Andhra Pradesh High Court - Amravati
Pavuluri Podili Audi Narayana vs State Of Ap on 10 May, 2023
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE TENTH DAY OF MAY
TWO THOUSANDAND ll^/ENTYTHREE / \`
:PRESENT:
THE HONOURABLE SRI JUSTICE A V SESHA SAI
AND
THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RAMANA
IA No. 3 OF2023
IN
CRLANO:1157OF2018 J
Between:
Pavuluri @ Podili AudI' Narayana, S/o. Venkata Swamy, Aged 33 years, R/o.
Pamidipadu, Korl'sapadu mandal, prakasam District.
...Petitioner/Accused No.1 f>d,,
AND
The State of Andhra Pradesh Rep. by its Public Prosecutor, High Court of
Andhra Pradesh, At Amaravati. -/
...Respondent
Petition under section389(1) of Cr.P.C praying that in the circumstances
stated in the grounds filed in support of the petition, the High Court may be pleased
to suspend the execution of sentence passed against the petitioner/accused No.1
viz., Pavuluri @ podili Audi Narayana in S.C. No. 78 of 2015 on the fl''e of the VII r,,
Addl. District & Sessions Judge, Prakasam District at Ongole, dt. 24.01.2018 and
release the petitioner on bail, pending disposal of CRLA No. 1157 of 2018, on the
file of the High Court.
Counsel for the Petitioner: SRI VENKATESWARLU SANISETTY ;
Counsel for the Respondent: PUBLIC PROSECUTOR ,
The Court made the following
ORDER:
ff This is an application, filed under section 389(1) of the Code of
Criminal Procedure, seeking baiII
Main Criminal Appeal came to be preferred by the petitioner-
accused No.1 against the judgment dated 24.01.2018, passed by the
Court of the learned vlI Additional District and Sessions Judge,
prakasam District at ongole, in sessions case No.78 of 2015. By way of
the said judgment, the learned Sessions Judge convicted the accused
No.1-petitioner herein for the offence punishable under sectl-ons 302
E=
I.P.C., and sentenced tO undergo imprisonment for life and tO Pay fine Of
Rs.200/-, in default, tO Suffer Simple imprisonment for 15 days.
ln th-ls 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 in [2016(3) All (Cr-lminal) 505 (AP)I. ln the said judgment, the
court laid down the following guidelines, while considering the ba-ll
applications of the present nature:
''/ 7/ A
ncor;ii=';;-tiiili6 i;-=iily for
person who iS COnViCfed_ forbail after
lil.e?.nd he_ has irndergOne a minimum Of
yh?i??_P_PJe_a_I_!S_Pe_nd±:_g_b.:I_or^e,
this
five years imprisonment following his conviction;
(2) Grant of-c5-;i-iri{
\;ls--;;6i- in ?i th;
bail -In faVPur jail, failing
Pe.rS.Pns as reborted by the respect-IVe Jail
_ip|_(I.) sL:?r?LS_ha!I^3_e^s^%!,j^ect ,t.3I
Superintendents;
`;gI===-ed on bail,categories
(3) In the following -despit-aOf
their Satisfying
ease.S, the Criteria in\n_a_tJb:.Fn_:i.t!=^d.
tP.e cop.v_i_ft_s=yi,Iy (1) and (2) supra: to be
-;Jrair-ii;
The offenCeS-g=i-;-, -kianapping
relating to rapefor -ren_sam,
COuPIed _*illi_ng
with of fh.?
y!_I_rder pTE'!S_ _s_e_rv_a_a_ts_,E_tEh_e~
9f.Tinor.C.rildr_a_n_ _d_ale_OiltLy:
';ri-;ff:a;falifi-;d' ;;der -the riatiOnaI Security Act and the OffenCeS Pertaining
to narcot-IC drugs.
`;6niii;i-g;s-rig;-a
(4) While granting i-a bethe
bail,_ 'imposed, viz., (1) co_n_]_it_i:!_Sl_aP_a_rill_r=Pm_..u_3uha!
tw_a i.alloy.i`ng. the apppIIa_nts pn .b_ail mTSt bel
-;;;==drrit-i;ei;i;i ih; court a;i the tim.e of_hSarin_s?I_{ft_e _c_r!Ti=n_a! A_p_p_e.aLIsr..sin_d~
72Ji;i; -rfdSt 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 petit-loner 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 aforesaid decis-lon|
For the aforesaid reasons, this Petition iS allowed, a-lreCting
enlargement of the petit-loner on bail in SIC.No|78 of 2015 on the file of
the court of the learned vll Add-ltional D'lstrict and Sess-IOnS Judge,
prakasam District at Ongole, subject tO the Petit-lOner furnishing a
Personal bond of Rs.10,000/- (Rupees Ten Thousand only) with two
sureties for the like sum each to the satisfaction of the court of the
learned Additional Judicl-al Magistrate of First CIass, Addanki. lt is made
clear that the petitioner sha" 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. It is further made clear that at
the time of hearl-ng the appeal, the petitioner shall be present before this
Court."
SD/-K.`I. RA.JA BAB{J'
..,4SSISTAjV'r ltE(;'|ys1-'}
//TRUE COPY//
For SECT'IONoFFJCFJI{
To]
1. TheAdditional Judicial Magistrate of First Class, Addanki `z7
2. The VII Additional District and Sessions Judge, Prakasam District at
Ongole
3® The Superintendent, central prison, Nellore. Zzal
4. One CC to SR[ VENKATESWARLU SANISETTYAdvocate [OiuC] .. .
5. Two CCs to Public Prosecutor, High Court ofA.P. [OUT]
6. Onesparecopy
E=
HIGH COURT
AVSSJ
&
DVRJ
DATED:10/05/2023
POST THE MATTER ON ll.05.2023
BAIL ORDER
I.A.NO.3 OF 2023
lN
CRLA.No.1157 of 2018
; ` -: v ~ ;/i+a.I
Perc\J,iLw lg
r'
1 O pr,AV aetq (,
®.
~|
ALLOWED itr
FJ rrr: Cffi;ffiffirJ
