THURSDAY ,THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE , PRESENT ``.,., . `_-, THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5622 OF 2025. ut I/ Between: L/ Lingam Veera Venkata Gopala Krishna Murthy, S/o. Veerabhadra Rao, Hindu, Male, aged 54 yea'rs, R/o.D.No.1-133,1st Line, Shiridi Nagar, Satrampadu, Eluru, Eluru Dist. tr/ Petitioner/Accused \t AND -/ 1. Velpula Venkata Subbayya, S/o.Subba Rao, Hindu, Male, aged 45 years, R/o.D.No.2=€6, Satrampadu Eluru, Eluru Dist. lrf 2. The State OfAndhra Pradesh, Rep by its Public Pro;%--cutor, High court of An.c!.h.ra Prac!es.h , Am.a.ra\,,at`hi \rf Respondent/Complainant petition under sections 4#& 4t5J9 of Cr.P.C, (New Sections 4`8riO & 4a8~3- of BNSS, 2023)tsi;raying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant bail to the petitioner/Accused in connection with Crl. M.P. N'o.245/202-5 in CrI. Appeal No.2€7/2O24 on the file of I Addl. District and Sessions Judge Court, Eluru, W.G.Dist. ted+r COUNSEL FOR THE PETITIONER : SRl. CHAKRALA SA'RAT CHAND COUNSEL FOR THE RESPONDENT NO.2 : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER I_==>.i,\^-;?`- APHCO10274342025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Spec[-aI OrI-gina[ JurisdictI-On) THljF3SDAY ,THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I+ CRIMINAL PETITION NO: 5622/2025 [3521] Between: Lingam veera venkata Gopala Krishna Murthy ...PETITIONER/ACCUSED AND velpula Venkata Subbayya and others ...RESPONDENT/COIVIPLAINANT(S) Counsel for the Petitioner/accused: 1. CHAKRALA SARAT CHAND counsel for the Respondent/complainant(s): 1. PUBLIC PROSEICIJTOR 2. The Court made the following: ORDER: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO J/ CRIMINAL PETITION NO: 5622/2025 The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS'), seeking to enlarge the Petitioner/Accused on baI'l in connection . with Criminal Appeal No.237 of 2024 on the file of I Addl. District and Sessions Judge Court, Eluru, West Godavari District which was filed against the judgment in C.C.No.1039 of 2021 on the file of the Special Judicial I class Magistrate (Mobile Court), Eluru, for the offence und,er Section 138 of Negotiable Instruments Act,1881 (for brevity {N.I. Act'). 2. The petitioner/accused was convicted in c.c.No.1039 of 2021 on the file of SpI. Judicial I class Magistrate (Mobile Court), Eluru vide calendar and J-udgmen{ dated 17.10.2024 and he was sentenced to undergo simple imprisonment for a period of one year for the offence under Section 138 of {N.I. Act] and further directed to pay an amount of Rs.4,00,000/-{o the complainant towards compensation under section 357(3) of Cr.P.C., within a period of two months, in default of payment of compensation amount, the petitioner shall undergo simple imprisonment for a period of three months. The petitioner/accused filed Cri.M.P.No.1 of 2024 in CrI.A.No.237 of 2024 on the file of I AddI. District and Sessions ri Eiii. _.L`f, a,a/ Judge Court, EIuru, West Godavari Distri.ct, seeking suspension of sentence and the learned Trial Court allowed the said petition on 14.ll.2024 subject to the petitioner depositing 200/o of the compensation amount within a period of two(2) months. Since the petitioner failed to deposit the said compensation amount, the learned Trial Court issued NBW a'gainst the petitioner; the police arrested him on 03.05.2025 and produced before the Spl. Judicial I class Magistrate (Mobile Court), EIuru. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. 4. Perused the record. 5. Sri.Chakrala Sarat Chand, the learned counsel for the petitioner submits that the petitioner/accused has been suffering from Brain Stroke and other health ailments; as such he was unable to pay 20O/o of the compensation amount ordered by the learned Trial Court; due to the non-deposit of the said 200/o of the compensation amount, the learned Trial Court issued NBW against the petitioner on o3.05.2025. Pursuant to which the petitioner was arrested and produced before the SPI. Judicial I Class Magistrate (Mobile Court), Eluru,' petitioner would abide by any conditions to be imposed by this Court; and urged to allow the petition. `\ \`.\ <-+--..--,.--' '=>+I_i 6. Per cor7fra, the learned Assistant Public Prosecutor submits that the crl-minal appeal filed by the petitioner is pending consideration before ~~ the first appeIIate court and opposed in granting of bail. 7. Having regard to the submissions made by the learned counsel for the petitioner and considering the health ailments of the petitioner, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions. 8. In the result, the criminal petition is allowed with the following conditions: i. The petitioner shall be en`Iarged on bail subject to depositing 100/o of the compensation amount awarded by the learned Trial Court, within a perI'Od Of One(1) month . from the date of this order. ii. The petitioner shall attend each and every adjournment before the AppeI'afe Court on the date of hearing, unless his absence is condoned on petition. SD/-IVI. PRABHAKAR RAO REG ISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To, 1. The I AddI. District and Sessions Judge Court, EIuru, W.G.Dist. 2. The Special Judicial First Class Magistrate (Mobile Court), Eluru 3. The Superintendent, District Jail, EIuru, W.G.Dist 4. Velpula Venkata Subbayya, S/o.Subba Rao, Hindu, Male, aged 45 years, R/o.D.No.2-66, Satrampadu Eluru, EIuru Dist. (by RPAD) 5. One CC to SRl. CHAKRALA SARAT CHAND Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 7. Onespare copy HIGH COURT DR.YLR,J DATED:22/05/2025 BAIL ORDER CRLP.No,5622 of 2025 ALLOWED *m i-='£.,=`