Kalidindi Varaha Venkata ... vs The State Of Andhra Pradesh
2023 Latest Caselaw 5594 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

Main Case: Crl.R.C.No.1016 of 2023

PROCEEDING SHEET Sl. OFFICE DATE ORDER No NOTE

04. 20.11.2023 TMR, J

Crl.R.C.No.1016 of 2023 Admit.

Notice.

I.A.No.1 of 2023

Dispensed with for the present.

I.A.No.2 of 2023

As seen from the record, the Petitioner/Accused No.1 was convicted by the Assistant Sessions Judge, Vizianagaram (for short, 'the trial Court'), for the offence punishable under section 306 of IPC and sentenced him to undergo imprisonment for four years and directed him to pay a fine of Rs.10,000/- and the Accused No.1 was also further convicted under section 498A of IPC and sentenced him to undergo rigorous imprisonment for one years and also directed him to pay a fine of Rs.5,000/-.

Aggrieved by the said Judgment, the Petitioner herein, preferred Criminal Appeal No.16 of 2023 on the file of Special Judge for Trial of Offences against Women- cum-V Additional District and Sessions Judge, Vizianagaram (for short, 'the 1st Appellate Court'), wherein, the 1st Appellate Court confirmed the conviction and sentence dated 07.03.2023 passed against the Petitioner/Appellant No.1 by the trial court.

Aggrieved by the said Judgment, the present Criminal Revision case is filed.

Heard learned counsel for the Petitioner.

According to the learned Counsel for the Petitioner, without any basis to establish that the Petitioner/Accused abetted or encouraged to the suicide of the deceased, the trial Court wrongly convicted the Accused person. According to the evidence of Pws.1, 2, 4 and 6, after five years of their marriage, the Petitioner/Accused started harassment against the deceased by suspecting her fidelity. It is the submission of the learned Counsel for the Petitioner that without proper appreciation of the material on record, the Courts below convicted the Accused person as the deceased committed suicide.

Considering the facts and circumstances of the case, this Court is inclined to pass the following order:

(1) The sentence of rigorous imprisonment imposed by the trial Court is suspended pending disposal of the Criminal Revision Case.

(2) Further, the petitioner shall be enlarged on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Assistant Sessions Judge, Vizianagaram.

______ TMR, J

SAK