Andhra Pradesh High Court - Amravati
Kokkirala Sai Ganesh vs The State Of Andhra Pradesh on 13 August, 2024
AN
iN THE HIGH COURT OF ANDHRA nao AT AMASRAY ATI
TUESDAY THE THIRTEENTH DAY OF AUGUST =
TWO THOUSAND AND TWENTY FOUR
'PRESENT:
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMA! PRATAP
iA No. 1 OF 2093
IN
GCRLA NO: 682 OF 202345
Sehwveern:
KOKRIRALA SA GANESH, Sfo Venkataramana, Aged about 24 years, Rio
D.No.36-96-258, Rarmji Estate, Sweepers Caony, Kancharapalemn,
Visakhapainam City
.Peltionern Appellant
(Petitioner in CRLA 882 OF 2033
an the fie of High Court
AND
The State of Andhra Pradesh, fep.by tis Public Prosecutor, High Court of AP
at Amaravathi
: ...Respondaent/Respondent
(Respondents in-cdo-}
™ Counsel for the Petitioner : Sri KOPPISETTI PARVATI DEV!
™ Gounsel for the Respondent -PUBLIC PROSECUTOR {AP}
"~ Petifion under Sections 430 of BNSS, 2023(Section 399(1) of CrP},
$ fled praying thal in the circumstances stated in the memorandum of
grounds fled in suppart of the Criminal Petition, the High Court may be
leased fo enlarge the Petitioner on Bail by suspending the carvietion and
sentence imposed by the Court of the Special Judge for Thal of the Offsnees
under the Protection of Children from Sexual Offences Act at Visakhapatnam
in the Calendar and Judgment 69.08.2023 passed in Sessians Case No. TOP
of 2049 and pass such Pending disposal of CRLA No. 882 of 2023, on the fie
of the High Court.
aa > ¥ % re feet ae gy + i Narein Ss
me court while directing issue of notine to the Respondents herein to
'C
a
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oa
%
Sey ane > : ae Ire ohNc Qo Toads R ed smd bio wes. San oat ray
Saw Cause as fo why this application should not be © complice WH, ia
2
med fo be the receipt of
7 notice in (he case).
'ORDER |
"This interlocutory Application has been Hed by
PettionerAnpellant under Sactons S89({) of the Code of Crimina!
Procedure, {873 Wor short the Code') seeking fo grant ball by
suspending the convicton and sentence imposed wide Judgment dated
O3.08.2023 passed In SC NodG? af 2048 on the fle of the Court of
Special Judge for Trial of the ONences under the Protection of Chilctren
from Sexual Offences Act, Visakhapatnam, pending disposal of this
criminal appeal,
s
Meard Sri P.Durga Prasad, learned counsel for Setiioner anc
learned Addlional Public Prosecutor for respondent/Atate.
Learmed counsel for the Petitioner would submit that date of
occurrence of the offense is 30. O8.248, the punishment imposed
against the Petitioner is fifteen ees whereas, Petitioner has bean in
Central Jal, Visakhapatnam since one and Ralf year. Learned counsel
Submits that the amendment to Section 4 of the POCSO Act same ints
force on 16.08.2099, therefore, the punishment imposed against the
Petitlonerfaccused is not in accordance with law. Learned counss!
submits thet the Petitioner has got good grounds fo sucessd imp the
Appeal,
Learned Assistant Public Prosecutor did not dispute the fact that
the Petitioner has been in Jai iSince one and half year, Learned Assistant
Public Prosecutor has maced on racard the capy of the letter dated
35.08.2025 issued by the Superintendent of Jats, Central Prison,
Visakhapatnam, wherein, f was efated that the conduct of the Peltioner
in Jail is satistactory. Learned counsel submits that the Court may pass
appropriate orders.
Having regard to the fact that the Petitioner fAppsilant has been:
confined to Jall since one and half year, the conduct of the Petitianer in
jai is said to have been satisfactory, nothing has been attributed againat
him while he was bail through-out the tris] and thay Sparl, this apnea!
may take considerable time for disposal, it is apposite to suspend the
sentence of imprisonment imposed an the appellant and he is entitied to
be enlarged on ball on the following fines.
The Petitioner/Appellant shall be released on ball on his executing
& personal bond for a sum of Rs.20.000/. (Rupees twenty thousand onty)}
with fwo sureties for iikesum each to the satisfaction of the Court of
Special Judge for Trial of the Offences under the Protection of Children
from Sexual offences Act, Visakhapatnam. The Petitioner shall appear
before this Court as and when his presence is required,
Accordingly, the interlocutory Application is ordered,"
SOV-ELCHITT JOSEPH
TRUE Copy) ASSISTANT REGISTRAR
For SECTION OFFIC ER
1. The Special Judge for Trial of the Offences under the Protection of
Children from Sexual Offences Act at Visakhanainam.,
2. The Superintendent, Central Jail, Visakhapatnam,
3. One CC fo SRE KOPPISETT PARVATE OEVI Advocate fORUCT
4. Two OCs fo PUBLIC PROSECUTOR, High Court of A PIOUTI
Two spare copies
ttt
HGH COURT
VIP J
DATED MOa 2088
ORDER
1A No. 1 OF 2023
iN
8s OF 2023
x
°
CRLA NO
ORDERED
