Bodepalli Dhninjaya Rao, Wg.Dt., vs State Of Ap., Rep Pp.,
2023 Latest Caselaw 217 AP

       HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

              MAIN CASE No.: Crl.A.No.690 of 2017

                             PROCEEDING SHEET

Sl.
                                         ORDER

No DATE

6. 18.01.2023 CPK, J & BVLNC, J

I.A.No.1 of 2022

The petitioner, who is the sole accused, filed the present application under Section 389(1) Cr.P.C., seeking bail pending disposal of the Criminal Appeal on the ground that he has completed five 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. [2016 (3) ALT (Crl.) 505 (DB) (A.P)], he would be entitled for bail. The petitioner/accused was tried in Sessions Case No.99 of 2016 on the file of the learned Sessions Judge, Srikakulam for the offences punishable under Sections 449, 302 and 380 I.P.C.

A perusal of the record would show that vide judgment, dated 02.06.2017, the learned Sessions Judge convicted the accused for the offence punishable under Section 380 I.P.C. (murder for gain) along with Sections 449 and 302 I.P.C. and as such, the case of the petitioner falls within the exceptions carved out in Batchu Rangarao's case (cited supra). Hence, we see no grounds to grant bail to the petitioner. Accordingly, this application is dismissed.

Crl.A.No.690 of 2017

Registry to prepare the booklet and post the appeal for final hearing at the earliest.

_________ CPK, J

__________ BVLNC, J AMD/RMD