Andhra Pradesh High Court - Amravati
Kodedala Venkatalakshmi vs The State Of Andhra Pradesh on 13 August, 2024
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: Crl.A.No.495 of 2024
PROCEEDING SHEET
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01. 13.08.2024 VJP, J
I.A.No.1 of 2024
The instant petition under Section 389(1)
of the Code of Criminal Procedure read with
Section 430(1) of BNSS Act, 2023, has been
filed by the Petitioners/Appellants/Accused
Nos.1 and 2, to release them on bail by
suspending the execution of sentence of
imprisonment imposed against the Petitioners in
S.C.No.26 of 2019 on the file of the Court of the
IV Additional District and Sessions Judge-cum-
Special Judge for Trial of Offences against
Women, Ananthapuramu, wherein the
Petitioners/A1 & A2 were convicted and
sentenced to the following imprisonment:
A1 is sentenced to undergo rigorous
imprisonment for a period of three(3) years, for
the offence punishable under Section 498-A
I.P.C and pay fine of Rs.1000/-, in default,
simple imprisonment for four months.
A1 & A2 are sentenced to undergo
rigorous imprisonment for a period of three(3)
years each for the offence punishable under
Section 325 of I.P.C and pay Rs.1000/- each, in
default, simple imprisonment for four months. Cont....
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A1 & A2 are sentenced to undergo
rigorous imprisonment for a period of two(2)
years each for the offence punishable under
Section 506 of I.P.C., and to pay fine of
Rs.500/- each in default, simple imprisonment
for four months.
Heard Sri V.Nitesh, learned counsel for
the Petitioners/Appellants.
Sri Md.Ameen, learned Assistant Public
Prosecutor takes notice for the State/
Respondent.
Learned counsel for the Petitioners/
Appellants would submit that Accused No.1 is
the mother-in-law to the complainant and
Accused No.2 is the person alleged to have
objectionable relation with Accused No.1.
Learned counsel further submits that they have
got good grounds to succeed in the appeal.
Petitioners were on bail throughout the trial. No
untoward incident is reported against them.
They have paid the fine amount imposed
against them by the trial Court. The sentence of
imprisonment passed against them has been
suspended by the trial Court.
Learned Assistant Public Prosecutor
would submit that the Court may pass
appropriate orders, since the Petitioners have
no criminal antecedents except the present
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criminal case.
Considering the submissions made, as
the Petitioners/Appellants preferred the appeal
challenging the validity and correctness of the
impugned judgment of conviction passed
against them and to give them a fair opportunity
to pursue the appeal, it is apposite to allow the
petition.
In that view, the petition is allowed,
sentence of imprisonment imposed against the
Petitioners/Appellants/A1& A2 by the trial Court
is suspended on the same terms and conditions
as imposed by the trial Court.
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VJP, J
List the matter in regular course.
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VJP, J
PND
