Andhra Pradesh High Court - Amravati
Yalamanchali Raju Pottudu A1 Bobbili 2 ... vs The State Of Andhra Pradesh, Rep Pp., on 29 December, 2021
Author: C. Praveen Kumar
Bench: C. Praveen Kumar
1
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.1267 of 2016
PROCEEDING SHEET
Sl.
ORDER
No DATE
3 29.12.2021 CPK, J & Dr. KMR, J
I.A.No.1 of 2021
The Petitioners, who are Accused No. 1 to 3 in Crime No.10 of 2007 of Bobbili Police Station, Vizianagaram, filed the present application under Section 389(1) of the Code of Criminal Procedure,1973(Cr.P.C.), seeking bail, pending disposal of the Criminal Appeal.
The Petitioners/Accused No. 1 to 3 were tried in Sessions Case No.75 of 2014 on the file of the learned II Additional Sessions Judge, Parvatipuram, for the offences punishable under Sections 352, 323, 354 and 302 r/w. 34 of the Indian Penal Code, 1860 (I.P.C.).
Vide judgment, dated 02.12.2014, the learned Sessions Judge convicted the accused for the offences punishable under Sections 323 r/w.34 and 302 I.P.C and, accordingly, sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.500/- and in default of payment of fine, to undergo rigorous imprisonment for a period of three months for the offence punishable under Section 302 I.P.C and also sentenced them to undergo one year rigorous imprisonment.
The only ground on which the present application seeking bail came to be filed is that the Petitioners have completed 5 years of actual sentence after conviction by the trial Court and in view of the Judgment in Batchu Rangarao & others v. State of A.P.1, they would be entitled for bail.
12016 (3) ALT (Crl.) 505 (DB) (A.P).
2The fact that the Petitioners have completed 5 years of actual sentence after their conviction is not in dispute. The Division Bench of this Court in Batchu Rangarao & others supra, held as under:
"On considering their valuable suggestions and after a thorough evaluation of the relevant factors, we are inclined to indicate broad criteria on which the applications for grant of bail pending the Criminal Appeals filed against the 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:
(1) A person who is convicted for life and whose appeal is pending before this Court is entitled to apply for 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 to 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) supra:
The offences relating to rape coupled with murder of minor children, dacoity, murder for gain, kidnapping for ransom, killing of 3 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 Stations once in a month during the bail period.
This broad criteria cannot be understood as invariable principles and the Bench hearing the bail applications may exercise its discretion either for granting or rejecting the bail based on the facts of each case. Needless to observe that grant of bail based on these principles shall, however, be subject to the provisions of Section-389 of the Code of Criminal Procedure." Learned Public Prosecutor states that the case of the Petitioners does not fall within any of the exceptions laid down in the said judgment and the conduct of the Petitioners in the jail is satisfactory.
It is not a case where the Petitioners are alleged to have committed offence relating to rape coupled with murder of minor children, dacoity, murder for gain, kidnapping for ransom etc. Since the case of the Petitioners falls within the parameters laid down in Batchu Rangarao & others case and as the judgment of the Division Bench attained finality, the petitioners shall be released on bail on certain terms and conditions.
4Accordingly, the Interlocutory Application is allowed and the Petitioners/Accused No. 1 to 3 shall be enlarged on bail on each of them executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two local sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Bobbili, Vizianagaram District. However, the Petitioners/Accused No. 1 to 3 shall report before the concerned Police Station once in a month between 10:00 A.M. and 5:00 P.M. till disposal of the appeal and they shall be present before the Court at the time of hearing of this appeal.
It is needless to mention that if the petitioners failed to appear before the Court at the time of hearing the appeal or violated the conditions imposed supra, liberty is given to the learned Public Prosecutor to take steps accordingly.
_____________________ C. Praveen Kumar, J ________________________ Dr. K Manmadha Rao, J SM