Thammiseety Pulla Rao vs The State Of Andhra Pradaesh
2023 Latest Caselaw 673 AP

iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
TUESDAY, THE EIGHTH DAY OF FEBRUARY, -
TWO THOUSAND AND TWENTY TWO
PRESENT:
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

iA No. 1 OF 2023
IN
CRLA NO: 258 OF 2078
Bebeen: a
Tharmmisesty Pulla Rao, S/o T.Mutyalu.. Hindu, aged 48 years, R/o. Reguiagadus
Village, Machaveram Mandal, Guntur Districl, AP

__ Petitfioner/Appellant No. /A-1
(Petitioner in CRLA 258 OF 2078
on the file of High Gourt)

AND

The State of Andhra Pradaesh, rep., by Public Prosecutor, High Court Hyderabad
Respondent
(Respondent in-do-}

Counsel for the Petitioner :SRI. TURAGA SAI SURYA

Counsel for the Respondent -FUBLIC PROSECUTOR {AP}

Appeal under Section 389(1} of OrP.O praying that in the circumstances
statert In the Mamorandum of grounds fed In support of the Criminal Appeal, the
High Court may be plsased tc release the Fatifioner/Appellant No.1 on bail pending
in CrlA.No.258/2016 against Judgment dt.29-12-2017 in $.C.No.§38/2008 an the
file of the Court of the X Additional District and Sessions Judge, Gurajaia, Guntur
Nistrict, AP Pending disposal of CRLA No, 258 of 2018, on the fie of the High
Court, eee

Counsel for the Petitioner -SRi. TURAGA SAI SURYA
Counsel for the Respondent :-PUBLIC PROSECUTOR {AP}
The Court Made The Following ;

ORDER:

"The petitioner, who is an accused No. 1 in Crime No.7? of 2008 of Machavaram Police Station, fled the prasant application under Section 385 (1) of the Code of Criminal Procedure, 4973 (CxP.C,j), seeking bail, pending disposal of the Criminal Appeal. |

The petifionerfAt was tried! in Seasians Case No.638 of 2009 on the fle of the learned X Additional District and Sessions Judges, Gurazala for the offence punishable under Section 262 iw 34 of the Indian Penal Code, 1866 HPO).

Vide Judgment, dated 29.12.3017, the learned Sessions Judge convicted the petiliener/Ad for the offence punishable under Section 302 LPC and accordingly, sentenced him to undergo imprisonment for He and fa pay fine of Re. 16,000/.,

The only ground on which the present application seeking ball came to be filed is that the petitioner has completed § years of actual sentence after conviction by the trial Court and in view of the Judgment in Batchu Rangarac & others v. State of AP, he would be entitled for bail.

The fact that the petitioner hae completed S years of actual sentence afer his conviction is not in dispute, Yhe Division Bench af this Court in

Saichu Rangarao & others aupra, held as uncer:

"Gn considering thelr valuable suggestions and afier a thorough evaluation of the relevant factors, we are inclined to Indicate broad criteria on whieh the applications for grant 'of ball pending the Criminal Appeals fled againat the conviction for the offences, including the one under Section302 IPC, and be sentencing of the appellants to fe among other allied seniences, are ta be considered, Accardingly, we evolve the following oriteria:

(1) A person who js convicted for Hfe and whose appeal is pending befors this Court is entitled to apply for ball afier he has undergone & idnimum of five years imprisonment following his conviction:

(2) Grant of bail in favour of persons falling in {4} supra shall be subject fo his good conduct in the jal, a8 reported by the respective Jall Superintendants:

(4) In the following categories of cases, the convicts will not be entitied to be released on bail, despite thelr satisfying the criteria in (1) and (2) supra:

The offences riating fo rape coupled with murder of minor children, dacoity, murder for gain, kidnarping 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 ball, the two following

conditions apart from usual conditions Rave ta be

imposed, viz. (1) the appeliania on ball 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 ball periad. a

This broad criteria cannot be understood as invariable principles and the Bench hearing the ball applications may EXersise "fis discretion either for granting or rejecting the pail based on the facts of each case. Neediess to "pbserve that grant of bail based on thess principles shall, however, be subject to the provisions of Section-389 of the Code of Criminal Procedure." _

Learned Additional Public Prosecutor states that the case of the petitioner does not fall within any of the exceptions laid down in the said judgrment and the conduct of the petitioner in the jail is satisfactory.

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

relating to rape coupled with murder of miner ehiidren, daceity, murder for gain, kidnapping for ransom ete. a

Since ths case of the petitioner, falls within the parameters laid down in Batchu Rangarao & others case and as 'the judgment of the Division Bench attained finality, the petitioner shall be released an ball on certain terms and

eorndiions.

Accardingly, the imerlocutory _ Application is slowed and the petitionen/AT shall be enlarged on ball on his executing a personal bond for a sum of Re.28,000/- (Rupees Twenty five thousand only) with two local sureties for a ke sum sach to the satisfaction of the learned Judicial Magistrate of { Class, Piduguralla, Guritur Distriet. However, the petitioner! Ad shall report before the concerned Police Station once ina manth between 10:00 4.M. and &:00 PLL HH disposal of the appesi anc he shall be present before the Court at the Ure of hearing of this appeal.

tis needless to mantion that iF the petitioner failed to appear before the Court at the time of hearing of the appeal ar viniated the canditiens imposed supra, liberty is given fo the leamed Public Prosecutor to fake Steps

accordingly,"

.Sdi. BM SRINIVAS ASSISTANT REGISTRAR ITTRUE COPY! SECTION OFFICER Por Ta,

1. The X Additional District & Sessians dudge, Gurazala

am The Judicial Magistrate of First Class, Piduguraila, , Gurtur Oistrict

a. The Junior Chi fudge, Pidugurall a. Guntur Distrot

4. The Superintendent, Cantral dad. Rajahmundry, East Godavari District, Andhra Pradesh

Une OC to SRI TURAGA SAI Si RYA Advocate f(OPUC)

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