Andhra Pradesh High Court - Amravati
Yerramsetty Ramesh vs The State Of Andhra Pradesh, on 12 May, 2023
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: Crl.A. No. 1527 OF 2017
PROCEEDING SHEET
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05. 12.05.2023 AVSS, J & DVR, J
I.A.No.1 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 the petitioner-accused against
the judgment dated 20.07.2017, passed by
the Court of the learned XI Additional
District and Sessions Judge, Krishna,
Gudivada, in Sessions Case No.08 of 2016.
By way of the said judgment, the learned
Sessions Judge convicted the accused-
petitioner herein for the offence punishable
under Sections 302 I.P.C., and sentenced
to undergo rigorous imprisonment for life
and to pay fine of Rs.1,000/-, in default, to
suffer rigorous imprisonment for three
months.
In this application, the petitioner is
seeking bail by placing reliance on the
judgment of the Composite High Court of
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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 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
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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. It 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.08 of
2016 on the file of the Court of the learned
XI Additional District & Sessions Judge,
Krishna, Gudivada, subject to the
petitioner 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
Judicial Magistrate of First Class,
Kaikaluru. 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
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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
Ks
