Kagithala Srinivas Rao Srinu ... vs The State Of A.P
2023 Latest Caselaw 1549 AP

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE No: Crl. A. No. 2432 OF 2018

PROCEEDING SHEET

SL. DATE ORDER OFFICE NO. NOTE 20.03.2023 AVSS, J & VJP,J

I.A.No.1 OF 2023 This is an application, filed under Section 389(1) of the Code of Criminal Procedure, seeking bail.

Main Criminal Appeal came to be preferred by the petitioner-accused against the judgment dated 30.10.2017 passed by the Court of the learned I Additional District and Sessions Judge, West Godavari, Eluru, in Sessions Case Nos.203 of 2012 & 223 of 2017. By way of the said judgment, the learned Sessions Judge convicted the accused- petitioner herein for the offences punishable under Sections 120-B, 147, 148 and 302 r/w 149 I.P.C., and sentenced him to undergo life imprisonment.

In this application, the petitioner is seeking bail by placing reliance on the judgment of the Composite High Court of Andhra Pradesh in the case of Batchu Rangarao and ors., Vs., State of Andhra Pradesh reported in [2016(3) ALT (Criminal) 505 (AP)]. In the said judgment, the Court laid

Crl.A.No.2342 OF 2018

SL. DATE ORDER OFFICE NO. NOTE down the following guidelines, while considering the bail applications of the present nature:

"(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 failing 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 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."

Instructions furnished by the jail Superintendent are placed on record by the learned Public Prosecutor. According to the said instructions, the conduct of the petitioner is satisfactory and he has completed more than five years of actual sentence. It is not the

Crl.A.No.2342 OF 2018

SL. DATE ORDER OFFICE NO. NOTE case of the prosecution that the instant case falls under the exceptions as mentioned in the aforesaid decision.

For the aforesaid reasons, this petition is allowed, directing enlargement of the petitioner on bail subject to the petitioner furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the Court of the learned II Additional Judicial Magistrate of I Class, Eluru. It is made clear that the petitioner shall attend before the said Court on one 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 passing necessary order for cancellation of bail. It is further made clear that at the time of hearing the appeal, the petitioner shall be present before this Court.

________ AVSS,J

________ VJP,J Ks