Y.Rambabu A1 Visakhapatnam Dt ... vs The State Of Ap., Rep Pp.,
2023 Latest Caselaw 1091 AP

MONDAY, THE SIXTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY THREE
:PRESENT:

CANDY
THE HONQURABLE SMT JUSTICE VENKATA JYOTHIRMAL P

IA No. 4 OF 2028
: ON
CRLA NOS 607 OF 2047

Betvean:
}. ¥ Flambabu (4-1), S/o. Apparag,
District, Rio. Malavaram Vilag

2. Yelamanchili Aopalanarasa, (4:
Village, Atchutapuram Mandel, ¥

32 years, Yadava, Visaknapainam
apuram Mandal.
Wis. Apparas, Yadava, Rio. Mallavaram
Khapainam District. .
_ Appellania/Accused Nos.1 & 3
(Petitioner in ORLA GOY OF SOTF
on the file of High Court)

The State of Andhra Pradesh, RED, by it Ubtic Prosecutor, High Court of At
Hyderabad: .

. Respondent
{Raspandents in-do-)}
Patton under "Cr.P.C is filed praying thet in the
rounds of crm) inal appeal, the High Court
aul CALA. Ne 80? o aunt whi oh is

Section money

pending before this Hon'ble Court, |
CRLA No.607 of ZO17, on the fe of

; The petition coming on for.
memorandum of grounds of criminal pe
AGayatrl Reddy, Advocate for the
Respondent, the Court made the folloy ;

upon perusing the Petition and
Shand upon hearing the arguments of Mis
"aoe fant and Public Prosecufer far the

ORDER:

"The petitioners, who are accused Nos.1 and 2 in Crime No.37 of 2013 of Atchutapuram Folles Station, fied the present appleation under Section 389 {1} of the Code of Criminal Procedueeyt973 iCr.P.O.3, seeking ball, pending disposal j of the Criminal Appeal,

. The patitioners/Al and Ag were He fin Sessions Case No.86 of 2045 on the fille of the isarned XU at ONetrict and Sessions Judge, Visakhapatnam for the offences punishable under Sections 302, 304-8, 498-4, $42 efw 34 of the Indian Penal Goda, 860 (.P.0) and Sections 3 and 4 of the Dowry Prohibition Act.

the learned Sassiona Judge convicted the petitoners/Ai and Az for the offesce punishable under Sections 302 of LB. and accerdingly, sentenced cach of therm fo undergo imprisonment for fe and to pay fine of Rat 000/each, int default of payment of fine, ie sulfer sinpis imprisonment for a period of Bix

Viele Judgment, dated 10.05. 2017;

The anly ground on which the: resent application seeking ball care to be fled ia that the petitioners have completed 5 years of actual sentence ater conviction by the trial Court and In view of the Judgment in Satehu Rangarae & others v. State of 4.6.", they would be ettitied for ball,

The fact that the petitioners ' omplated § yeara of actual sentence after thelr conviction la not in dispt The Division Bench of this Court in Setchy Rangaras & others supra, held! as under:

"On considering thelr Reveble suggestions and after a thorough evaluation af the relevant fae tors, are are ineRned te indioeste Sroced eriteria on which the guploationg gor grant af ball pending tha Criminal Agpeals Nled against the coneigtian for the offences, inchadling the one under Seotlon On IPC, and sentencing of the agpeliants to fe among other allied sentences, are to & s sidered. Sonordingiy, we evafve the following orfieria: fe

f2} A person who is conutcter foeiyye anc whose appeal is pending before this Court is entified to apaly for bell after Re Haw undergene a minim of Nee years inprisonment following his consiction;

ia) Grant of ball in Suvour of persons Aalling in (2) sugra shell be subject to his good conduct in the a8 reported By the ragnective atl Superintendents: ;

fa) in the Pallawing outege entitigd te be released an Beall, aed (2) sages

fhe ajffences relating to sage couplet ohh murder of miner ohtidren, dacotty, murder fur goin, . Iidnapeing for ransom, AUNergy ay the public sersants, the offences Peing. wider the National Security det and the offences partaining to narcegie :

fF} While grunting Ball, the & ueuel conditions Rave te be hmpase be present before the Court af Ys Appeais; and (2) they maa report: in [email protected] during the bal! period,

This broad criteria cannet.be.undersined as invwrlable principies and the Bench Aeuring the ball aeptications rusy exercise ite diseretion either for granting ar refeeting £86 i bused on the farts af vack cage. Needless to observe that grant i based on these principles shell, however, be subject to the provisions of Section 389 af the Code of Ceiminal Procedure," Bayes

a aa} the appellants. on Ball must time of hearing of the Criminal the régpective Police Stations once

Learned Public Prosecutor states fal within any of the exceptions is conduct of the petitioners in the jal is

at the case of the petitioners does not

[email protected] in the said judgment and the satisfactory.

is not a case where the net offence relating to rape coupled wil murder for gain, kicnapping for FaNsan

aners are alisged to have cammitted afnaerder of minor children, dacolly, ete,

2016 8) ALT Crh) S09 (DB) (APR.

eee St ian hae be ei an g x t

g

BS

N

g

ig within the Parameters inid down in he judgment of the Division Sench released on bail on certain terms and

Since the case of the palitioners { Batehu Rengarea & OMers case an atigined Hnallty, the peiiiioners sha! sondtions,

Accordingly, the Piterlocuters 'Application is alowed and the petitionera/Al and AZ shall be enlarged on ball on their SXOCHUNG personal bonds for a sum of Rs.25,000/- (Rupees Twenty five thousand ony) each with two local sureties for a lke Sum eseh fo the satisfaction of the learned Additional Judicial First Class Magistrate Yelamanchil, Visakhapatnam District. However, the peltioners/AT and A2 shall report before the concerned Police Station ones in = Momh between 10:00 A.M. and 3:00 PLM. OH disposal of the appeal and they shall be present before the Court at the ime of hearing Of this appa, Lg Es

_ it is needless to mantion that ff the petitioners failed te appear before the Court at the time of hearing of the appeal or violated the conditions imposed supra, herty is given to ¢ 'ned Public Proascutor fo take stops accordingly." ~

| Sei- USri Dewi cee ASSISTANT REGISTRAR PTRUSCOPYH Pe

& re : -

PoNa

For ASSISTANT REGISTRAR

To,

1. The Additional Juctichs! First Clase

Magi District.

Straie Yelamanchil, Visakhapainam

2. The Station House Offeer, Aichutapuram Polies Staton

3. One CC to SM A.Gayatr Reddy: Advonate POPU}

4 Two COs to Public Rroseautor, High Court of Anehra Pradesh [OUT] * 3. Two spare copies x MM :

Note: The name of the Court "Judicial Mey

fale of First Class Kothavalasa. Vigianagararm Dietiet mention

inthe Crder portion is corrected as "Additional Judicial Firs: vlaagoMagistrate Yelamanchi Visakhapatnam District" as per the order of this at Gated 23.03.2023 In LANoo of 2023 Subsittufe this amended order in. face of serller order, which wae disnaichsd On 08.08 2023. recy

Sale LESr Doyi ASSISTANT REGISTRAR

Maya ot me he

when,

GH COURT

Gs as

CPA & ¥IRG

DATED: 08/02/2023 aOR O83

(AMENDED) ORDER

IA Ne. 1 OF 2023

iN GRLA NO: 607 OF 2017

DIRECTION