Velpula Siva Prasad And 4 Others vs The State Of A.P.,
2023 Latest Caselaw 1551 AP

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE No: Crl. A. No. 777 OF 2018

PROCEEDING SHEET

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

I.A.No.1 & 2 OF 2023 These are the applications, filed under Section 389(1) of the Code of Criminal Procedure, seeking bail.

Main Criminal Appeal came to be preferred by the petitioner in I.A.No.1 of 2023- accused No.3 and petitioners in I.A.No.2 of 2023-accused Nos.1,4 and 5, against the judgment dated 07.02.2018 passed by the Court of the learned X Additional District and Sessions Judge, Gurazala, in Sessions Case No.422 of 2014. By way of the said judgment, the learned Sessions Judge convicted the accused No.1, 3, 4 & 5-petitioners herein for the offence punishable under Section 302 IPC and sentenced them to undergo life imprisonment and for the offence punishable under Section 499 IPC and sentenced them to under to rigorous punishment for a period of 10 years.

In these applications, the petitioners are seeking bail by placing reliance on the judgment of the Composite High Court of

Crl.A.No.777 OF 2018

SL. DATE ORDER OFFICE NO. NOTE 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 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

Crl.A.No.777 OF 2018

SL. DATE ORDER OFFICE NO. NOTE learned Public Prosecutor. According to the said instructions, the conduct of the petitioners is satisfactory and they have completed more than five years of actual sentence. It is not the case of the prosecution that the instant case falls under the exceptions as mentioned in the aforesaid decision.

For the aforesaid reasons, these petitions are allowed, directing enlargement of the petitioners on bail subject to the petitioners furnishing personal bonds of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for the like sum each to the satisfaction of the Court of the learned I Additional Junior Civil Judge, Gurazala. It is made clear that the petitioners 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 petitioners shall be present before this Court.

________ AVSS,J

________ VJP,J Ks

Crl.A.No.777 OF 2018