~. / | f/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY Between.. CRIMINAL PETITION NO.-453 OF 2025 , Kethawath Krl'shna Naik, s/o. Lakshrnipathi NaI'k, Aged about 45 years, sT Lambadj, vl'dyanagar, sanivarapupeta, Eluru, Now at venkatadrI'Puram, Miriyalagudem Mandal Nalgonda District, Telangana. Petitioner/Accused -1 AND The State ofAndhra pradesh, Rep. by I'tS Public Prosecutor at High Court of Andhra pradesh Through station House officer Disha women police station, EIuru. Respondent/complainant petitl'on under sections 437 and 439 of Cr.P.C(New Sectl'ons 480 and 483 of BharatI'ya Nagarik suraksha sanhita,2023), I-s filed pray,-ng that in the cl'rcumstances stated jn the memorandum of grounds filed in support of the criminal petI-lion, the Hl'gh court may be pleased to grant orders to enlarge the petitl'oner/Accused-1 on baH who is undergol'ng sentence of conviction imposed by prI'nCiPal Civ" Judge (Junior Division) Gum JudI'CI'al I Class Magl'strate.I EIuru in c c No. 528/2020, pursuant to order dated 30-ll-2024, passed crI. M.P. No. 39/2024 jn C.C. No. 528/2020 by the Trl'al Court. The petition coming on for hearl'ng, upon perusl'ng the pet,'tion and the memorandum of grounds filed Ion support thereof and upon hearing the arguments of srj ANIL KUMAR DASARl, Advocate for the petitI'Oner and of PUBLIC PROSECUTOR for Respondent, the court made the following ORDER THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY C4 L)r.3 CRIMINAL PETITION 25|OF 2025 ORDER: This Criminal Petition, under Sections 480 and 483 of .the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A1, who is undergoing imprisonment PurSuant tO conviction in c.c.No.528/2020 on the file of Principal Civil Judge (Junior Division), Eluru. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for respondent-State. 3. The petitioner is A.1 is C.C.No.528/2020 on the file of Principal civil Judge (Junior Division), EIuru. VIde Judgment dated 05.02.2024, he was convicted by the learned Magistrate for the offence punishable under section 498A IPC and sentenced to undergo Simple imprisonment for a period of three years and to pay a fine of Rs.10,000/-in default to suffer further imprisonment for one year. The trial Court suspended the sentence of imprisonment by granting bail to the petitioner on condition of furnishing certain sureties. 4. Challenging the same, the Petitioner Preferred Criminal Appeal No.47 of 2024 on the file of the Special Judge for trial of Cases under the sos and STs (PoA) Act-Gum-VIII Additional District Judge, West Godavari at Eluru. The appellate Court, vide Order dated 13.03.2024 in ( ` I r I 2 crl.M.P.No.246 of 2024 jn the sald CrI'ml'nal Appeal, suspended operation of the sentence of I®mPrI-SOnment I-mposed by the learned Magistrate tI'll disposal of the appeal, on the same dlrections/cond,'tl'ons l€ Imposed by the trial court. sl®nce the petl-tl'oner could not appear before the court on o5.03.2024, the trlal court I-ssued non-bajlable warrant agaI'nSt the petitl'oner and the same was executed on 30.ll.2024. 5. lt I-s subml|tted by the learned counsel for the petitioner that the petitioner herel'n filed bail appll'cation before the trial court, but the same was not entertaI-ned for the reason that there is no file pending before the trI'al Court. The petjtjoner hereI'n also filed ba" application before the appellate court, but the same was not entertal'ned for the reason that since the sentence of the petltIOner was suspended by the appellate court, jt I-S not possI-ble for the appellate court to pass any order to that extent. ln vlew of the sald reasons, the petI'tl'Oner Its resorted lan fillng the Present petI'tjOn Seekl-ng bail. 6 Though there is suspension of operatlon of sentence passed by the appellate court, the petltiOner l®s stlll languIShl'ng ln J®a" because of execution of non bal'lable warrant dated 30.ll.2024. 7 ln view of the aforesaI®d facts and cI'rCumstances of the case, thls court ls I'nCllned to grant ba" to the petltloner hereln, on the following COndjtion. 4. PZfy €, ` r5© 3 (i) The petitioner/a-ccused herein shall be released On his executing a personal bond for Rs.10,000/-(Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the Principal Civil Judge (Junior Division)-Gum-Jud'lciaI Magistrate of First class, Eluru. 8. Accordingly, the Criminal Petition is allowed. sD/-P.VINOD ASSISTANT RE KUMAR //TRUE COPY// SECTION OFFICER i 1. The Principal Civil Judge (Junior Division) Gum Judicial I Class Magistrate: EIuru. 2.I The Superintendent, Central Jail, Rajamahendravaram. 3. The Station House Officer Disha Women Police Station, Eluru. (by RPAD) 4. One CC to SRI. ANIL KUMAR DASARI Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court ofA.P [OPUC] 6. One spare copy To, psk ~/ LT- \ HIGH COURT SRK,J DATED: 10/01/2025 BAIL ORDER CRLP.No.453 of 2025 ALLOWED