Andhra Pradesh High Court - Amravati
Koppadi Naga Babu, vs The State Of Andhra Pradesh, on 23 October, 2024
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: Crl.A.No.601 of 2024
PROCEEDING SHEET
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03. 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.294 of 2022 on
the file of VIII Additional District & Sessions
Judge-cum- Spl. Judge for Trial of offences
against Women, East Godavari District,
Rajamahendravaram, wherein the
Petitioner/accused was convicted for the
offence punishable under Sections 376(2) (n)
and 417 IPC and sentenced to undergo
rigorous imprisonment for a period of ten (10)
years and to pay fine of Rs.5,000/-, in default of
payment of such fine, to suffer simple
imprisonment for a period of two years.
2. Heard Sri Sai Pavan, learned counsel,
representing Sri Dasari S.V.V.S.Prasad,
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 the accused and
the victim woman both are teachers, it is a clear
case of consensual relation for a considerable
period of time. Learned counsel further would
submit that there is enormous delay of 7 years
in giving report to the police, which goes to the
root of the case. Learned counsel further would
submit that they have good grounds to succeed
in the appeal. Petitioner was on bail all through
the trial. Learned counsel finally submits that
appeal may take considerable time for disposal,
hence, his plea of suspension of sentence may
be considered.
4. Learned Assistant Public Prosecutor
opposed the petition saying that the impugned
judgment is sustainable on facts and law and
the guilt of the accused is established beyond
any doubt. Learned Assistant Public Prosecutor
further would submit that as per the 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
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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
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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