Andhra Pradesh High Court - Amravati
Nara Basava Raju vs The State Of Andhra Pradesh on 30 March, 2021
Author: B Krishna Mohan
Bench: B Krishna Mohan
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
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TUESDAY, THE THIRTIETH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
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:PRESENT:
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
CRIMINAL PETITION NO: 1783 OF 2021
Between:
Nara Basava Raju, S/o Balappa, aged about 34 years, R/o Peddapujarala(V),
Pyapili Mandal, Kurnool District.
...Petitioner/Accused No.1
AND
The State of Andhra Pradesh, Rep by its Public Prosecutor, through SHO
Addanki, High Court of AP at Amaravathi.
....Respondent/Complainant
Petition under Sections 437 & 439 of Cr:P.C, praying that in the circumstances
Stated in the memorandum of grounds filed in Criminal Petition, the High Court may be
pleased to release the Petitioner/Accused No.1 on bail in Crime No.24 of 2010 of
Korisapadu Police Station Numbered as SC No.149 of 2017 on the file of the Family
Court-Cum- VIII Additional District and Sessions Judge, Ongole on such terms and
conditions that may be imposed by this Hon'ble Court.
The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in support thereof and upon hearing the arguments of Sri
Nagaraju Naguru, Advocate for the Petitioner and of Public Prosecutor for the
Respondent, the Court made the following.
_ ORDER:
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AGS dE X,
HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
Criminal Petition No.1783 of 2021
ORDER:
This Criminal Petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.' seeking regular bail to the petitioner/A.1 in connection with Crime No.24 of 2010 of Korisapadu Police Station, Prakasam District, registered for the offence punishable under Section 302 379, 420, 467, 468, 471, 411 read with 34 of the Indian Penal Code, 1860.
2. The case of the petitioner/A.1 is that in the above said crime, earlier the petitioner was granted bail and after filing of the charge sheet, the case is numbered as S.C.No.149 of 2017 on the file of Judge, Family Court-cum-VIII Additional District and Sessions Judge, Ongole. Since the petitioner has not appeared before the court, the Non-bailable warrant was issued on 31.08.2018, but the petitioner was produced on 14.10.2020 on P.T. warrant and sent for remand to the District Jail, Chittoor in connection with the other crime. As such, he could not appear in the above case. Consequently, the court below had issued NBW on 31.08.2018 and the same was executed on 14.10.2020, and hence, the petitioner seeks for grant of regular bail in this case on certain terms.
3. On the other hand, the learned Additional Public Prosecutor submits that it is true that the court below issued Non-bailable warrant on 31.08.2018 to the petitioner/A.1 and he was produced before the court on 14.10.2020 on P.T. Okay ptt, RON > WO 2 | BKM, J CRLP.No.1783 of 2021 warrant from the District Jail, Chittoor. He submits that the petitioner/A.1 filed bail application in Crl.M.P.No.16 of 2021 before the VIII Additional District and Sessions Judge, Ongole and the learned Judge dismissed the same on merits vide order dated 08.02.2021. However, the bail of the petitioner may be granted on certain terms.
4. In the above said facts and circumstances of the case, the Criminal Petition is allowed and the petitioner/A.1 shall be enlarged on bail on his executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Judge, Family Court- cum-VIII Additional District and Sessions Judge, Ongole. The petitioner / Al shall be produced by the police from the District Jail, Chittoor for appearance before the Judge, Family Court- cum-VIII Additional District and Sessions Judge, Ongole as' and when he is required in order to complete 'the schedule of the case before the said Court.
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| SD/- CHITTI JOSEPH | | ASSISTANT REGISTRAR ITRUE COPY// .
Fo SECTION OFFICER The Family Court-Cum- VIII Additional District and Sessions Judge, Ongole, Prakasam District.
The Superintendent, District Jail, Ongole, Prakasam District.
The Station House Officer, Karisapadu Police Station, Prakasam District. One CC to Sri. Nagaraju Naguru, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
HIGH COURT BKM,J DATED:30/03/2021 ORDER CRLP.No.1783 of 2021 ALLOWED