Andhra Pradesh High Court - Amravati
Maddila Murali, vs The State Of Andhra Pradesh on 23 October, 2024
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: Crl.A.No.624 of 2024
PROCEEDING SHEET
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02. 23.10.2024 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 Petitioner/Appellant/Accused, to
release him on bail by suspending the
execution of sentence of imprisonment imposed
against the Petitioner in S.C.No.116 of 2019 on
the file of Special Judge for Trial of offences
against Women-cum- V Additional District and
Sessions Judge, Vizianagaram, wherein the
Petitioner/accused was convicted for the
offence punishable under Sections 376(2) (f)
IPC and sentenced to undergo rigorous
imprisonment for a period of ten (10) years and
to pay fine of Rs.35,000/-, in default of payment
of such fine, to suffer simple imprisonment for a
period of three months and the accused is
further sentenced to undergo rigorous
imprisonment for a period of one year for the
offence punishable under Section 417 IPC.
2. Heard Sri D.Vamsi Krishna, learned
counsel for the Petitioner and Ms. K.Priyanka
Lakshmi, learned Assistant Public Prosecutor.
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3. Learned counsel for the Petitioner/
Appellant would submit that they got good
grounds to succeed in the appeal. The victim
girl and the accused are close relatives, they
used to reside in the same vicinity, they
developed acquaintance and maintained
physical relation which is in consensual
manner. The learned counsel for the petitioner
further would submit that the accused never
denied for the marriage, but he requested some
time. At most it is a case of breach of promise
to marry the victim and there is nothing to
contra the offence under Sections 376(2) (f) and
417 IPC. Learned counsel further would submit
that PW1 married PW5 when she was carrying
7th month pregnancy, thereafter she came to
her parents house, then she went along with the
accused. The complaint came to be filed when
she found missing. The learned counsel further
would submit that the petitioner was on bail all
through the trial. He never tried to disturb the
victim in any manner. The learned counsel
finally submits that this appeal may take
considerable time for disposal and prays for
suspension of sentence of imprisonment
passed against him.
4. Learned Assistant Public Prosecutor
opposed the petition saying that there are
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categorical findings in the judgment of the trial
Court to the effect that under the misconception
of the fact, the victim woman submitted herself
to the accused, hence it is a clear case of
Sections 376(2) (f) and 417 IPC. Learned
Assistant Public Prosecutor would further
submit that on written instructions received from
the jail, the conduct of the petitioner is
satisfactory, Court may pass appropriate
orders.
5. Considering the submissions made
and a fair look at the material placed on record,
as rightly put by the learned counsel for the
petitioner, appeal may take considerable period
of time for disposal. The petitioner also raised
some valid points which require elaborate
hearing during the course of hearing the appeal.
It is also observed that the petitioner was on
bail all through the trial and no untoward
incident reported.
6. In that view, the petition is allowed,
suspending the sentence of imprisonment and
the fine amount imposed against the Petitioner,
pending disposal of this appeal, on the following
conditions:
i) The Petitioner shall execute a personal bond
of Rs.20,000/- (Rupees Twenty thousand only)
with two sureties for a like sum each to the
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satisfaction of the concerned magistrate Court.
ii) The Petitioner shall appear before this Court
when the appeal is coming up for final hearing.
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VJP, J
List the matter in regular course.
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VJP, J
sj
Note: Issue C.C. today
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