Sukuru Bheema Raju vs The State Of A.P.,
2023 Latest Caselaw 2848 AP

Citation : 2023 Latest Caselaw 2848 AP
Judgement Date : 4 May, 2023

Andhra Pradesh High Court - Amravati

Sukuru Bheema Raju vs The State Of A.P., on 4 May, 2023

\.

                           THURSDAY, THE FOURTH DAY OF MAY
                           TWO THOUSAND AND TWENTY THREE
                                      :PRESENT:
                       THE HONOURABLE SRI JUSTICE A V SESHA SAI
                                         AND
                 THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RAMANA

                                             lANo.1 OF2023
                                                     IN
                                        CRLA NO: 1328 OF 2017
     ``~` Betwee n :

                sukuru Bheema Raju, S/o. Latchanna Dora, Agriculture, R/o. Mula Boddavara
                Vilalge, S.Kota Mandal, Vizianagaram District.
                                                                     ... pet'ltioner/Appellant/Accused
                                                AND
                The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of
                Judicature of the Andhra Pradesh at Amaravathi.
                                                                                       ...Respondent
             -``-petition under section 389(1 ) of Cr.
                                                             ;lJrjg¢Ing that in the Circumstances Stated
        -ln the grounds f'lled in Criminal Appeal, the
                                                         : Hiiggj Court may be pleased to enlarge the
        petitio-ner/Appellant on bail in S.C.No.03/2017 on the file of in the Court of Judge,
        Family Court Gum Ill Additional Sessions Judge, Vizianagaram, Andhra Pradesh, vide
        its Judgment dt.15.03.2017, pend'lng disposal of CRLA No. 1328 of 2017, on the file
        of the High Court.
             -`''`The petition coming on for hearing, upon Perusing the Petition and the

         memorandum of grounds filed in support thereof and upon hearing the arguments of
         sri Kolusu Ravikiran Kumar, Advocate for the Petitioner and of Public Prosecutor for
     ''- the Respondent, the Court made the following
          ORDER:

f{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 15.03.2017, passed by the Court of the learned Judge, Family Court-cum-Ill Additional Sessions Judge, Vizianagaram, in sessions case No.03 of 2O17. By way of the said judgment, the learned Sessions Judge convicted the accused-petitioner herein for the Offence Punishable under sections 302 I.P.C., and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.goo, in default, to suffer simple imprisonment for three months.

ln 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 Bafchu Rangarao and ore., vs., state of Andhra Pradesh reported -ln F2016{3, AL.I (crI'minaI) 5O5 (AP)I. ln the said judgment, the court laid down the following guidelines, while consI-dering the bail applicatl-ons of the present nature:

"h(!)+^£ap+eh:s.orn`^x3o=_is__c.:1Pylct.=d_ for. lit.e a.nd..wpose appeal is pending b_ef_oEr=.i.hpe_PIS.:_rt_ i_3 _:_?t±itled. to apply. f_or _ bii_I -atirS;r -h: rEi:; i ;derr-i:::ga minimum of five years imprisonirerit following his-dro;Jirctir;:;

(+2^) Gh:.an:^o:Jba!I_i:jf_:pr:_ olf._PerSPns failing in (I) _supra shall be subject tea..h_5s_I_g.a_a_dJ_C_2_n_duct in tire jail, as rerirte`d I ij--i-vie-;i:i-p-eitiJ::i:ill Superintendents ;

(.3_) !n_i_h_3 _i?I_loving.ca.!eg_aries of_cases, the convicts will not be entitled teonbnerlr.eleased on bail, despite their sitisfying th=-iriiii-r;i-i-n~(i )-;;Ji2-) SuPra:

TJh_e_ _O±Pences .rela_ting tp r?pe coupled with murder of minor children d.a^c_:!!:_m.uLr_de_rmf_a_r_g?iT, ,Fidnappjing for _ran_si-wi,--kiI-Ii;;-;i-ivi: -;-u-ti:,: s^ettTa_!t_s_, !h_e|_oEP£__n_:?s falling. un.der the National-Security A-6i-a';-a-{rie offences pertaining to narcoftic drugs.

(_4±_WJPliEI_e_grLa?_ting b.ail,. the two_ fo_IIowing conditions apart from usual c_a_!!i_i_i_olP_s.have..to b_e impos3d, ViZ., (1) the appeIIa;i:I-dr; -i=-Iir-is;:i-:i parneASe,n.:?Lef^:.re_i.!=,C_a_u_T_ft.th?.time of -he?rin-g_-of the cviisiirii ii;i;i:; a_n!_(.2L) _:_Psy n]rst. report _in _i_fie respective -poll;i-sit;i;;;:-i:cr;;;i 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 case of the prosecution that the instant case falls under the exceptions as mentioned in the aforesal-d decision.

For the aforesaid reasons, this petition is allowed, directing enlargement of the petitioner on bail in S.C.No.03 of 2017 on the file of the court of the learned Judge, Family Court-cum-Ill Additional Sessions Judge, Vizianagaram, subject to the petitioner furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) wl'th two sureties for the like sum each to the satisfaction of the Court of the learned Judicial Magistrate of First class, S. Kota. 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 bai[I It is further made Clear that at the time Of hearing the appeal, the

petitioner shall be present before this Court."