Kanchi Muralikrishna Chinni ... vs State Of Ap.,
2023 Latest Caselaw 2721 AP

Citation : 2023 Latest Caselaw 2721 AP
Judgement Date : 2 May, 2023

Andhra Pradesh High Court - Amravati

Kanchi Muralikrishna Chinni ... vs State Of Ap., on 2 May, 2023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAg:
TUESDAY ,THE SECOND DAY OF MAY
TWO THOUSAND AND ll^/ENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE A V SESHA SAl
AND
THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RAMANA
IANo.1 OF2023
lN
CRLA NO: 2012 OF 2018
Between :

Kanchi Muralikrishna @ chinni K.rishna, S/o. Appa Rao, Aged about 32 years,
R/o.32nctDivision, Chapala Toomu Centre, Kothapet, Eluru, West Godavari district.

. . . Petitioner/A.1
(Petitioner in CRLA 2012 OF 2018
on the file of High Court)
AND
The state of Andhra Pradesh, rep. by the public prosecutor, High Cou~rf of A.P., at
Amaravati .

...Respondent/Complainant
(Respondents in-do-)

Petition under Section 389(1) Cr.P.C is filed praying that in the circLlmstances
stated in the affidavit filed in support of the petition, the High Court may be pleased
to suspend the execution of the sentence fated 12-02-2018, passed in S.C.No. 34 of
2014 on the file of I Additional Sessions Judge, Eluru, West Godavari District and
release the petitioner on bail and to pass Pending disposal of CRIA No. 2012 of
2018, on the file of the High Court.

The petition coming on for hearing, upon perusing the petition and the
affidavit filed in support thereof and order of High Court dt. 06-05-2021 made in
I.A.No.1 of 2O21; order dt. 09-07-2021 made in I.A.No.2 of 2021 and order dt. 09-
09-2021 & 16-09-2021 made herein and upon hearing the arguments of sri D
PURNACHANDRA REDDY Advocate for the petitioners and of public Prosecutor for
Respondent ,the Court made the followl®ng

ORDER

lfHeard Sri D. Purnachandra Reddy, learned counsel for the appellant-

petI-tiOner herein and the learned Public Prosecutor for the State.

The accused No.1 in Sessions Case No.34 of 2014 on the file of the I AdditI-Onal Sessions Judge, West Godavari District at EIuru, who is the appellant in the main appeal, filed the present Application under sub-section (1) of Section 389 Cr.P.C., seeking his enlargement on bail. By way of the judgment dated 12.02.2018, the learned I Additional Sessions Judge, West Godavari District at E!uru, convicted the petitioner along with 7 others for the offences punishable under Section 120-B read with 149 I.P.C., and Section 302 read with 149 I.P.C., and sentenced him to undergo rigorous imprisonment for life, apart from other punishments.

ln the present Application, it is stated by the learned counsel for the petitioner that except the petitioner, the remaining accused were released on bail in the Criminal Appeals. lt is further stated that the son of the petitioner v,'z., Kanchi Pardhu Aparendra fell ill with severe stomach ache and subsequently, it was diagnosed as appendicitis, for which he underwent surgery on 23.04.2021. lt is also stated that due to the post operative complications, the condition of the son of the petitioner became very critical and presently, the boy is completely bed ridden and he is not in a pQSitjOn tO carry out his day to day activities on his own. Earlier, the petitioner was enlarged on interim bail upto 27.05.2021 and thereafter, he surrendered on the even date. Subsequently, on 09.09.2021, the petI-tiOner Was enlarged On bail SO also on 15.ll.2021. lt is further stated that after such release on bail, in| order to safeguard the life of his son, according to the petitioner, a room in his house itself is made ready with adequate medical facilities and in view of the treatment and the attention paid, there is a slight improvement in the condition of the boy and at present, liquid food is being given to the boy through pipes. While stating so, a request is made by the petitioner herein to enlarge him on bail. Learned counsel for the petitioner submits that if the petitioner is released on bail, he will be able to loolt after his son.

ln fact, an affidavit of Jagurothula Satyanarayana, the de-facto complainant in Sessions Case is also filed, wherein the paragraph No.4 reads as followsl-

"4. I submit that so far as the present case is concerned A5 to A8 were released on bail in the year 2O21 itself and that recently A3 and A4 were also granted bail and that as submitted above even the petitioner was released earlier on different occasions and that all of us are leading our respective lives in a very peace full manner. I submit that, -In View Of the Case and COunter Cases, both Sides suffered a lot and that at present we buried all our disputes and living peacefully. When we came to know about the fact that the

?ftiti?.nor:.s oTIy son went into coma, we felt very bad and especially the sit¥.ati?n is_ very pathetic when it comes to his family sir-uggle Jo save :h.i..boy_'s life.__I humbly submit that there `is absolu{dly no possibility of any disturbance in our locality in the event ;f the release the petitioner on bail and in fact earlier on three different ?ccasions the petitioner was released on bail and that no untoward ircident took place at any time. As submitted, most of the accused in this. Gas.f yore granted bail and that all of us are living in the Same locality in very cordial terms."

Along with the present Application, Photographs of the petitioner's son so also med[-cat record filed.

The instructions furnished by the sub-Inspector of police, Eluru II Town police Station, Eluru, EIuru Dl-strict, are filed by the learned Public Prosecutor stating that the opponent group of the petitioner is awaiting an opportunity to get revenge against the petitI-Oner and there is anticipation of attacking one against another which may lead to severe law and order issues.

ln view of the averments mentioned in the affidavit filed by the de-facfo complaI-nant and having regard to the interim bails granted earlier, this Court is inclined to enlarge the petl-tioner on bail for a limited period.

For the aforesal-d reasons, the petition is allowed, directing enlargement of the accused No.1-petitI-Oner herein on bail for a period of two (o2) months commencing from o4.05.2023 to 01.07.2023, subject to the petitioner furnishing a Personal bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties for the like sum each to the satI-SfaCtiOn Of the Court of the learned II Additional Judicial Magistrate of First Class, EIuru. lt is made clear that the petitioner shall surrender before the jail authorities by 5.00 P.M., on 01.07.2023."