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2025 DAILYLAW 29178 (AP)

VENNAPUSA PRATHAP REDDY v. THE STATE OF ANDHRA PRADESH

WP/21288/2025 · 2025-08-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010417242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ft. Hr? TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21288 OF 2Q2fi Between: Vennapusa Prathap Reddy, S/o. Vennapusa Rama Krishna Reddy, Age 27 Yrs, Occupation: Agriculture, R/o. 4-6B, Gangadevipalli, Korrapadu, Cuddapah Andhra Pradesh - 516444. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, And Jails Department, AP Secretariat, Amaravati, Guntur District. 2. The Superintendent of Police, Kadapa, Kapada District. 3. The Superintendent, Central Prison, Kadapa, Kadapa District. 4. The Superintendent of Jails, Ananthapuramu, Ananthapuram District. 5. The Sub Divisional Police Officer, Jammalamadugu, Kadapa District. 6. The Station House Officer, Muddanur Police Station, Kadapa District. Home Prisoners Agricultural Colony ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more in the nature of Writ of Mandamus declaring the action of the 2nd to 6th respondents are not recommending and releasing on parole of the Convict Prisoner No. 4508 Vennapusa Chinna Reddy (A-3) and Convict Prisoner No. 9642, Vennapusa Yugandhar Reddy (A-1), who have been in Central Prison. Kadapa since 2016 for attending his mother’s ending ceremony/ Dinakarma for a period of 30 days to be held on 13.08.2025. 14.08.2025, 15.08.2025 without assigning any reasons as illegal, arbitrary, unjust, unconstitutional, violation of Principles of Natural Justice and fundamental Rights Under Articles 14,19 and 21 and contrary to the procedure contemplated under the provisions of Jail manual and consequently direct the respondents to release the Convict Prisoner No. 4508, Vennapusa Chinna Reddy (A-3) and Convict Prisoner Vennapusa Yugandhar Reddy (A-1), who have been in Central Prison, Kadapa to release on parole for a period of 30 days to perform the ending ceremony / Dinakarma of the petitioner Grandmother (Mother of Vennapusa Chinna Reddy and Vennapusa Yugandhar Reddy). No. 9642 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the Convict Prisoner Numbers 4508 of Kadapa Central Prisoner & 9642 Namely Vennapusa Chinna Reddy and Vennapusa Yugandhar Reddy on parole to attend the petitioner’s Grandmother’s / Mother of the Convict Prisoners to be held on 13.08.2025, 14.08.2025, 15.08.2025 for a period of 30 days pending disposal of the above writ petition. Counsel for the Petitioner: SRI GUNDALA SIVA PRASADA Counsel for the Respondents: GP FOR HOME The Court made the following order: REDDY 1 APHC010417242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) H- [3396] ■ TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21288/2025 Between: 1.VENNAPUSA PRATHAP REDDY, S/0. VENNAPUSA RAMA KRISHNA REDDY, AGE 27 YRS, OCCUPATION AGRICULTURE, R/0. 4-6B, GANGADEVIPALLI, KORRAPADU, CUDDAPAH ANDHRA PRADESF! -516444. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL HOME AND JAILS DEPARTMENT, SECRETARY, SECRETARIATE, AMARAVATI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, KADAPA, KAPADA DISTRICT. 3.THE SUPERINTENDENT, CENTRAL PRISON, KADAPA, KADAPA DISTRICT. 4.THE SUPERINTENDENT OF JAILS, PRISONERS AGRICULTURAL COLONY, ANANTHAPURAMU, ANANTHAPURAM DISTRICT. DIVISIONAL JAMMALAMADUGU,KADAPA DISTRICT. 6.THE STATION HOUSE OFFICER, MUDDANUR POLICE STATION, KADAPA DISTRICT. AP 5.THE SUB POLICE OFFICER, ...RESPONDENT(S): Counsel for the Petitioner: 1.GUNDALA SIVA PRASADA REDDY Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; “.... a writ order or direction more in the nature of Writ of Mandamus declaring the action of the 2nd to 6th respondents are not recommending and releasing on parole of the Convict Prisoner No 4508 Vennapusa Chinna Reddy A3 and Convict 2 Prisoner No 9642 Vennapusa Yugandhar Reddy A1 who have been in Central Prison Kadapa since 2016 for attending his mothers ending ceremony/ Dinakarma for a period of 30 days to be held on 13.08.2025 14.08.2025 15.08.2025 assigning any reasons as Illegal arbitrary unjust unconstitution al violation of Principles of Natural Justice and fundamental Rights Under Articles 14 19 and 21 and contrary to the procedure contemplated under the provisions of Jail consequently direct the respondents to release the Convict Prisoner No 4508 Vennapusa Chinna Reddy A3 and Convict Prisoner No 9642 Vennapusa Yugandhar Reddy A1 who have been in Central Prison Kadapa to release on parole for a period of 30 days to perform the ending ceremony / Dinakarma of the petitioner Grandmother Mother of Vennapusa Chinna Reddy and Vennapusa Yugandhar Reddy” 2. Heard Sri Gundala Siva Prasad Reddy, learned petitioner and Sri Md.Farooq learned Assistant Government Home. 3. Learned counsel for the petitioner would submit that the mother of the Convict Prisoner No.4508 Vennapusa Chinna Reddy and Convict Prisoner No.9642 Vennapusa Yugandhar Reddy, died and that the presence of the said Convict Prisoners being sons is warranted for cremation and for attending last rites of their mother. Learned counsel would further submit that parole may be granted to the Convict Prisoners for a period of 30 days to attend the funerals and rituals of their mother. 4. Learned Assistant Government Pleader for Home would submit that the death of the mother of the Convict Prisoners is genuine and as per the Go.Ms.No.4 Home (Paroles & HRC) Department dated 06.01.2025 Superintendent of Jails is permitted to release the Convict Prisoners for a period of 48 hours on Emergency Police Escort Parade to perform the ending without manual and counsel for the Pleader for the ceremony of their mother and there is no provision/power mentioned in the said Government Order for release of convict prisoner more than 48 hours. Considering the submissions made, the Convict Prisoner No.4508 Vennapusa Chinna Reddy, who is presently undergoing sentence in Agriculture Prison, Ananthapur and the Convict Prisoner No.9642 Vennapusa Yugandhar Reddy, who is in Central Prison, Kadapa shall be released emergency police escort parole for two days i.e., on 13.08.2025 and 14.08.2025, for attending their mother’s ending ceremony / Dinakarma furnishing personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) each to the satisfaction of the concerned Superintendents of Jails. The Convict Prisoners shall report to their respective Superintendents of Jails on completion of parole period. Accordingly, the writ petition is partly allowed. There shall be no order 5. on on 6. as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- N. NAGASV!iV!A ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Home And Jails Department, State of Andhra Pradesh, AP Secretariate, Amaravati, Guntur District. 2. The Superintendent of Police, Kadapa, Kapada District. Central Prison, Kadapa, Kadapa District. Superintendent of Jails, Prisoners Agricultural Colony, 3. The Superintendent 4. The Ananthapuramu, Ananthapuram District. Police Officer, Jammalamadugu, Kadapa District. Officer, Muddanur Police Station, Kadapa District. 5. The Sub Divisional 6. The Station House 7. The Superintendent, Agricultural Prison, Ananthapur 8. One CC to Sri. Gundala Siva Prasada Reddy Advocate [OPUC] 9. Two CCs to GP for Home High Court of Andhra Pradesh [OUT] Two CD Copies 10. gsc ' h HIGH COURT DATED:12/08/2025 ORDER WP NO. 21288 OF 2025 PARTLY ALLOWING THE WP WITHOUT COSTS