprisonment made in s.c.No.
421/2016 dated 29-03-2023 on the file of lV Additional Sessions Judge, Gooty and
release the Petitioners/Accused Nos 6 a 9+ on bail pending disposal of main criminal
Appeal.

Counsel for the Petitioner :            SRI V -NITESH
Counsel for the Respondent :            PUBLIC PROSECUTOR (AP)

The Court made the following :ORDER

      {'Heard the learned counsel for the appellants-petitioners herein and the
learned Public Prosecutor for the respondent-state.

       The accused Nos.6 and 9 in Session Case No.421 of 2016 on the file of
the Court of the learned vl Additional Sessions Judge, Goofy, who are the
Petitioners jn the Present Application filed under Section 389(1) of Cr.P.C, are
Seeking their enlargement on bail.

                                                 I-`V
           petitioners   along   w-lth   14 'IOtherS Were       Charged   for the   OffenCeS
punishable under Sections 147,148, 324, 3O7, 302 r/w 149 I.P.C., and Section
12O(B) lPC. The learned VI Additional Sessions Judge, Gooty, by way Of the
impugned judgment dated 29.O3.2023, convicted the Petitioners herein for the
offence punishable under section 324 I.P.C., and sentenced them tO undergo
rigorous imprisonment for six (o6) rilO+hthS ,each and tO .Pay a .fine .Of Rs.1,OOO/-
each, in default of payment of fine, they shall undergo slmPIe lmprlsonment for
two (02) months each.

          lt 'ls contended by the learned `counsel for the Petitioners that there iS
absolutely no material available OTh `J|record to convict the Petitioners herein
even under section 324 I.P.C. lt -ls also the Submission Of the learned COunSel
that pursuant to the impugned judgment, the pet'ltioners herein have also paid
the fine amount.

       lt is brought to the notice of this court by the learned counsel for the
petitioners that the learned vI 'Additionall Sessions Judge, Gooty, in
cri.M.P.No.101 of 2O23 in S.C.No.421 of^`2016, passed an Order, enlarging the
pet'ltioners on bail on execution of a self bond of Rsl2O,000/-with two Sureties
for a like sum each to the satisfaction .of the court, vide order dated 03.04,2022
till 26.04-2023.

          Having regard tO the SubndiSSiOns Of the learned COunSel for the
appellants- petitioners herein and taking into account the grounds Of Appeal,
the lnterlocutory Application iS allowed, directing enlargement Of the accused
Nosl6 and 9 petit-loners herein, Subject tO the Same COnditiOnS aS Were
imposed by the leamed vl Additional Se~ssions Judge in Cri.M.P.No. 1Ol of
2023 in S.C.No.421 of 2016, dated 03.04.2023".


                                                                     sd/-K.J. RAJA BABU
                                                                  ASSISTANT RH HHri_ lSTRAR
                                         I ITF`HEI COPY I I
                                                                         SECTION OFFICER

 tiro,
 i    1. The lVAdd-ltional Sessions Judge, Gooty, Anantapuram District.
     2. The State Inspector of Police, Pamidi` Circle, Anantapuram District. ( By
           RPAD)                                        ,'`u
 I   3. The Judicial Magistrate of First|`Class, Goofy.
    4. The Superintendent,Central Prison,-:'Kadapa.
    5. One CC to SRl. V NITESH, Advocate [OPUCl
 I;   6. Two CCsto PUBLIC PROSECUTOR,l`High CourfofAndhra Pradesh. [OUT]
 ;       7. Onespare copy                  ,v\.,:,r¢`




                                             r'-I   8
       HIGH COURT




                       I I



                             .-




     AVSS, J &
     TMR, J




 DATED.. 25/04/2023




ORDER

IANo.1 OF2023 IN CRLA NO: 287 OF 2023

\`-

IA IS ALLOWED

\,39\,i(9 title

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