Andhra Pradesh High Court - Amravati
Kurumilli Dhanunjayarao Dhana vs State Of Ap Rep By Its Pp on 2 January, 2023
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.1752 of 2017
PROCEEDING SHEET
Sl.
ORDER
No DATE
03 02.01.2023 CPK, J & BVLNC, J
I.A.No.1 of 2022
The petitioner, who is Accused No.11, filed
the present application under Section 389(1)
Cr.P.C., seeking bail, pending disposal of the
Criminal Appeal.
The petitioner/A11, along with other accused,
of 2017 on the file of the learned I Additional
Sessions Judge, West Godavari at Eluru, for the
offence punishable under Sections 120-B, 147,
148, and 302 read with 149 IPC.
The learned Sessions Judge convicted the
petitioner-A2 for the offence punishable under
Section 120-B, 147, 148 and 302 read with 149
IPC and accordingly, sentenced him to undergo
simple imprisonment for a period of six months for
the offence under Section 120-B IPC; to undergo
simple imprisonment for a period of two years for
the offence under Section 147 IPC; to undergo
simple imprisonment for a period of three years for
the offence under Section 148 IPC and to undergo
rigorous imprisonment for life and also to pay a
fine of Rs.1,000/-, in default of payment of fine, to
undergo imprisonment for a period of three months
for the offence under Section 302 read with 149
IPC.
Learned counsel for the petitioner would
submit 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.1, he would be entitled
for bail. He would also submit that Accused Nos.1,
7 & 8 were already enlarged on 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;
(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
2016 (3) ALT (Crl.) 505 (DB) (A.P).
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 states that the case
of the petitioner does not fall within any of the
exceptions laid down in the said judgment and that
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 as the 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/accused shall be
enlarged on bail on 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 II
Additional Judicial Magistrate of First Class, Eluru.
However, the petitioner/accused shall report before
the concerned Police Station once in a month i.e.,
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 the appeal or violated the conditions
imposed supra, liberty is given to the learned
Public Prosecutor to take steps accordingly.
___________
CPK, J
___________
BVLNC, J
Vjl/Asr
