Jagurothula Satyanaryana ... vs State Of Andhra Pradesh
2023 Latest Caselaw 789 AP

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA
THURSDAY THE NINTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY THREE
PRESENT: ES
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
AND AQ
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMA! PRAT

NS

iA Na. 1 OF 2023
iN
GRLA NO: 1481 OF 2047
Setweean:
Jagurothula Satyanaryana @ Solution Sathi, Sfo. Ramulu, QeeJute Mil Worker,
Gangula Pet, Ganganamma Temie Street, Kotha Pet, Eluru, WG. Dist.
Petitions A-12
iPetitionerin CRLA 1481 OF 2047
on the fle of High Court}
AND
Siate of Andhra Pradesh, thorugh SHO., Eluru-l Town (L&O) PS, rep. by Public
Prosecutor, High Court of AP. at Amaravathi.
._ Sompisinant/State .

Appeal under Section S89(1) OF CR P.O praying that in the clrcumstanoes
slated in the Memorandum of grounds fed in support of the Criminal Appeal, the
High Court may be pleased fo enlarge the petitioner on bail by suspencing the
execution of sentence of judgrnent dated 30.10.2017 passed in S.C.No.208 o
202017 on the file of the Hon'ble 1% Add! District and Sessions Judge, West
Godavari, Eluru, in the interest of lustioe, Pending disposal of ORLA No. 1481 of
2077, on the fle of the High Court.

Counsel for the Petitioner 'SRI G L NAGESWAR RAO

Counsel for the Respondent -PUBLIC PROSECUTOR {AP}

The Gourt made the following

QRDER:

The petitioner, who is accused No.12, filed the present application under Section 3891) CrP.C., seeking ball, pencing dispasal of the Criminal Appeal.

The petitiener/A.12, along with other accused, was tried in Sessions Case No.g03 of 2012 on the fle of the learned | Additional District and Seasions

Jucige, West Godavari, Eluru, for the offences punishable under Sections 120- B, 147, 148 and 302 riw 149 IPC.

Vide judgment, dated 30.10.2017, the learned Sessions Judge convicted the petitioner-Alz for the offences punishable under Sections 120-B, 147, 148, and 302 sw 149 IPC and accardingly, sentenced him to undergo simple imprisonment for a period of six months for the offence under Section 120-8 IPC; simple imprisonment for a period of two years for the offence under Section 147 IPC: simple Imprisonment for a period of three years for the offence under Section 148 IPC, and rigorous imprisonment for Ife for the offence under Section 302 rhy 7149 IPC,

The onfy ground on which the present application seeking ball came to be filed is that the setitioner has completed five years of actual sentence after sanviction by the trial Gourt and in view of the Judamant in Satchu Rangarao & others v. State af 4.P.', he would be entitled for ball,

The fact that the petitioner has completed five years of actual sentence after his conviction is not in dispute. The Division Bench of this court in Batchu Rangarac & others supra, held as under: ~

"On cansidering thas valuable suggestions and after a thorough evaluation af ihe relevant factors, we are imelined ta indicate Broad criteria an whith the apicatons for grant of ball pending the Criminal Appaals fled against the somdatien for tha offences, inclucing Gre one under Secfomdds IPC, and sentencing of the apgeifants to ifs among atfar alin? sentaaces, are fo be considered. Accordingly, we avalye the following anftaria:

ft) & persen wie is canvicted for fe and whose anneal is pending before this Court is entived to agyty for bail affer he Aas undergarne @ avnimum of Hes years imprisonment following Als canviction:

{3} Grant of ball in faveur of persons Falling in (1) supra shall be subject to fis good candue? in the jail, as reported By the respactive Jali Suparintendents;

{3} In the following categanes of cases, the convicis wil mot be entitled to be rigased on bal, deapite Geir satisfying the eriteria in (7) and @) supra:

The affences ralating to rape coupled wih murder of avnor children, dacoity, murder for gain, kidnapping for ransam, ailing af ihe public servants, We affences failing uncer Nie National Securty Act and tye offences partaining to narcotic drugs.

id} Wede granting ball, tre hwo following conditions apart fram usual canditions Save to be iowosed, wiz. (7) te angellants on Sail must be present before tre Sout af the Ye of Faaring of the Crovnal dgpeals; and (9) Grey must report in the respective Police Stations ance in a month during the ball perfad.

This broad criteria cannot Be undersigod as invarialve princinies and the Bench: Searing the bail aonlicatians may exercise Na ciscretian effher for granting or rejecting the bail based an the facts of seach case. Neadiess to observe that grant of Sait Based on these principies shall, however, be subsect to the provisions af Secton-388 of the Code of Criminal Procedure.

Learned Public Frasecuter states that the case of ihe pelitioner does not fall within any of the exceptions laid down in the said Judgment; that there will

nat be any difficulty in securing his sresence in case of conviction and that the conduct of the petitioner in the jaifis satisfactory.

it ig not a case where the petitioner ie alleged to have committed offence relating to rape coupled with murder of minor children, dacoity, mureler for gain, kidnapping for ransom etc.

Since the case of the petitioner falls within the parameters laid down in Batehu Rangarac & offers case and as the judgment of the Division Bench attained finality, the petitioner shall be released on ball on certain terms and conditions,

Accordingly, the interlocutery Application is allawed and the petticoner/accused shall be enlarged an ball on his executing a persanal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand onfy) with two local sureties for a like sum each to the satisfaction of the learned Hf Additional Judicial First Class Magistrate, Eluru, Weel Godavari District. However, the petiioner/accused shall report before the learned H Additional Judicial First Class Magistrate, Eluru, West Godavari District, once mm a menth Le. between 10:00 AWM. and &:00 PAL O8 disposal of the appeal and he shall be present before the Court af the time of hearing of this appeal.

it is neecdiass to mention that if the petitioner failed to appear before the Court at the time of hearing the appeal or viclated the conditions imposed supra, Hberty is given fo the learned Public Prosecutor to take sfens accordingly.

Sdi-V.SAVITRI GOWRI ASSISTANT REGISTRAR WTRUE COPYH i

Fa, The 1° Additional District and Sessions Judge, West Godavari, Eluru

The 1 Additional Judicial Magistrate of first Class, Eluru, West Godavari District

The Superintendent, Certral Prison, Rajahmundry, East Godavari Distret The Station House Officer, Eluru --lf Town (L& O) Poline Station, Eluru

One CC to SRL GL NAGESWAR RAO Advocate (OPUC]

Two (Gs to PUBLIC PROSECUTOR, High Gourt of Andhra Pradesh [QUT] Two spare copies

Bo ws

"EB os

PSR

HIGH COURT

CPR & VIR

DATED OS/O2/2023

BAH ORDER

iA Na. 1 OF 2029 iN GRLA NO: 1484 OF 2047

BAH GRANTED