Andhra Pradesh High Court - Amravati
Y.Rambabu A1 Visakhapatnam Dt ... vs The State Of Ap., Rep Pp., on 6 February, 2023
MSDN,
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI .
MONDAY, THE SIXTH DAY OF aiae IARY, )
PWO THOUSAND AND TWENTY THREE
PRESENT:
THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR
AND
THE HONOURABLE SMT JUSTICE VENKATA JVOTHIRMA! PRATAPA
iA Na, 1 OF 2023
iN
CRLA NO: G07 OF 2017
Sehveen:
1. YoRambabu (A-1}, S/o. Apparaa, , aged 32 years, Yadava, Visakhanatram
Distict, Ryo. Mallavaram Vilage, aren uram Mancal.
2. Yelamanchili Appsianarasa, (A-2), Wo. Apparan, Yadava, R/o. Mallavararn
Villages, Atchufapuram Mandal, Visakhapatnam Dist rok.
Appell anisfAccused Nos.t & 2
(Patitic aner in ORLA SOY OF & OV?
, on the Hie of High Cour}
AND
"he State of Andhra Pradesh, Ren. hy as Public Prasecutor, High Court of Af
Mycerabad.,
_ Respondant
(Respondents indo}
Patiioy under Section 3881) of CrP. is Med praying that in the
orcumstances stated i' memorandum of grounds of criminal appeal, the High Cour
may be pleased to release the pstitioners on ball in CrA.No. AO? of 201? wWRICA &
pending before this vow Me Court, in the interest of justices, pending disposal o
GRLA No.80f of 2017, on the fle of the High Court,
The petiian coming on far Retain upon perusing the FPettion and
memorandum of grounds of criminal petition and upon hearing the anquments of Mis
A.Gayatri Reddy, Advonate for the Appailant and Pubic Frosecutor for the
Respondent, the Court made the follow! ne 7
ORDER:
"The petitioners, who are accused Nos.{ and 2 in Crime No.3? of 2043 of
Atchutapuram Police Station, fled thé present application under Section 389
ff} of the Code of Criminal Procedure 1873 (CrnP.GJ, seeking ball, pending
disposal of the Criminal Appeal.
The petitioners/Al and AZ were tried in Seasions Case No.66 of 2075 an
the fle of the fearned XE Addifional District anc Sessions Judge,
Visakhapatnam for the offenses punishable under Sections 303, 304-8, 498-4,
21g ow 34 of the Indian Penal Code, 1860 U.P.) and Sections 3 arnl 4 of the
Dowry Prohibition Act.
Vide judgment, dated 10.05.2017; the learned Sessions Judge convicted
the petitioners/A1 and A2 for the offence punishable under Sections 302 of
I.P.C and accordingly, sentenced each of them to undergo imprisonment for
life and to pay fine of Rs.1,000/-each, in default of payment of fine, to suffer
simple imprisonment for a period of six: months.
The only ground on which the: present application seeking bail came to
be filed is that the petitioners have completed 5 years of actual sentence after
conviction by the trial Court and in view 'of the Judgment in Batchu Rangarao
& others v. State of A.P.', they would be entitled for bail.
: The fact that the petitioners have: completed 5 years of actual sentence
after their conviction is not in dispute! 'The Division Bench of this Court in
Batchu Rangarao & others supra, held: as: under:
"On considering their valuable suggestions and after a thorough
evaluation of the relevant factors, we are inclined to indicate broad
criteria on which the applications:for, grant of bail pending the Criminal
by
under Section-302 IPC, and sentericing of the appellants to life among
other allied sentences, are to be considered. Accordingly, we evolve the .
following criteria:
(1) A person who is convicted for life and whose appeal is pending :
before this Court is entitled to apply for bail after he has undergone a :
minimum of five years imprisonment. following his conviction;
(2) Grant of bail in favour of persons falling in (1) supra shall be
subject to his good conduct in the Jail, as reported by the respective Jail
Superintendents; .
(3) In the following categories . of cases, the convicts will not be
entitled to be released on bail, despite their satisfying the criteria in (1)
and (2) supra:
The offences relating to. rape, coupled with murder of minor
children, dacoity, murder for gain, kidnapping for ransom, killing of the
public servants, the offences falling under the National Security Act and
the offences pertaining to narcoti¢ drugs.
(4) While granting bail, the. "two. following conditions apart from
usual conditions have to be imposed, viz., (1) the appellants on bail must
be present before the Court at 'the. time of hearing of the Criminal
Appeals; and (2) they must report' in the respective Police Stations once
in a month during the bail period.
This broad criteria cannot, be understood as invariable principles
and the Bench hearing the bail applications may exercise its discretion
either for granting or rejecting the bail based on the facts of each case.
Needless to observe that grant of. 'bail based on these principles shall,
however, be subject to the provisions of Section-389 of the Code of
Criminal Procedure."
Learned Public Prosecutor statesvthat the case of the petitioners does not
fall within any of the exceptions laid: down in the said judgment and the
conduct of the petitioners in the jail is: satisfactory.
. It is not a case where the petitioners are alleged to have committed
offence relating to rape coupled with: murder of minor children, dacoity,
murder for gain, kidnapping for ransomeetc.
' 2016 (3) ALT (Crl.) 505 (DB) (A.P).
Since the case of the petitioners falls within the parameters laid down in
Batchu Rangarao & others case and as the judgment of the Division Bench
attained finality, the petitioners shall be released on bail on certain terms and
conditions.
Accordingly, the Interlocutory Application is allowed and_ the
petitioners/A1 and A2 shall be enlarged on bail on their executing personal
bonds for a sum of Rs.25,000/- (Rupees Twenty five thousand only) each with
two local sureties for a like sum each to the satisfaction of the learned Judicial
Magistrate of First Class, Kottavalasa, Vizianagaram District. However, the
petitioners/A1 and A2 shall report before the concerned Police Station once in
a month between 10:00 A.M. and 5:00 P.M. till disposal of the appeal and they
Shall be present before the Court at the time of hearing of this appeal.
It is needless to mention that if the petitioners failed to appear before
the Court at the time of hearing of the appeal or violated the conditions
imposed supra, liberty is given to the learned Public Prosecutor to take steps
accordingly. "
| Sd/- U.Sri Devi
vee ASSISTANT REGISTRAR
TRUE COPY!// [
| . For ASSISTANT REGISTRAR
|
: 1. The learned Judicial Magistrate of First Class, Kottavalasa, Vizianagaram
District
2. The Station House Officer, Atchutapuram Police Station
3. One CC to SMt. A.Gayatri Reddy, Advocate [OPUC]
4. Two CCs to Public Prosecutor,. High 'Court of Andhra Pradesh [OUT]
5. Two spare copies Ee
NIGH COURT
DATED OSM22023
ORDER
IA Ne, 1 OF 2025
IN
ORLA NO: 807 OF ANF
DIRECTION
wee
Poa
