Andhra Pradesh High Court - Amravati
Golla Nuggula Srinivasulu Sreenu, ... vs Inspector Of Police, Banaganapalli, ... on 16 August, 2021
Author: C. Praveen Kumar
Bench: C. Praveen Kumar
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE SIXTEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY ONE
: PRESENT ;
THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
|.A.No. 1 of 20214
IN
CRIMINAL APPEAL.No.494 of 2016
Between:-
Golla Nuggula Srinivasulu @ Sreenu, $/o. Golla Nuggula Ramachandrudu @
Jatkabandi Ramachandrudu.
..Petitioner/Appellant/Accused
{Appellant in Cri.A.No.494/2016
on the file of the High Court)
AND
The State of Andhra Pradesh, rep. by Public Prosecutor, :
High Court of Andhra Pradesh, at Amaravati, respondent
(Respondent in-do-)
Petition under Section 389(1) of Cr.P.C., praying that in the
circumstances stated in the grounds filed in the Criminal Appeal and affidavit
filed in support of the present application, the High Court may be pleased to
suspend the execution of the sentence of imprisonment imposed against the
Petitioner in $.C.No. 269 of 2013 on the file of the Court of the Hl Additional
District and Sessions Jude, Nandyal, Kurnool District, and to direct to release
the Petitioner on bail, pending disposal of the above Criminal Appeal No, 494
of 2016 on the file of the High Court.
The Petition coming on for hearing, upon perusing the petition and the
grounds filed in the Criminal Appeal and upon hearing the arguments of
Ms. Sodum Anvesha, learned counsel representing Sri Karri Murali Krishna,
Advocate for the Petitioner and of the Public Prosecutor on behalf of
respondent/State, the Court made the following
ORDER :-
"Heard Ms. Sodum Anvesha, learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State.
Learned counsel for the petitioner submits that this application is filed by the petitioner seeking bail on the ground that he has completed five years of imprisonment after the conviction and sentence of life imprisonment imposed on 08.06.2016 in SC.No.269 of 2013 on the file of the Court of Ill Additional District & Sessions Judge, Kurnool at Nandyal, for the offence punishable under Section 302 IPC. He submits that after passing of the Judgment on 08.06.2016, the petitioner was remanded. to custody and since then he is in jail. He further submits that in view of the law laid down in Batchu Rangarao and Ors. YVs.State of A.P.(MANU/AP/0787/2016) petitioner is entitled to be released on bail.
Having regard to the facts and circumstances of the case and in view of the fact that the petitioner has completed imprisonment of five years from the date of his conviction and taking note of the fact that the conduct of the petitioner in jail is satisfactory, he shall be released on bail on the same terms as imposed in Batchu Ranga Rao's Case. This Court in Batchy Rangarao case held as under :
"9. On considering their valuable suggestions and after a through evauation of the relevant facts, we are inclined to indicate broad criteria on which the applications for grant of bail pending the Criminal Appeals filed against conviction for the offences, including the one under Section -302 IPC, and sentencing of the appellants to life among other allied sentences, are to be considered. Accordingly, we evolve the following criteria:
"¢4) A person who is convicted for life and whose appeal is pending before this Court is entitled to apply fer bail after he has undergone a minimum of five years imprisonment following his conviction, (2) Grant of bail in favour of persons falling in (1) Supra shall be subject fo his good conduct in the jail, as reported by the respective Jail Superintendents;
(3) In the following categories of cases, the convicts will not be entitled to be released on bail, despite their satisfying the criteria in (1) and (2) sura;
The offences relating to rape coupled with murder of minor children dacoity, murder for gain, kidnapping for ransom, killing of the public servants, the offences falling under the National Security Act and the Offences pertaining to narcotic drugs.
(4) While granting bail, the two following conditions apart from usual conditions have to be imposed, viz., (1) the appellants on bail must be present before the court at the time of hearing of the Criminal Appeals; and (2) they must report in the respective Police Station once in a month during the bail period."
Since the case of the petitioner is squarely covered by the decision cited supra(1), the execution of sentence passed against the petitioner in SC No.269 of 2013 on the file of the Court of ill Additional District & Sessions Judge, Kurnool at Nandyal, vide Judgment dated 08.06.2016 is suspended and he shall be released on bail in his executing a self bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the Court of Il Additional District & Sessions Judge, Kurnool at Nandyal. He shall report before the concerned Police Station once in a month between 40,00 and 5.00 p.m. till the disposal of this appeal. Further, the petitioner shall be present before this Court at the time of hearing of the criminal appeal. in the event of he violating the conditions imposed, the learned Public Prosecutor shall file an application for cancellation of bail. Further, as a measure of precaution, at the time of release, the petitioner is directed to file an affidavit before the court below giving an undertaking that he would comply with the terms and conditions imposed in this bail application.
Accordingly, the IA is allowed."
Sd/- M. SRINIVAS va ;
ASSISATNT REGISTRAR A a iA ee SECTION OFFICER
-_ f/ TRUE COPY // To
4. The til Additional District and Sessions Jude, Nandyal, Kurnool District.
2.The inspector of Police, Banaganapalli Police Station, Kurnoot District. 3, The Superintendent, Central Prison, Kadapa.
4.Two CCs to Public Prosecutor, High Court of A.P., (QUT)
5.One CC to Sri Karri Murali Krishna, Advocate(OPUC)
6.Two spare copies.
TKK HIGH COURT CPK.J & BKM.J DATED: 16-08-2021 BAIL ORDER |.A.No. 1 of 2021 IN CRL.A.No. 494 of 2016 RELEASE THE PETITONER ON BAIL.