K. Yoga Narasimha Reddy Bujji, Nellore ... vs State Of A.P., Rep. By P.P., Hyd on 30 March, 2021

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Andhra Pradesh High Court - Amravati

K. Yoga Narasimha Reddy Bujji, Nellore ... vs State Of A.P., Rep. By P.P., Hyd on 30 March, 2021

Bench: Joymalya Bagchi

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE THIRTIETH DAY OF MARCH, TWO THOUSAND AND TWENTY ONE 2
: PRESENT :
THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI
- AND Hew
THE HONOURABLE SRI JUSTICE M. GANGA RAO \ (
I.A.No. 1 of 2020 a
IN
CRIMINAL APPEAL.No.137 of 2015
Between: -
K. Yoga Narasimha Reddy @ Bujji Reddy, S/o. K. Krishna Reddy.
..Petitioner/Accused
(Appellant in Crt.A.No.137/2015
on the file of the High Court)
AND

State of Andhra Pradesh, rep. by its 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, the High
Court may be pleased to suspend the execution of sentence of imprisonment
passed in S.C.No.289 of 2012 on the file of the | Additional Sessions Judge,
Chittoor and release the petitioner on bail, pending disposal of the above
Criminal Appeal No. 137 of 2015 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
Sri C. Sharan Reddy, Advocate for the Petitioner and of the Addl. Public
Prosecutor on behalf of respondent/State, the Court made the following

ORDER :

(PROCEEDING TAKEN UP THROUGH VIDEO CONFERENCING) "The petitioner/appellant is in jail for more than six (6) years. It is submitted that he seeks bail in view of the law and laid down by the Composite High Court at Hyderabad in Batchu Rangarao and others v. State of A.P £2016 (3) ALT (Criminal) 505 (AP)}.

Learned Additional Public Prosecutor submits that the conduct of the petitioner in jail is satisfactory.

We have considered the submissions of the counsel as well as the materials on record.

The petitioner has suffered incarceration for more than six (6) years since institution of the Appeal and there is little possibility of the Appeal being disposed of in the near future. The case does not fall within the _ exceptions engrafted in Batchu Rangarao case (supra).

Contd....2...

Under such circumstances, we are inclined to suspend the sentence imposed on the petitioner/appellant in view of the law declared in Batchu Rangarao case (supra) and he shall be enlarged on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties of the like amount to the satisfaction of the IV Additional Judicial Magistrate of First Class, Chittoor. On such release, he shall appear before the said Court once in a month till disposal of the Appeal, failing which the learned Magistrate shall submit a report to this Court, whereupon the bail so granted to the petitioner stands cancelled in accordance with law." .

Sd/- M. PADMALATHA 1 ASSISTANT REGISTRAR // TRUE COPY // KE . SECTIO SFICER To

1.The | Additional Sessions Judge, Chittoor.

2.The IV Additional Judicial Magistrate of First Class, Chittoor.

3.The Inspector of Police, Chittoor Urban Circle, Chittoor District.

4.The Superintendent, Prisoners' Agricultural Colony, Anantapuramu.

3. Two CCs to Public Prosecutor, High Court of A.P.,(OUT)

6.One CC to Sri C. Sharan Reddy, Advocate(OPUC)

7.Two spare copies.

TKK HIGH COURT JB.J & MGR.J DATED: 30-03-2021 BAIL ORDER I|.A.No. 1 of 2020 IN CRL.A.No. 137 of 2015 RELEASE THE PETITONER ON BAIL.

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Andhra Pradesh High Court - Amravati