Andhra Pradesh High Court - Amravati
Pavuluri Podili Audi Narayana vs State Of Ap on 11 May, 2023
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: Crl.A.No.1157 OF 2018
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
9. 11.05.2023 AVSS, J & DVR,J
I.A.No.2 OF 2023
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 Accused No.3-petitioner herein
along with Accused Nos.1 & 2, against the
judgment dated 24.01.2018, passed by the
Court of the learned VII Additional District &
Sessions Judge, Prakasam District at Ongole,
in S.C.No.78 of 2015. By way of the said
judgment, the learned Sessions Judge
convicted Accused No.3-petitioner herein for
the offence punishable under Section 302 I.P.C
and sentenced her to undergo imprisonment
for life and to pay fine of Rs.200/-, in default,
to suffer simple imprisonment for 15 days.
In 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 ors., Vs., State of Andhra
Pradesh reported in [2016(3) ALT (Criminal)
505 (AP)]. In the said judgment, the Court laid
Crl.A.No.1157 of 2018
SL. DATE ORDER OFFICE
NO. NOTE
down the following guidelines, while
considering the bail applications of the present
nature:
"(1) A person who is convicted for life and
whose appeal is pending before this Court
is entitled to apply for bail after he has
undergone a minimum of five years
imprisonment following his conviction;
(2) Grant of bail in favour of persons failing
in (1) supra shall be subject to his good
conduct in the jail, as reported by the
respective Jail Superintendents;
(3) In the following categories of cases, the
convicts will not be entitled 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, murder
for gain, kidnapping for ransom, killing of
the public servants, the offences falling
under the National Security Act and the
offences pertaining to narcotic drugs.
(4) While granting bail, the two following
conditions apart from usual conditions
have to be imposed, viz., (1) the appellants
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 she has completed more
than five years of actual sentence. It is not the
case of the prosecution that the instant case
Crl.A.No.1157 of 2018
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falls under the exceptions as mentioned in the
aforesaid decision.
For the aforesaid reasons, this
application is allowed, directing enlargement of
the petitioner - Accused No.3 in Sessions Case
No.78 of 2015 on the file of the Court of the
learned VII Additional District & Sessions
Judge, Prakasam District at Ongole, on bail,
subject to the petitioner executing a personal
bond for a sum 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 Judicial Magistrate of First
Class, Addanki. 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 bail. It is further made clear
that at the time of hearing the appeal, the
petitioner shall be present before this Court.
________
AVSS,J
________
DVR,J
Vjl
