Polipalli Kalidasu A1 vs The State Of Andhra Pradesh
2023 Latest Caselaw 2874 AP

       HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: Crl.A.No.290 of 2022

                            PROCEEDING SHEET

Sl.
                                            ORDER

No      DATE
3     04.05.2023   AVSS, J & DVR, J
                                       IA.No.1 of 2023

Heard Sri Shaik Meeravali, learned counsel for the petitioner and Sri S. Venkata Sainath, learned Assistant Public Prosecutor for the State.

This is an application filed under Sub- Section (1) of Section 389 of the Code of Criminal Procedure, 1973, seeking enlargement of Accused No.1/petitioner herein in S.C.No.179 of 2015 on the file of the Court of the X Additional District & Sessions Judge, Visakhapatnam at Anakapalle, on bail. By way of judgment dated 30.04.2018, the learned Additional District & Sessions Judge found Accused No.1/petitioner herein guilty of the offences punishable under Sections 302 and 380 of IPC and sentenced him to undergo life imprisonment.

According to the learned counsel for the petitioner, in view of the judgment of the Composite High Court of Andhra Pradesh in Batchu Ranga Rao and others v. State of Andhra Pradesh in Crl.A.M.P.No.1687 of 2016 in Crl.A.No.607 of 2011, since the petitioner herein has completed five years

of actual sentence followed by conviction, he is entitled to be enlarged on bail.

Learned Assistant Public Prosecutor has strongly opposed the application by contending that since the offence was committed by the petitioner for gain, he falls under the exceptions carved out in the above referred judgment of the Composite High Court of Andhra Pradesh.

A perusal of the material available on record prima facie shows the same.

For the aforesaid reasons, this Application is dismissed.

________ AVSS, J

________ DVR, J Vjl