Andhra Pradesh High Court - Amravati
Rayapalli Someswara Rao Somu vs The State Of Andhra Pradesh on 8 February, 2023
IN THE HIGH COURT OF ANONHRA PRADESH AT AM ARAVA
WEDNESDAY, THE EKGHTH DAY OF FERRUARY,
TWO THOUSAND AND TWENTY THREE
SPRESENT:
THE NONOQURABLE SRI JUSTICE C. PRAVEEN KUMAR,
ARTS
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAP
lA Na, TOF 2022
CRLA NO: (667 OF 20417
Retween:
Rayapall Somesswara Rao @ Samu, Sio Papinaidu, &. Velama, R/o Lavethivar
Streat, 41 Division, Kotha Pet, Eluru.
ApHeTaM Accused Nog
AND
The State of A P, Rep by Rs Public Prosecutor, through SHO, 1 Town PS (1&0)
Eluru. Amaravathi, Guntur District _
Respondent
Pefifiion under "een 388 (4) of Cr re praying that in the circumsiances
stated in the affidavil fleci i support of t he petition, the High Court may be pleased
fe suspend the se ntencel Judgment passed in S.C .No.s03 OF 2042, dhao- 10-2017
an the file of the court of the | Additional District and Sessions Judge, Eluru at West
Gadavari district, by enlarge the petitioner on ball, Panding disposal of
CRLA No, 1867 of S017, on the file of the High Court,
Counsel forthe Appellant -:@ri M.THIRUMAL RAO
Counsel forthe Respondent ' cPUBLIC PROSECUTOR (AP}
The Court made the folowing
ORDER:
"The petitioner, who is an accused No.9 In Crime No.8 of 2008 of Eluru
fi Town L & © Police Station, fled the present application under Section 389 (4)
af the Code of Criminal Procedure, 1973 iGrP.}, seeking bal, pending
. disposal of the Griminal Appeal.
. The petifioner/AS was tried in Sessions Case No.203 of 2012 an the file of
the jearned i Additional District and Sessions Judge, West Godavan, Eluryu
for the offences punishable under Sections 420-8, 147, 148 and GOS rhw 149 of
the Indian Penal Code, 1880 (1. PoC}.
Vide Common judgment in S.C.Nos.203 of 2012 and 223 of 2017, dated
30.10.2017, the learned Sessions Judge convicted the petitioner/A9 along with
the other accused and accordingly, sentenced him to undergo imprisonment
for life and also other punishments.
The only ground on which the present application seeking bail came to
be filed 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
& others v. State of A.P.', he would be entitled for bail.
The fact that the petitioner has completed 5 years of actual sentence after
his 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 Appeals
filed against the conviction for the offences, including the one under
Section-302 IPC, and sentencing 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; ee
(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 narcotic 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." a
Learned Additional Public Prosecutor states that the case of the petitioner
does not fall within any of the exceptions laid down in the said judgment and
the conduct of the petitioner in the jail. is satisfactory.
It is not a case where the petitioner is alleged to have committed offence
relating to rape coupled with murder of minor children, dacoity, murder for
gain, kidnapping for ransom etc. -
Since the case of the petitioner falls within the parameters laid down in
Batchu Rangarao & others case and 'asthe judgment of the Division Bench
attained finality, the petitioner shall be released on bail on certain terms and
conditions.
Accordingly, the Interlocutory Application is allowed and the
petitioner/A9 shall be enlarged on bailon his executing a personal bond for a
sum of Rs.25,000/- (Rupees Twenty five thousand only) with two local sureties
for a like sum each to the satisfaction of the learned ll Additional Judicial
Magistrate of | Class, Eluru, West Godavari District. However, the petitioner/A9
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 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 conditions imposed
supra, liberty is given to the learned Public Prosecutor to take steps
accordingly."
.Sd/- M. SRINIVAS
AR
ITTRUE COPY! iy ie :
oo For
A
SECTION OFFICER
=
'ma
NOaARWN
The Il Additional Judicial Magistrate of | Class, Eluru, West Godavari District. -
The Superintendent, Central Jail, Rajahmundry, East Godavari District.
The Station House officer, Il Town PS (L & O) Eluru, West Godavari District.
One CC to SRI. M. THIRUMAL RAO Advocate [OPUC] .
Two CCs to Public Prosecutor (AP) High Court of Andhra Pradesh [OUT]
One spare copy .
at
HHSM COURT
DATED OS O2/2023
SAH ORDER
iA No, 1 OF 2022
iN
CRLA NO: 1867 OF 2047
ALTAAYRED
