Nellore Rama Swamy vs The State Of Ap
2023 Latest Caselaw 2438 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

   MAIN CASE No. CRL.A.No.717 of 2019

                          PROCEEDING SHEET

Sl.   DATE                              ORDER                              OFFICE
No.                                                                         NOTE
09. 25.04.2023 AVSS,J & TMR,J

                               I.A.No.02 of 2023


                   Heard Sri N. Ashwani Kumar, learned counsel
              for the petitioners/A.2 to A.4 and Sri S. Dushyanth
              Reddy, learned Additional Public Prosecutor, for the
              State.
                   This is an application filed under sub-Section
              (1) of Section 389 of Code of Criminal Procedure,
              1973, praying this Court to enlarge the petitioners
              on bail for a period of fifteen [15] days, so as to
              enable them to perform the 'Pedda Karma' ceremony
              of one Sri Pakam Venkaiah, father of the petitioners
              2 and 3 and paternal uncle of the 1st petitioner.
                   By way of judgment dated 29.08.2019, the
              learned III Additional District and Sessions Judge,
              Nellore convicted the petitioners along with others
              for the offences punishable under Section 302 r/w.
              Section 149 I.P.C. and sentenced them to undergo
              Life Imprisonment and also to pay a fine of
              Rs.1000/-    each,   in    default,   to   suffer   Simple
              Imprisonment for a period of Three Months            each
              and the learned Sessions Judge also found the
              accused, in the aforesaid Sessions Case, guilty for
              the offence punishable under Section 147 I.P.C. and
                            2


sentenced them to undergo Rigorous Imprisonment
for a period of One Year and to pay a fine of
Rs.1000/-     each,    in       default,      to    suffer    Simple
Imprisonment for Three Months each.

       The present application is filed by A.2 to A.4.
It is stated that one Sri Pakam Venkaiah, father of
the petitioners 2 and 3 and the paternal uncle of 1st
petitioner died on 11.04.2023 and as per the Hindu
Rites and Customs, 'Pedda Karma' ceremony will be
held     on   27.04.2023              at    his     residence     at
Musunuruvaripalem, Muthukuru Mandal, SPSR
Nellore District and Asthi Visarjanam is also to be
performed. It is finely stated that the presence of
the    petitioners    is       very        much    necessary     for
performing the said ceremony and the instructions
furnished by the Sub-Inspector of Police, Muthukur
Police   Station,     SPSR            Nellore      District    dated
19.04.2023

are placed on record by the learned Additional Public Prosecutor.

It is stated in the instructions that the Police caused enquiry and found that Sri Pakam Venkaiah expired on 11.04.2023 and the death ceremony [Pedda Karma] is scheduled to be performed on 27.04.2023.

Having regard to the submissions of the learned counsel for the petitioners so also the learned Additional Public Prosecutor and in view of the instructions furnished by the learned Additional Public Prosecutor, this Application is allowed, directing enlargement of the petitioners/A.2 to A.4

in Sessions Case No.406 of 2012 on the file of III Additional District and Sessions Judge, Nellore, on bail for a period of Ten [10] days from 26.04.2023, subject to the petitioners furnishing a personal bond of Rs.20,000/- [Rupees twenty thousand only] each with two sureties for like sum each to the satisfaction of Superintendent of Jails, Central Prison, Nellore. It is made clear that the petitioners shall surrender before the jail authorities by 5.00 P.M. on 05.05.2023.

_________ AVSS, J

________ TMR, J

MS