Andhra Pradesh High Court - Amravati
K.Yedukondalu, Prakasam Dt 8 Otrs., vs State Of Ap., Rep Pp., on 13 September, 2021
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MAIN CASE: CRIMINAL APPEAL.No.859 of 2015 PROCEEDING SHEET SL. OFFICE No. DATE ORDER NOTE HCJ
11.& RSR, J 13.09.2021 JB,J & KVL,J (Proceedings taken up through video conferencing) I.A.No.1 of 2020 Petitioner Nos.1, 3 and 5 pray for bail in view of the fact that they are in detention for more than five years since filing of the Criminal Appeal in the light of the law laid down by the Composite High Court at Hyderabad in Batchu Rangarao and others v. State of A.P1.
Learned Additional Public Prosecutor submits a Memo where form it appears that the conduct of the petitioner Nos.1, 3 and 5 (A2, A4 and A6) in jail is satisfactory. However, Petitioner No.3-Kurukundu Srinivasulu @ Srinu-A4 has a prior conviction in another case under Section 224 of Indian Penal Code, 1860.
We have considered the materials on record.
We note that petitioner Nos.1 and 5 are in detention for more than five years and there is little likelihood of appeal being disposed of in near future. In view of the aforesaid fact and as the conduct of the said petitioners in jail is satisfactory, we are inclined, in the light of the directions in Batchu Rangarao's case (supra), to release the petitioner Nos.1 and 5 (A2 and A6) on bail. However, in view of the criminal antecedent of petitioner No.3-A4, we are not inclined to suspend his sentence at present.
(contd...) 1 2016(3) ALT (Criminal) 505 (AP) 2 SL. OFFICE No. DATE ORDER NOTE Accordingly, petitioner No.1- Kurukundu Yedukondalu-A2 and petitioner No.5-Kurukundu Pedda Venkateswarlu @ Peddanna-A6 shall be enlarged on bail on their executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) each with two sureties of like amount each to the satisfaction of the Additional Judicial Magistrate of First Class, Markapur and they shall appear before the trial court once in a month till disposal of the Appeal, failing which the trial court shall submit a report to this Court, whereupon the bail so granted to the petitioners 1 and 5 (A2 and A6) shall stand cancelled in accordance with law.
________________ Joymalya Bagchi,J _________________ K.Vijaya Lakshmi,J MP 3 SL. OFFICE No. DATE ORDER NOTE 4 SL. OFFICE No. DATE ORDER NOTE