Sodagudi Ravi Kumar, E.G.Dist. vs P.P., Hyd
2023 Latest Caselaw 607 AP

iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
FRIDAY, THE THIRD DAY OF FEBRUARY,
FW THOUSAND AND TWENTY THREE
SPRESENT:
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKNAR RA

IA No. 2 OF 2022
IN
CRLA NO: 808 OF 2078

Setween
Sodagudi Ravi Kumar, S/o Aharaon, Agad about 47 years, Central Prison
Rgiamahendravaram, E.G District
(OT.No.4487, Central Prison, Raiamahendravarand
. Appellantiéccusad
(Petitioner in CREA 805 OF 2078
on the fle of High Court)
AND
The State of Andhra Pradesh, Rep., oy iis Public Prosecutor, High Court at Andhra
Pradesh, Amaravall.
_ Reapanderil/Siate
(Respondanis : Wedo-)}

Patiion under Section 389 of Cr.P.C is filed praying thal In the circumstances
siafed in memorandum of grounds of criminal appeal, the High Court may be
pleased fo enlarge the Petitioner on bail suspending the sentence of We
imprisonment awarded to him through the Judgment dated 03-12-2016 passad in
S.C.No.574 of 2074 by the Court of the XI Additional District and Sessions Judge at
Narsaracpet, Gsuntur District, pending disposal of ORLA No.805 of 20176, on the fle
of the High Court.

The petifian coming on fer Hearing, upon perusing the Peiticn and
memorandum of grounds of criminal appeal and the order of the High Court dated
29.02.2018 & 24.08.2018 made herein and upon hearing the arguments of Sri
Yarramsetty Venkatesh, Advocate for the Appellant and Public Prosecutor far the
Respondent, the Court rade the following:

ORDER:

"The petitioner, who is an accused in Crime No.283 of 2013 of Vinukonda Police Station, Hied the present application under Section 389 (1} of the Cade of Criminal Pranedure, 1973 (Cr.P.C.), seeking ball, pending disposal of the Criminal Appeal. :

The petitioneriaccused was tried in Seasions Case No.514 of 2044 on the fle of the fearned XN) Additional Sessions Judge, Narasasaraopet for the offence punishable under Section 302 of the Indian Penal Code, 1860 (LP.0.).

Vide judgment, dated 02.12.2018, the learned Sessions Judge canvicted the petitioneriaccused for the offence punishable umier Section 302 of LP.C and accordingly, sentenced him to underge imprisonment for Hfe and fo pay fine of Rs.8O0/, In default of payment of Nine amount, to under simple imprisonment for a period of (1) raanth.

. The only ground on which the present application seeking ball came te be fled is that the petitioner has completed 5 years of actual sentence after conviction by the trial Court and in view of the Judgment in Batchu Rangarao & athers v. State of 4.8', he would be entitled for ball,

The fact that the petitioner has completed 6 years of actual sentence after his conviction is not in dispute. The Division Bench of this Court in Satehu Rangarao & offers supra, held aa under:

"fn considering their valuable suggestions and after « thoraugh evaluation of the refevant factors, we are inclined to indicute browd epiteria on whick the anpiications for.grant of ball pending the Criminal Appeals Nied against the conviction for the offences, inchading the one under Section 202 IPC, and sentencing of the appellants fo fe among other allie? sentences, are fe be considered, Accordingly, we evolve the following criterias ee

{i} A person whe is conwoted for fe and whese appeal is pending kefore this Court is entitied to apply for ball after ke fas underyane & minimum of See years imprisonment following his conmiction;

iS! Grant of ball in faoour oF persons falling ir (2) supra shall be subject to Ris good conduct in the fall, as reported by the respective Jarl Superintendents; "

(i) Mm the following categories of cases, the convicts will not Be entitled to he released on ball, deaptiite their satisfying the erifertea in {2} and (2) supra:

The affences relating to rape cougled with murder af minor children, dacolty, roairder for gain, Ridnapping for ransem, kitting of the public servants, the offences falling under the National Secrrity dct and the offences pertaining fo narcotic drugs.

i4] While granting bail, the two following conditions apart from neu condifions have fe he imposed, wiz., (1) the appellants on bail must ke present before the Court a¢ the time af Rearing of the Criminal Appeals: and (2) they must report in the respective Police Stations once in @ month during the ball period,

This bruad oriterin cunnet Se understead as invariable princigies and the Benock Rearing the ball anpeations may exercise tts discretion either for granting or rejecting the ball based on the facts af eanh cage. Needless iv oheerce thet grant af ball bused on these principles shall, however, he sukfect te the provisions af Section-389 af fhe Code af Criminai Pracedure."

3016 (2) ALT (On) SOS (DENA).

Learned Public Prosecutor states that the case of the peiitioner does not fall within any of the exceptions laid down In the said judgment and the eonduet of the petitioner in the jall is satisfactory.

itis not a case where the petitioner.is alleged to have committed offence

relating fo rape coupled with murder of minor children, dacoity, murder for gain, kidnapping for ransam etc.

Since the case of the petitioner fails within the parameters laid down in Baichu Rangarao & others case and as the judgment of the Division Bench attained finality, the petitioner shail be released on ball on certain terms and conctians, ae

Accordingly, the interlocutory. Application {fs aflowed and the petitionerfaceused shall be enlarged on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupeas Twenty five thousand only} with two local sureties for a like sum each to the satisfaction of the learned AHI Additional

Mistrict and Sessions Judge, Narasaraepet, Guntur District. However, the .

patitionerfaccused shall report before. the concerned Police Station once in a month between 16:00 4M. and 5:00 P.M, dl disposal of the appeal and he shall be present before the Court at the time of hearing of this appeal.

it is needless to mention that if the petitioner failed to appear before the Court at the time of hearing of the appeal or violated the condilions imposed supra, fiberty is given to the fearned Public Prosecutor to take steps accordingly." a :

Sd. M. SRINIVAS

ASSISTANT REGISTRAR PTRUE COPY! -

Fa SECTION OFFICER

Te,

1. The XH AddRional Disiric ot and Sessi ons Judge at Narasaraopet, Guntur District.

The Superintendent, Gentrai Py isOF,. Reajamahendravaram, mast Godavarl District.

The Stetion House Officer, Vinukonda Police Station, Narasaraopel. One CO fo Sri. Yarramsetty Venkatesh, Advocate [OPUC] Two COs to Public Prosecutor, High Court of Andhra Pradesh [OUT] Two spare capies :

oe ee

HIGH COURT

GPRS & TRS

DATED GS/02/2023

ORDER

IA No. 2 OF 2022 iN CRLA NO: 808 OF 20168

_ DIRECTION