APHC010331302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3517] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL APPEAL NO: 738/2024 Between: 1. NILLA BULLI KOTAYYA, S/O. PULLAIAH, AGED 70 YEARS, R/O. KARNABATTUI, D.NO. 43-125-9, KRISHNA HOTEL CENTRE, SINGH NAGAR, VIJAYAWADA. ...APELLANT AND 1. NILLA MALLIKA NAGA KOTA SOMESWARI, (AL) W/O. DURGA PRASAD, KAMA BHAKUTHULA, D.NO.43-144-9, PYPULA ROAD, BESIDE S.B.H., SINGH NAGAR, VIJAYAWADA. (AL PRESENTLY UNDERGOING SENTENRP IN CENTRAL JAIL. RAIAHMUNDRY A P ) 2. MAJJI SIMHACHALAM A2, S/O. LAKSHMAIAH NAIDU, AGED 36 YEARS, TURPU KAPU, SANTHI NAGAR, VIJAYAWADA. 3. BAJINEEDU ANKAMA RAO A3, S/O. VEERAIAH, AGED ABOUT 47 YEARS, YADAV, P.S.BAZAR, PEDA KAKANI,GUNTUR DISTRICT. 4. PRATHI HANUMANTHA RAO A4, S/O. YALAMANDAIAH, AGD 54 YEARS, KAPU, SINGH NAGA, VIJAYAWADA. MAREEDU DANAIAH @ NAGU (A5), S/O. VENKATESWARLU, AGED 44 YEARS, GOWDA, NEAR INDANE GAS, BYPASS ROAD, MANGALAGIRI. 5. MAREEDU DANAIAH NAGU A5, S/O. VENKATESWARLU, AGED 44 YEARS, GOWDA, NEAR INDANE GAS, BYPASS ROAD, MANGALAGIRI. 6. SHAIK ADAM SHARIEF A6, S/O. FAREED, AGED 43 MUSLIM, D.NO.32-42-9/8, GULAMOHIDDIN NAGAR, NEAR B.S.N.L., CHUTTUGUNTA, VIJAYAWADA. 7. BODDU LAKSHMANA RAO A7, S/O. RAMA KRISHNA, AGED 48 YEARS, PADMASALI, D.NO.629, VAMBAY COLONY, 2 Crl.A.No.738 of 2024 VIJAYAWADA. 8. THE STATE, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH THROUGH INSPECTOR OF POLICE, AJITHSINGHNAR,P.S. VIJAYAWADA CITY. (RESPONDENTS 2 TO 7 / ACCUSED NO. 2 TO 7 ARE NOT NECESSARY PARTIES TO THIS APP ...RESPODENT(S): Counsel for the Appellant: 1. J U M V PRASAD Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR IA No.4 of 2024 in/and Criminal Appeal No.738 of 2024 The Court made the following COMMON JUDGMENT : (Per the Hon’ble Sri Justice K.Suresh Reddy) P.W.3 who is none other than the father of the deceased in Sessions Case No.128 of 2018 on the file of the Court of XII Additional District and Sessions Judge-cum-VI Additional Metropolitan Sessions Judge, Vijayawada, filed the present Appeal under Section 500 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release of M.Os.1 to 11 and 15 in his favour. 2. A.1 to A.7 were tried by the learned Additional Sessions Judge for the offences punishable under Sections. 449, 302, 380, 201, 120-B, 109, 411 read with 34 IPC. After completion of trial, learned Additional Sessions Judge convicted A.1 and A.2 for the offences punishable under Sections. 302, 449, 120-B, 380 and 201 read with 34 IPC. A.3 to A.7 were also convicted for the offences punishable under Sections. 3 Crl.A.No.738 of 2024 201 and 411 read with 34 IPC. Aggrieved by the conviction and sentence, A.1 filed Criminal Appeal No.283 of 2024 and the remaining accused filed Criminal Appeal Nos.841 of 2023, 859 of 2023 and 857 of 2023. 3. While disposing of Sessions Case, the learned Additional Sessions Judge directed to return M.Os.1 to 11 and 15 to P.W.3 after expiry of appeal time. Aggrieved by the same, the appellant/P.W.3 filed the present appeal seeking custody of M.Os.1 to 11 and 15 as he is the owner of the same. This Court ordered notice to the accused before admission. Though notices were served, the accused are not claiming the said M.Os. Admittedly, M.Os.1 to 11 and 15 were stolen from the shop of the deceased. P.W.3, being father of deceased, is claiming the above said M.Os. Admittedly, there are no rival claimants to the above said M.Os. 4. In view of the above facts and circumstances, this Court is inclined to dispose of the Appeal as well as I.A.No.4 of 2024 at the admission stage granting custody of M.Os.1 to 11 and 15 to the appellant/P.W.3 with certain conditions : i. Learned XII Additional District and Sessions Judge - cum - VI Additional Metropolitan Sessions Judge, Vijayawada is directed to release M.Os.1 to 11 and 15 in favour of the appellant/P.W.3 by taking photographs and video graphs of 4 Crl.A.No.738 of 2024 the above M.Os., on a condition of furnishing personal bond by the appellant for Rs.50,000/- with one (01) surety to his satisfaction; ii. The appellant is directed not to alter and alienate M.Os.1 to 11 and 15; iii. Further, the appellant is directed to produce the above M.Os.1 to 11 and 15 as and when required by this Court. Consequently, miscellaneous petitions, if any, pending shall stand closed. JUSTICE K.SURESH REDDY _____________________ JUSTICE T.C.D.SEKHAR Dt. 02.01.2025 SAB / TSNR 5 Crl.A.No.738 of 2024 136 THE HON’BLE SRI JUSTICE K.SURESH REDDY AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR IA No.4 of 2024 In / and Criminal Appeal No.738 of 2024 (per Hon’ble Sri Justice K.Suresh Reddy) Date: 02.01.2025 SAB / TSNR