Andhra Pradesh High Court - Amravati
Kalapala Venu vs The State Of Andhra Pradesh on 9 December, 2025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV^^ O'
TUESDAY, THE NINTH DAY OF DECEMBER, y.
I
TWO THOUSAND AND TWENTY FIVE v-
iPRESENT:
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
lA No. 1 OF 2025
IN
CRLA NO; 825 OF 2025
Between:
Kalapala Venu, S/o Yesudasu, Aged 32 Years, Occ Daily Labour, R/o.
Venkatapuram Village, Chintalapudi Mandal, Eluru District.
.. .Appellant/Accused
(Petitioner in CRLA 825 OF 2025
on the file of High Court)
AND
1. The State of Andhra Pradesh., Rep by its Public Prosecutor, High Court
of A.P., Amaravathi. ...Respondent
2.
Tangala Naga Lak'shmi, W/o. Venkateswara Rao Aged 30 Years, Occ
Daily Labour, R/o. Venkatapuram Village, Chintalapudi JVlandal, Eluru
District.
...Respondent/Complainant
(Respondents in-do-)
Counsel for the Petitioner iSri.PETLURI NAGA RAJU^
Counsel for the Respondent :PUBLIC PROSECUTOR
Petition under Section 389 (1) of CrI.P.C. Section 430 (1) of BNSS Act,
2023 praying that in the circumstances stated in the affidavit filed in support of
the petition, the High Court may be pleased to enlarge the appellant on bail,
by suspending the conviction and sentence imposed in Calendar and
Judgment Dt. 14.11.2025 passed in S.C. No. 196'of 2024 on the file of the
court of Learned V Additional District and Sessions Judge - Cum - Special
Court for Trail of Offences Against Women, West Godavari, Eluru, Pending
disposal of CRLA No. 8:^5 of 2025, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to
show cause as to why this application should not be complied with, made the
following order.(The receipt of this order will be deemed to be the receipt of
notice in the case).
ORDER:
Heard Sri P.Nagaraju, learned counsel for the petitioner/appellant/convict and learned Additional Public Prosecutor representing the Stated Petitioner is the sole Accused in S.C.No.19^ of 2024 on the file of Vv---' the learned V Addl.District & Sessions Judge-cum-Special Judge For Trial of Offences Against Women, West Godavari at Eluru.
Learned counsel for the petitioner would subrnit that petitioner/convict was found guilty for the offence U/S.354-C IPC.
Accordingly, he was convicted and sentenced to undergo imprisonment for a period of one (Ot) year and to pay fine of Rs.5,000/- (Rupees Five Thousand only), in default, shall undergo simple imprisonment for a period of two (02) month:'"
The learned counsel for the petitioner/appellant would submit that the petitioner was on bail during trial and the learned trial Court erroneously convicted the petitioner without appreciating the facts in proper perspective. Hence, the petitioner preferred the appeal, challenging the judgment on various grounds. He would further submit that the sentence imposed by the learned trial Court is fixed sentence for a period of one (01) year, and there are fair chances to succeed in the appeal, and there is no possibility of taking the appeal in the near future. He would further submit that the petitioner paid the fine amount and filed original receipt along with the appeal grounds. Considering the above facts and circumstances, the order of sentence imposed by the trial Court may be suspended, pending disposal of the appeal.
Learned Additional Public Prosecutor opposed the application, but fairly conceded that the petitioner was on bail during trial and before.
Considering the above facts and circumstances, and as the sentence imposed by the trial Court is fixed sentence of one (01) year, and as there is no likelihood taking the appeal in the near future, this Court is of the considered opinion that "the order of sentence imposed by the learned V Addl.District & Sessions Judge-cum Special Judge For Trial of Offences Against Women, West Godavari at Eluru, vide judgment •• ' \ dated 14.11.2025 passed in S.C.No.196 of 2024 be suspended, subject to the same terms and conditions imposed by the learned trial Court in the application filed U/s.389(3) C.P.C., equivalent to section 430(3) of BNSS, 2023 in addition to the following conditions":
i) The petitioner/appellant shall not leave the country without permission of the Court.
W'
ii) The petitioner/appellant shall not intimidate or annoy the victim or her family members in any manner.
iii) The petitioner/appellant shall not involve in similar V-<'"
offence in future in any manner.
iv) If the petitioner/appellant violates any of the above conditions, the prosecution is at liberty to file an application seeking cancellation of the bail.
Accordingly, the application is ordered.
SDI- M.PRABHAKARA RAO DEPUTY REG STRAR //TRUE COPY// SECTION OFFICER To,
1. The V Additional District and Sessions Judge - Cum - Special Court for Trail of Offences Against Women, West Godavari, Eluru
2. Tangala'Naga Lakshmi, W/o. Venkateswara Rao, R/o. Venkatapuram Village, Chintalapudi Mandal, Eluru District.( By RPAD) HIGH COURT BVLNC,J DATED:09/12/2025 List the matter in the second week of March, 2026 ORDER I.A.No.1 of 2025 IN CRLA.No.825 of 2025 I.A.No.1 of 2025 IS ORDERED