Andhra Pradesh High Court - Amravati
Kuruba Mohan vs State Of Ap., on 1 March, 2023
*ep.,
_ IN THE HIGH COURT OF ANDNRA PRADESH AT AMARAVA
WEDNESDAY, THE FIRST DAY OF MARCH
TWO THOUSAND AND TWENTY THREE
PRESENT:
THE HONOURABLE SRI JUSTICE AV SESHA SAI
AND |
THE HONQURAGBLE SMT JUSTICE VENKATA JYOTHIRMA! PRATAPA
iA No, 1 OF 2025
IN "
CRLA NO: 1347 OF 2018
we
Between: ;
Kuruba Mohan, S/o. &. Srearamulu, aged about 25 years, RfYo. Kanchi
Samudram Vilage, Radcdam Mandal, Anantaouramu District.
Petitioner/Appellant
AND
The State of Andhra Pradesh, ren. by the Public Prosecutor, High Court of
Andhra Pradesh at Amaravati, Guntur District, thraugh Station House Cicer,
FPenugonda Police Station, Ananthapur District,
Raspandent
Counsel for the Petitioner: SRiK SRINAAS a
Counsel for the Respondent: PUBLIC PROSECUTOR
. --
Fatition uncer Section 389(1} of Cr P.O praying that in the circurnstances
stated in the grourids Hed in support of the petition, the High Court may be pleased
fo release the peliioner on ball by suspending the sentenced imposed in S.C.No.
S57 of 2017 dt 18-07-2078 on fle of the if Addi. District and Sessions Judge,
Hindupur, Ananthapur District in SO.No.251 of 2017 dated 18.01.2018 and enlarge
the Fetitioner on ball, pending disposal of C/RLA No. 1347 of 2018, on the fle of the
High Court,
The court while directing issue of noties to the Respondents herein to show
cause as io why this application should not be cornplied with, made the following
order.(The receipt of this order will be dewmed fo be the receipt of notios in the
case). The Gait made the following
ORDER:
"TRis application is filed under Section 389(1}) of Code of Criminal
Procedure, seeking ball on behalf of the sole accugec in S.C.No.351 of 2047 for
grant sof Dall. By way of the fudgment, dated
18-01-2018, the H Additional District & Sessions Judge, Hindupur, Ananthapur
District, canvicted the appellant-petitioner for the offences punishable under
Section 302 IPC and santenced him fo underge rigorous imorlaenment for ifs
and also convicted him for the offences punishable under Section §06 IPC and
sentenced him te undergo simple imprisonment for a period of one {7} morth.
in the present application, the petiticner is seeking ball by placing
reliance on the judgment of the Compasite High Court of Andhra Pradesh in
the case of Batchu Rangeras and offers vs. State of Andhra Pradesh reporied --
in [2076 63) ALT(CRE} 808 (D.B. In the said judgment the Composite High
Gourt of Andhra Pradesh laid down the following yquidelines to be adhered to
while considering the ball anplications of the present nature.
(F} A person who is convicted for Ife and whose appeal is pending
Sefore this Court is entitled to apply for ball affer he has undergone
a minimum of five years imprisonment follawing his convietion;
{2} Grant of ball in favour of persons falling in (7) supra shall be subject
fo his good conduct in the jail, as rsparted by the respective Jal
Superintendents;
{3} in the following categories of cases, the convicts will nat be endded
fo be reipased an ball, desolte their satisiving criteria in (1) and (2)
Supra:
The offences mlating to rape coupled with murder of minar children
deecolly, murder for gain, Ridnapring for ransem, killing of the pudlic
servants, the offences falling ander She National Security Act and
the offences pertaining to narcotic drugs.
(i) While granting Sail, the two following condition apart from usual
conditions fave to be imposed, viz. (1) the angedants on bail must
Se present before the Court af te Nme of fearing of the Criminal
Appeais; and (2) ihey must report in the respective Police Stations
ance ina month during the ball period,
The inetructions furnished by the Superintendent of Jails, Central
Prison, Kadapa, are placed an record by the feamed Public Prosecutar,
According to the said inefructions the conduct of the petitioner is
satisfactory and he has completed more than Ave (5) years of actual sentence.
itis not the case af prosecution that the instant case falls under the exceptions
as mentioned in the guideline No.3 of the aforesaid guidelines.
For the aforesaid reasons, this petition is allowed, directing enlargement
of the petitioner on ball subject to the petitioner executing a personal bond of
Rs.50,000/-(Rupees Fifty Thousand only} with two (2) sureties for the Hike sum
each to the satisfaction of the Court of the Judicial First Class Magistrates,
Penugondsa, Anantapur District.
His also made clear that the petitioner shall atend before the Court of
the Judicial First Clasa Magistrate, Penugonda, Anantapur District, on one (1)
day in the first week of every month pending appeal and if the same is not
adhered to, the same be brought to the notice of this Court for paasing
nesessary ordera for cancellation of ball.
it is further made clear that at the time of hearing of the appeal the
petitioner shall be present before this Court."
FTRUE COPYH
Ta,
The Judicial Fret Class Magistrate, Penugonda, Anantapur District.
The ff Addl. District ancl Sessions Judge, Hindupur, Ananthapur District
The Superiniendent, Central Prison, Kadapa.
The Station House Officer, Penuganda Police Station, Ananthapur Distrigh
One CC fo Sri K Srinivas Advocate [OPUC]
Two CGs to Public Prosecutor, High Court of AP. [DUT]
One spare copy
C24 ORB OS BS
NP
HiGH COURT
AYSSJI & VUPU
DATEDOU/GS/2023
BAH. ORDER
LANO.? OF 2023
iN
CRLA.NG.1347 of 2018
ALLOWED
