K.Brahma Reddy vs. State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Interlocutory
Before:
Hon'ble K Sreenivasa Reddy , T Mallikarjuna Rao
Listed On:
4 Apr 2025
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
FRIDAY, T-HE FOURTH DAY OF APRIL,
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
HONOURABLE SRI JUSTICE K SREENIVASA REDDY
AND
HONOURABLE SRI JUSTICE T MALLIKARJuNA RAO
IANo.1 OF2024
lN
CRLA NO: 730 OF 2019
Betwee n :
\\S
Katti Brahma Reddy, S/o. Sambasl'va reddy, age 39 years, R/o.H.No. 4-6-33, Koritepadu, Guntur, Guntur District, Andhra Pradesh.
..|Petitioner/Appellant/A-2
__AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi.
...Respondent/Respondent/Comp[ainant
Petition under Section 389 (1) of Cr.P.C & Section 430 of BNSS, 2023, praying that in the circumstances stated in the memorandum of grounds filed in support of the petition, the High Court may be pleased to release the petitioner on bail by suspending theJsentence passed in s.c.No. 460 of 2008, Date: 25-07-2019 by the court of the VI Addl. District and Sessions Judge at Guntur, Guntur District, Andhra Pradesh, Pending disposal of CRLA No. 730 of 2019, on the file of the High Court.
(prayer is amended as per the court order dated o4.04.2025 in I.A.No.2 of 2021 in CRL.A.No.730 of 2019.)
Counsel forthe Petitioner : Dr Challa Srinivasa Reddy Counsel for the Respondeht : Public Prosecutor (AP) The Court made the following
ORDER:
Jt+ lfThe present application is filed by the petitioner/appellant/A.2, under section 389 (1) of Cr'.P.C., seeking his release on bail by Suspending the Sentence Of imprisonment imposed by the learned V Additional District & Sessions Judge (FAG) VI Additional District & sessions Judge (FTC), Guntur, v,-de S.C.No.460 of 2008, dated 25.07.2019, pending the present Criminal Appeal before this Court.
Learned counsel for the petitioner/appellant contends that immediately after pronouncement of judgment, the petitioner/appellant/A.2 was taken into custody and he is urldergoing imprisonment I-n Central Prison, Rajamahendravaram, East Godavari District, for the last more than five (05) years. He further contends that, as the appeal is of the year2019, it takes some more time to come up for llFinaI Hearing". As such, he requests this Court to enlarge the petitioner/appellant on bail in `terms of the order passed by the Combined High Court in BafcA-u Rangarao and others Vs The Sfafe of Andhra Pradesh (CrI.A.Nl.P.No.1687 of 2016 in CrI.A.No.6O7 of 2011).
Learned Additional Public Prosecutor, while referring to the nominal roll of the petitioner/appellant/A.2 issued by Superintendent of Jails, Central Prison, Rajamahendravaram, stated that the petitioner/appe[lant has undergone 5 years 4 months and 22 days of actual sentence after deducting cifat large/parole period and the conduct of the petitioner in the jail is satisfactory.
[n view of the aforesaid facts and circumstances, this Court is inclined to enlarge the petitioner/appellant/A.2 on bail by suspending the I sentence of imprisonment imposed by the learned Sessions Judge pending the present Criminal Ab`peal.
The petitioner/appellant/A.2 is directed to be released on bail on his executing a personal bond, for Rs.10,000/I(Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned IV Additional Junior Civil ^Judge, Guntur, Guntur District.
The petitioner/aPPellant/A,2 is directed tO report before the Station House Officer concerned, Once in a month i.e., On lSt day of every month. The petitioner/aPPellant/A.2 is also directed tO appear before this Court whenever the case stands posted for hearing.
Accordingly, W-lth the above directions, this application iS allowed."
I //TRUE COPY//
sD/- K.SRINIVASA RAJIJ
For A|
Tol
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- The IV Additional Junior Civil Judge, Guntur, Guntur D'lstrict.
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- The V Additional District & Sessions Judge (FAG) VI Additional District and sessions Judge (FTC) Guntur, Guntur District.
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- The Superintendent, Central Prison, RajamahendraVaram, East Godavari District.
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- The Station House Officer, East L & O, Circle, Guntur.
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- One CC to Dr Challa Srinivasa Reddy, Advocate [OPUC]
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- Two CCs to Publ®lc Prosecutor (AP) High Court of Andhra Pradesh [OUT]
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- Two spare copies
- CVSS
HIGH COURT
SRK,J & TMR,J
DATED: 04/04/2025
ORDER
IA No. 1 OF 2024 $\overline{IN}$ CRLA NO: 730 OF 2019