IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATION WEDNESDAY, THE TWENTY FIFTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FOUR :PRESENT:

THE HONOURABLE SRI JUSTICE K SURESH REDO

AND

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

IA No. 1 OF 2024

IN

CRLA NO: 607 OF 2024

Between:

• 1. K Suryanarayana Reddy, S/o K Rami Reddy, Aged about 45 years, R/o Mamillapalli Village, Kanaganapalli Mandal Sri Satya Sai district.
• 2. C Harinath Reddy @ Hari, S/o C Ram Mohan Reddy Aged about 34 years, R/o Mamillapalli Village, Kanaganapalli Mandal, Sri Satya Sai district

...Petitioners/Appellants

AND

The State Of Andhra Pradesh, SHO, Pamidi Circle Police Station Rep.by its Public Prosecutor, High Court of A.P., Amaravati.

...Respondent/Respondents

Counsel for the Petitioners : M/s AYESHA AZMA S Counsel for the Respondent : PUBLIC PROSECUTOR

Petition under Section 389 (1) Cr.P.C (Section 430(1) of BNSS) praying that in the circumstances stated in the grounds filed in support of the appeal, the High Court may be pleased to SUSPEND the sentence against Accused persons no.2 and 8/ Appellants hereinin the judgment dated 19.09.2024 passed in S.C No. 487 of 2017 by the Court of IV Additional District and

Sessions Judge- cum- Special Judge for Trial of Offences against Women, Anantapuramu and release the petitioners/appellants on bail pending disposal of CRLA No.607 of 2024, 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:

"The present application is filed by the petitioners/appellants/A.2 & A.8 under Section 389 (1) of Cr.P.C., seeking their release on bail by suspending the sentence of imprisonment imposed by the learned IV Additional District and Sessions Judge-cum-Special Judge for Trial of Offences against women, Anantapuramu, vide S.C.No.487 of 2017, dated 19.09.2024, for the offence under Sections 346, 365 and 384 read with 34 IPC, pending the present Criminal Appeal before this Court.

$2.$ The learned counsel for the petitioners/A.2 & A.8 contended that the petitioners/A.2 & A.8 were convicted under Sections 346, 365 and 384 read with 34 IPC and they were sentenced to undergo Rigorous Imprisonment for a period of two years for the offence under Section 346 IPC. They were further sentenced to undergo Rigorous Imprisonment for a period of seven years and also to pay fine of Rs.5000/- each, in default to suffer simple imprisonment for a period of five months for the offence under Section 365 IPC. The petitioners/A.2 & A.8 were further sentenced to undergo Rigorous Imprisonment for a period of three years and also to pay fine of Rs.2000/- each, in default to suffer simple imprisonment for a period of three months for the offence under Section 384 IPC and all the sentences run concurrently.

In view of the above facts and circumstances, this Court is inclined 3. to enlarge the petitioners/A.2 & A.8 on bail by suspending the sentence

CONTRACTOR

of imprisonment imposed by the learned Sessions Judge pending the present Criminal Appeal.

4. The petitioners/appellants/A.2 & A.8 are directed to be released on bail on their executing a personal bond for an amount of Rs.20,000/-(Rupees Twenty Thousand only) each with two (02) sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Gooty.

Accordingly, with the above direction, this application is allowed." $$

SD/- M.PRABHAKARA RAO ASSISTANT REGISTRAR

//TRUE COPY//

For ASSISTANT REGISTRAR

To,

• 1. The IV Addl District & Sessions Judge-cum-special judge for trial of cases against women, Ananthapuramu
• 2. The Judicial Magistrate of First Class, Gooty.
• 3. The Superintendent, Reddypalli Jail, Ananthapur District
• 4. THE SHO, Pamidi Circle Police Station, Anantapur District
• 5. One CC to SRI. AYESHA AZMA S Advocate [OPUC]
• 6. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT]
• 7. One spare copy

HIGH COURT

KSR,J $\mathbf{g}$ SRK,J

DATED: 25/09/2024

ORDER

IA No. 1 OF 2024 IN CRLA NO: 607 OF 2024

AUES 2 6 SEP 2024 C<br>H<br>O DESPATCH

DIRECTION