Telangana High Court
CRLP/8416/2019 of Raikanti Ramesh and Another Vs The State of Telangana on 30 December 2019
COURT FOR THE STATE OF TELANGANA AT HYDER.A.BAD MONDAY. THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND NINETEEN :PRESENT: THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 8416 OF 2019 Between: I . Raikanti Ramesh, S/o. Venkataiah, 2. Mulkala Bhagath, S/o. Late Laxman, Petitioners/Accused
IN THE HIGH COURT FOR THE STATE [OF ][TELANGANA]AT HYDER.A.BAD
MONDAY. THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND NINETEEN:PRESENT:THE HON'BLE JUSTICE G.SRI DEVI
CRIMINAL PETITION NO: 8416 OF 2019
Between:I . Raikanti Ramesh, S/o. Venkataiah,2. Mulkala Bhagath, S/o. Late Laxman, Petitioners/Accused Nos. 2 & 3
AND
The State ofTelangana, rep. by its Public Prosecutor, High Court for the State ofTelangana atHyderabad.
Respondent/Complainar.rt
Petition under Section 389 (2) of Cr.P.C, praying that in the circumstances stated in thepetition and the grounds filed herein, the High Court rnay be pleased to enlarge the petitioners onbail pending disposal of the Criminal Appeal No.256 of 2019 on the file of court of Ill Addl.Sessions Judge, Karimnagar filed against the Judgment dated 28.11.2019 in CC. No.l185 of2019 on the file ofthe court ofSpecial Judicial Magistrate of First Class (Excise) at Karimnagar; Counscl for the Petitioners SRI A.PRABT{AKAR RAO
Counsel lbr the Respondent
ADDL. PUBLIC PROSECUTOR
The Court made the follorving;
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ORDER :
HONOURABLE JUSTICE G. SRI DEVI
(:RIMINAL PETITION No. 8416 of 2O19
Heard learned Counsel for the petitioners/r\2 and A3 andlearned Additionat Pubtic Prosecutor appearing for therespondent- State.
As seen from the record, the petitioners \vere tried forthe offence punishabte under Section 379 of l.P.C. inC.C.No.1185 of 2019 and by its [judgment, ]dated 28.11.7019,the learned Specia[ Judiciat Magistrate of First Ctass [(Excise),]Karimnagar, convicted the petitioners/A2 and 43 and sentencedthem to underrgo rigorous imprisonment for a preriod of twoyears each arrd to pay a fine of Rs.200/- each, in defautt ofpayment of fine to undergo simpte imprisonment for a period ofsix months each. Being aggrieved by the said c(rnviction andsentence, the petitioners/A2 and 43 have preferredCrt.A.No.256 of 7019, which came up before the lll AdditionaISessions Judge, Karimnagar. Atong with the appea[, thepetitioners/A2 and A3 have also fited Crt.M.P.No.60 of 7019under Section 389 (1) of Cr.P.C., seeking to suspend thesentence of imprisonment and atso sought for bait. The learnedlll AdditionaI Sessions Judge, Karimnagar, vide order, dated11.12.2019, dismissed the said apptication stating therein that"the petitioners were also imposed sentences in six other cases and att the sentences were ordered to run [concurrentty.]Therefore, in view of the fact that there are seven casesagainst the petitioners, in which they were convicted, theCourt is of the considered opinion that it is not proper torelease the petitioners on bait" and accordingty dismissed thesaid apptication.
Learned Counsel for the petit'ioners wou[d submit that thepetitioners were sentenced to undergo rigorous imprisonmentfor two years and Section 389 (1)of Cr.P.C., envisages that ifthe sentence of imprisonment is made upto three years, theperson, who was convicted, is entitted to bail pending disposalof the appeal as a matter of fact, but however, the learned lllAdditionat Sessions Judge, Karimnagar, instead of granting baitto the petitioners, has rejected the apptication onty on theground that they were convicted in six other cases also. Hefurther submits that the petitioners are in jaiI since 10.06.2019and they have already been served six months of imprisonment.lf the petitioners are not reteased they witt suffer irreparabteloss and injury.
Having regard to the fact that the petitionersare[anguishing in jail for the tast six months; they have beenconvicted for the offence under Section 379 of l.P.C. andsentenced to undergo rigorous imprisonment for a period of twoyears onty, the sentence of imprisonment imposed on the I
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petitioners in C.C.No.1185 of 2019 on the fite of the SpecialJudiciat Magistrate of First Ctass (Excise), Karimnagar, is herebysuspended, pending disposal of Criminal Appeal No.256 of 7019on the fite cf the lll Additionat Sessions Judge, Karimnagar, andthe petitioners/A2 and A3 are directed to be released on bailon their fL,rnishing personal bond to the tune of Rs.10,000/-Judiciat Magistrate of First Ctass (Excise), Karimnagar, is herebysuspended, pending disposal of Criminal Appeal No.256 of 7019on the fite cf the lll Additionat Sessions Judge, Karimnagar, andthe petitioners/A2 and A3 are directed to be released on bailon their fL,rnishing personal bond to the tune of Rs.10,000/-(Rupees ten thousand onty) with two sureties each to the tikeamount, to the satisfaction of the SpeciaI Judicjat Magistrate ofFirst Ctass tExcise), Karimnagar,amount, to the satisfaction of the SpeciaI Judicjat Magistrate ofFirst Ctass tExcise), Karimnagar, Accordingty, the Criminat Petition is attowed.
SI)/- CH. VENKATESHWARA!;SISTANT REGIST
//TRUE COPY//
SECTION OFFICE
J.2.1.The Superinrendent. Illl I he Special .lLrdicial lJ, [o99,, ][Sessions ]Distict Maeistrare.of [Judge. ]:ril. [Karimnagar]farimnaiar';;;;;;,' FirsiClass, {Excise1. "' ar ^K;rrimnagar,
4. The Station House Officer. Manakondur pili.;i,;t;", pili.;i,;t;", 5.Two CCs to pubtic pubtic prosecutor, Karinrnagar Disrricr.
5. Two CCs to pubtic pubtic prosecutor, Karinrnagar Disrricr.6.one CC ro Sri A.prabhakar n-. HigL Co;;;ij-*^r#i,"oerabad u' '(OUT)ai"*ri.',iiffi's'""' 6.one CC ro Sri A.prabhakar n-. HigL Co;;;ij-*^r#i,"oerabad u' '(OUT)ai"*ri.',iiffi's'""' 7.one Spare Copl ,&
HIGH COT]II1'
GSD,J
DATE: 30-12-2()19
ORDERCRL.P. NO.8415 C)r'20I9
I]AIL
,l l IIES [f,0]