Ganta Sarojini, Wg.Dt 3 Otrs., vs State Of Ap., Rep Pp.,
2023 Latest Caselaw 2939 AP

Citation : 2023 Latest Caselaw 2939 AP
Judgement Date : 8 May, 2023

Andhra Pradesh High Court - Amravati

Ganta Sarojini, Wg.Dt 3 Otrs., vs State Of Ap., Rep Pp., on 8 May, 2023

                 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA
                             MONDAY, THE EIGHTH DAY OF MAY
                           ll^/O THOUSAND AND TWENTY THREE
                                       :PRESENT.I
                      THE HONOURABLE SRI JUSTICE A V SESHA SAI
                                      AND
              THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RA

                                                lANo.1 OF2023
                                                       lN

  Between:                        CRLA NO: 454 OF 2017 ,
        Ganta Venkata Rao, S/o Yallayya, Aged 50 years, R/o Near Bosu Bomma
        center, Ramalayam street, Kapulagattu, chataparru village, Eluru MandaI,
        West Godavari Dl'strictI Andhra Pradesh
                                                                  ...PetitI'Oner/2nd Appellant/A-2

                                          AND                                          EZE

           The State of Andhra Pradesh, Rep., by its public Prosecutor, HI'gh Court at
           Amaravathi.

                                                                                   ...Respondent

 cc:uu:ss:: ff:rr tthh: pB:ttiittii:nn:rr:I   SUR:CLrCAp+:AdsSER:NuITVo?SA REDDY

       petition under section 389(1) of Cr.P.C prayl'ng that in the circumstances
stated jn the grounds filed in support of the petition, the High Court may be pleased
to release the petitioner on bail by suspending the sentence passed in s.c.No.159
of 2014, Date: 17-04-2017 by the Court of the VII AddI. Distrlct and sessions Judge,
vest Godavari at Eluru, pending dl'sposal of CRLA No. 454 of 2017, on the fI'le Of the
 High Court.

       The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order vyiII be deemed to be the receipt of notice in the
case). The Court made the foIIowlng

ORDER:

lfThis is an application, filed under section 389(1) of the code of

Criminal Procedure, seeking bail.

Main Criminal Appeal carie to be preferred by the petitl'oner-accused No.2 against the judgment dated 17.O4.2017, passed by the court of the learned vlI Additional Djstrjct and sessions Judge, West Godavarj, EIuru, in sessions case No,159 of 2014. By way of the said judgment, the learned sessions Judge convI-Cted the accused No.2-petjtl-oner hereI-n for the offence

punishable under sectl'ons 302 I.P.C., and sentenced to undergo rigorous imprisonment for life and tO Pay fine Of Rs.1,000, in default, to suffer simple imprisonment for one month. The appellant No.4-accused No.4 in S.C.No,159 of 2014 was already enlarged on bail v,-c'e order dated 20.09.2022 in I.A.No.1 of 2022 in Crl.A.No.454 of 2017.

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 Batchu Rangarao and ore., Vs., State of Andhra Pradesh reported -ln [2016(3, ALT (Criminal) 505 (AP)I. ln the said judgment, the court laid down the following gujdeljnes, while cons]-derjng the bail applications of the present nature:

".(1)_ A pe[so_n who_ is a?pvipted for life and whose appeal is pending befo.re this 99urt iS ent_itled to apply for bail after he-rias und6rgone-a minimum of five years imprisonment following his conviction;

(2)_erant of bail in favour of persons failing in (1) supra shall be s_uP_je_ct to _his gpod conduct in the jail, as reported by the respective Jail Superintgrdents;

(3) In the following categories of cases, the convicts will not be entifI£_! 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, mL!rder__for gairl, kidnapping for ransom, killing of the public se_ryants, the offences falling under the National Security Act and the offences pertaining to narcotic drugs.

(4) W_Pi_Ie granting bail, the two following conditions apart from usual conditions have to be imposed, viz., (1) the appeIIants 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. lt 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, this petition is allowed, directing enlargement of the petitioner on bail in S.C.No.159 of 2014 on the file of the Court of the learned VII Additional DistrI'Ct and Sessions Judge, West Godavari District, EIuru, subject to the petitioner furnishing a personal bond of Rs.20,OOO/-

(Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the court of the learned special Judicial Magistrate of First Class (Excise), EIuru. lt 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. lt is further made clear that at the time of hearing the appeal, the petitioner shall be present before this Court."