Andhra Pradesh High Court - Amravati
Bandaru Ramana vs The State Of Andhra Pradesh on 29 October, 2024
lN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVAT
J/
TUESDAY, THE TWENTY NINETH DAY OF OCTOBER,
TWO THOUSAND AND TWENTY FOUR
.-PRESENT.-
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAl
P RATA`ha
•----,a.
lANo.1 OF2024
lN
CRLA NO: 656 OF 2024
Between :
Bandaru Ramana, s/o Demudu, Aged About 30 years, R/o Nagavaram
village, venkannapalem, Mungapakka MandaI, VIsakhapatnam.
...Accused/Appellant
(Petitioner jn CRLA 656 OF 2024
on the file of High court)
AND
The state ofAndhra pradesh, Rep by Its public prosecutor, High court
BuildI-ngS, Nelapadu, Amaravati.
...Complainant/Respondent
Counsel for the petitI-Oner .- (Respondents in-do-)
SRI T.M.K.CHAITANYA
Counsel for the Respondent .-
PUBLIC PROSECUTOR
petl-tl'on under section 389(1) Cr.P.C l's filed prayl-ng that l'n the
cI-rCumstances stated jn memorandum of grounds of crimlnal appeal, the Hl'gh
court may be pleased to suspend the executI'On of sentence and enlarge the
r`atj1-j^nz±r ^h I__.'f i__ A _ . .
petitioner on ba" in s.c.No.13 of 2020, dated 30-09-2024,
|__ 1__ .I
_ __-I) of Special Judge
for tra" of~ I-the offences under the protectl'on of children from
Sexual offences
Act at vlsakhapatnam, pending disposal of CRLA No.656 of
2024, on the file
of the High court.
ORDER-.
ff The instant petl'tl-on under sectI-On 389(1) Cr.P.C read with sectl-on
43O(1) of BharatI-ya Nagarik suraksha sanhI-ta has been filed by the
Petitioner/Accused seeking to suspend the sentence of rigorous
imprisonment of five years- and to pay fine of Rs.15,000/-in default ,
shall undergo simple imprisonment for three months for the offence
Punishable under Section 9(m) read with Section 10 of POCSO Act,
further sentenced to undergo Rigorous Imprisonment for one year and
to pay fine of Rs.1000/-in default, shall undergo sI-mPIe imprisonment for
One month for the Offence under Section 448 lPC and further sentenced
to undergo Rigorous Imprisonment for one year and to pay fine of
Rs.1000/-in default, shall undergo simple imprisonment for one month
for the offence under Section 342 lPC passed in Sessions Case No.13 of
2020 by the Court of Special Judge for trial of the offences under the
ProtectI-On Of Children from Sexual Offences Act, Visakhapatnam,
Pending disposal of the Criminal Appeal. Learned Trial Judge directed
that all the sentences shall run concurrently.
Heard Sri T.M.K.Chaitanya, learned counsel for the Petitioner and
Smt.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for
respondent /State. Perused the material on record.
Learned counsel for the petitioner would submit that, he got merits
to succeed in the appeal. The learned Trl-al Judge has not appreciated
the evidence in proper perspective and there are clear contradictions in
the evidence of prosecution witnesses. Learned counsel would submit
that the Petitioner has been in jail from the date of the judgment and the
fine amount has been paid by the petitioner.
Learned Assistant Public Prosecutor, submitted the written report of the
Superintendent of Jail, Central prison, visakhapatnam which shows that
the conduct of the Petl-tioner in Jail is satisfactory.
Considering the submissions made and in the facts and
circumstances of the case, as the petitioner preferred this appeal
challenging the validity and correctness of the impugned judgment by
raising several issues and the hearing of the appeal may take
considerable time, it is apposite to suspend the sentence of
imprisonment imposed against the Petitioner / Accused on the following
T/
terms.
AccordI-ngly, the petition is allowed and Petitioner/Accused be
released on bail on his executing a personal bond for Rs.20,000/-
(Rupees Twenty thousand only) with two sureties for the like sum each
to the satisfaction of the Court of ll Additional Metropolitan MagI-Strate
Court, Anakapal[i, pending disposal of the criminal appeal. Petitioner
shall appear before this court when the matter is posted for fl-hal
hearing."
A
ASS]STj®r.NT REGl,STRAR
//TRUE COPY// '.`_ i`,``.``. -
Isdi-p.u.v. BHASKAR RAG
sEC"ON OFFICER
To,
1. The ll A.M.M.Court, Anakapalli.
2. The Superintendent, central prl-son, vI-SakhaPatnam.
3. One CC to Sri. T.M.K.Chaitanya, Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court ofAP [OUT]
5. One spare copy
MM
HIGH COURT
VJP,J
DATED:29/10/2024
LIST THE MATTER IN REGULAR COURSE
ORDER
lA.No.1 OF 2024
IN
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