Andhra Pradesh High Court - Amravati
Ganjala Durga Rao vs The State Of A.P on 10 May, 2023
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
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WEDNESDAY, THE TENTH DAY OF MAY,
ll^/o THOUSAND AND TWENTY THREE
:pRESENT'.
THE HONOURABLE SRI JUSTICE A V SESHA SAI
AND
THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RAMAN
IANo.1 OF2023
lN
CRLA NO: 2162 OF 2018
Between-.
Ganjala Durga RaoI S/o Ramudu, Hindu, 33 years, C/o. Gowda, Cooli, R/o.
Kordkollu Village, Kal'ldindi Mandal, Krishna District
...Appel'ant/Pet®ltioner/Accused
AND
The State of A.P, Rep., by its Public,Prosecutor, High Court of Hyderabad for State
of Andhra Pradesh through Inspector Of P6lice, Kaikalur Circle, Kalid'lndi S.H.0.,
po,ice station, Krishna District I` ...Respondent/Compla|lnant
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petition under section 389(2)'6f cr.p.c.,1973 praying that in the
circumstances stated in the memorandum ,of` grounds filed in support of the petition,
the High Court may be pleased Suspend the Operation of the Judgment in S.C.
No.337 of 2010, dated 25-04-2018 on the fill6_of the XI Additional District & Session
Judge: Gudivada of Krishna District by ehfarging the Bail to the Appellant/Petit'loner
bending disposal of CRLA No. 2162 o|f. 2018,,'~on the file of the High Court.
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counsel for the petitioner :Sri G`',SIMHADRI
counsel forth6 Respondent :PUBLIC-PROSECUTOR
The Court made the following utr`;-.,I.llrfj;`r=..i ,1
•ORDER:
llThis is an application, filed uhder Sect'lon 389(1) of the Code of
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Criminal Procedure, seeking bail. .i
IVlain Criminal Appeal came iOl`,be Preferred by the Petitioner-accused
aga'lnst the judgment dated 25,04.201`'8, Passed by the Court of the learned Xl
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Addit'lonal District and Sessions Judge,ill,_Krishna, Gudivada, in Sessions Case
No.37 of 2010. By way of the Said iud.gment, the learned Sessions Judge
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cony-lcted the accused-pet'ltioner h`arein for the offences punishable under
sect|lons 3O2 and 307 I.P.C., and s`ehtch'Ced tO undergo imprisonment for life
and to pay fine of Rs.2,000/-, in defa`u.I,t, to Suffer r'lgOrOuS imprisonment three
months for the offence punishable `under section 3O2 I.P.C., and tO undergo
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rlgorous imprisonment for five yeats` `am'd to pay a fine of Rs.1,000/-in default;
to undergo rigorous imprisonment for two months for the offence punishable
under Section 307 I.P.C.
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In this appll'cation, the petiti6hvyS;gr. is~seeking bail by placing reliance on
the judgment of the composite High:,"¢bori'-rt of Andhra Pradesh in the case of
'Batchu Rangarao and ore., vs., sta<tp` of Andhra Pradesh reported -l: ;;;;6(-;,
ALT (Criminal) 505 (AP)I. ln the satdl'udgment, the court laid down the`
following guidelines, while considerI-ng the bail applications of the present
hature:
"(1) A person who is convicted for` life and whose appeal is pending
before this court is entitled to :%;ilfy`for bail after he has undergone a
minimum of five years imprisoh€`die`hitfollowing his conviction;
(2) Grant of bail in favour .of pprs,pns failing in (1) supra shall be
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subject to his good conduct.i;..fS± jail, as reported by the respective I
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Jail Superintendents ; ::`,i`J ir.'±ev+,-_
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(3) In the following categories:of .cvases, the convicts will not be
entitled to be released on bail,n`d9S,Pjtel their Satisfying the criteria in (1)
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and(2)supra: i I:.; ,`,\
The offences relating to rape c.ou_plea with murder of minor children
dac:oily, murder for gain, kidnaplfhig :'for ransom, killing of the public
servants, the offences falling yncI.er.:the National Security Act and the
offenses pertaining to narcotic drugs.
(4) While granting bail, the twb tbI!quing conditions apart from usual
conditions have to be imposed';`;i`-a;.-; (1) the appeIIants on bail must be
Present before the Court at:`:the <time of hearing of the criminal
Appeals,' and (2) they must` rebch in the respective police Stations
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once in a month during the bail bet;iba.''
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Instructions furnished by the jail superintendent are placed on record
by the learned public prosecutor.'''Ac6-6rrding to the said instructl'ons, the
conduct of the petitioner is satisfaclto+';`ahd he has completed more than five
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years of acttJal Sentence. lt iS not th6 6a;e of the prosecution that the instant
case falls under the exceptions as mentioned in the aforesaid decis'lon. I
For the aforesaid reasons, this Petition iS allowed, directing enlargement
of the petitioner on bail in s.c.No.37`6f 2O10 on the f-Ilo Of the Court of the
learned xl Additional Distr'lct and S€6S§3iqtis`:rJudge, Krishna, Gudivada, Subject
io the petitioner furnishing a persorrial,i bond of Rs.10,00O/- (Rupees Ten
irhousand only) with two sureties for._t`+e like sum each to the satisfaction of
the court of the leamed Judicial Magistrate Of F-lrst Class, Kaikaluru| lt iS
made clear that the petitioner sha" +ati6'h'd before the sa-Id Court on one day in
the first week of every month, p6nd£ng\,`a|bPeal and if the Same iS not adhered
to, the same be brought to the notice of.th`is court for passing necessary order
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for cancellation of bail. ]t iS further`ma:dehiC`lear that at the time Of hearing the
appeal, the petitioner shall be present_ befO-re this Court." I +i, },.!l it.; .I
I::i-,,.. , ,i_`,i-I
sd/- K. RAJA BABu:
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ASSISTANT
Im*uE±CtoPY II
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E i For ASSISTANT
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| ' The Jud®lcial
I I |\+ \.|\^\^``.'_' Magistrate
'`'-a-----__ _ Of F'lrst Cla§sl,A Kalkaluru
2. The XI Additional D'lstrict and SeS;i-dh-s Judge, Krishna, Gudivada.
i 3. The Stat'lon House Off'lcer, Kaltdindjl,Police Station, Ka'lkalur C'lrcle, Krishna
District. , a
4. The Superintendent, Central Prison, 'Machilipatnam, Krishna Distr'lct.
5. One CC to SRl, G SIMHADRI Advo?ate.[OPUC]
6. Two CCs to Public Prosecutor (AP)H,itg,rJ Court of Andhra Pradesh [OUT]
7. Onespare copy i-I
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HIGH COURT
AVSSJ &
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DATED:
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10/O5/2023
ORDER
iANo.1 OF2023
lN
CRLA NO: 2162 OF 2018
DIRE CTION
fa
10 MAY2un
