Citation : 2023 Latest Caselaw 5357 AP
Judgement Date : 7 November, 2023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SEVENTH DAY OF NOVEMBER, AAO THOUSAND AND TWENTY THREE 'PRESENT: THE HONOURABLE SRI JUSTICE U DURGA PRASAD RAG AND . \ THE HONQURABLE SMT JUSTICE RIRANMAYEE MANDAVA - lA Nin. 2 OF 2023 iN GRLA NOk 276 OF 2025 Retween: Vedivala Sr Villages, Kolluru Framuiu, Sfo Sr Krishanaieh, Aged about 54 years, Rio Epuru Lanka Mandal, Guntur. _ Appelant Accused AND The State of Andhra Pradesh, Rep. by it Public Prosenutar For High Court of Judicature of Ancihra Pradesh, at Arnaravath, . Respaondenti/Ressandent Patifion under Section 399 () of Or PC praying that in the circumstances stated in the rmemarandum of grounds fed in suppert of the petition, the High Court may be Pease fo anlay arge the mor efron Ball for a period of 20 days cammencng frer O2-71-28083 fa O2- 12-2023 in n above Cerna appeal enable hin to perform Ais daughter's marriage, Pend ing disposal of CRLA No. 276 of 2023, on the fle of the High Court. B Counsel for the Petitioner . Sri PD Pani Kurvar Counsel forthe Respondent : Public Prasecuter The Court made the following ORDER:
"Heard Sri T. D. Pani Kumar, learned counsel for the petitiener and learned Public Prosecutor.
The appaiianpetiiiensr who ia undergoing sentence pending His appeal, secks interim ball for a period of 30 days Le., From O2.44.2029 to 02.72.2023 on the ground that the marriage of his daughter Mis. Siva Revathi is going ta be held on 09.11.2023 af KPHB, Hyderabad and being the father, the presence of the appellant is required. ,
Learned Public Prosecutor obtained written instructions fram the Jurisdictional, Sub Inspector of Police, koflury Mandal, Bapatia district and
produced before us and oppoasd the ball application. The substance of the
instructions is that if the appellant visits his native village Le., Epurulanka vilage of Kolluru Mandal, "Yenall Rural, there may be possibility of law and order probien.
The point for consideration is "Whetfer ire bell anpicatian can be allowed?"
As can be seen fram the judgment of Sessions Case No.322 of 2024 whereunder the appellant is convicted, the dencased is the father-indaw of the accused and prosecution case is that the accursed used fo cultivate AcohOG cents of farming land of the decessed and when the deceased asked him tc hike the lease amount, the accused disagreed and so some altercation took mlace between them. It ultimately fed to causing the death of the deceased, Thus, from the facts of the cass, it ig a family dispute between the parties and
fot a political war or the faction murder.
Though, the learned Public Prosecufar argued about the law andi order --
problem, we are of the view thet such a problem may not be there. However, faking into consideration Ais apprehension, we are inclined to allow the apnotiant only to visit Hyderabad where the marrage is gqeing to be performed for a short pericd, instaad of allowing him to go to Ais native vilage, Souruianka,
Accordingly, the interim application is partly allowed and inferim bal is granted to the appellant fram O8.¢7.20c3 fo 43.44.2023 (both days inclusive} ari during this period, the appellant shall only visit Hyderabad to atiend the marriage of his daughter and stay there ard return and surrender before the Superintendent of Central Prisen, Rajahmundry before 4:00 PLM on 12.71.2028 en the condition of his executing a personal bond for Re 20,000 (Twenty thousand runses only} with ane surely for ke sum to the satisfaction of the
Superintendent of Central Prisen, Rajahmundry."
___SdtN.NAGAMMA ASSIS TANT REG! ISTRAR
Fou SECT ION OFFICER
"
ak rea3 wn vod th ws ah
ate of First (ass e, Terral
fh eH Aecrona ° udiolal Magis z ne XP Ariditional Sassians Jucy
The Superintendent, Central Prison, Ralamahencravaram, East Godavari
Dstrict The Station House Officer, Koil
District. .
ae ~ Lowes . . ' 4 rer ge Dre CO to Sri TO Pani Kumar, Advocate fORUC]
g OSNE
uu Police Slaton, Tenall Rural Circle, Banatis
Two CCs to Public Prosecutar {AP} High Court of Andhra Pradesh [OUT]
Two spare copies,
By
HIGH COURT
UDPR & KARI
DATED OTA T2023
POST THE MATTER AFTER TWO (02) WEERS.
ORDER
iA No. 2 OF 2025
in
ORLA NO: 27°8 OF 2023
DIRECTION
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