(ADVANCE ORDER) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY AND THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL APPEAL NO: 1212 OF 2017 Appeal under Section 389 (1) & 374(2) of Cr.P.C., aggrieved by the Judgment of the learned I Additional District and Sessions Judge, Vizianagaram passed in Sessions Case No. 61 of 2015 dated 19.09.2017. Between: 1. Rayala Satheesh, S/o Thaviti Raju, Aged about 28 years, Occ; Lorry Driver, R/o V.P Rega Village, Garividi Mandal, Vizianagaram District. 2. Ballana Anil, S/o Late Trinadha Rao, Aged about 29 years, Occ: Auto Driver, R/o Kailasapuram, Visakhapatnam. ...Appellants/Accused AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature at Amaravati. ...Respondent/Complainant I-A. NO: 1 OF 2017(CRLAMP. NO: 2416 OF 2017) Petition under Section 389 (1) Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the petitioners on bail by suspending the judgment of the 1st Additional Sessions Judge, Vizianagaram passed in Sessions Case No. 61 of 2015 dated 19.09.2017, pending disposal of the appeal and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of the case. lA NO: 1 OF 2023 Petition under Section 389 (1) CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Judgment passed in S.C.No. 61 of 2015 on the file of I Additional District and Sessions Judge, Vizianagaram and to release the petitioners on bail, pending disposal of the main Criminal Appeal. lA NO: 2 OF 2023 Petition under Section 389 (1) CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Judgment passed in S.C.No. 61 of 2015 on the file of I Additional District and Sessions Judge, Vizianagaram and to release the petitioners on bail, pending disposal of the main Criminal Appeal. Counsel for the Appellant No.1: SRI G VIJAYA SARADHI Counsel for the Appellant No.2: Dr. Challa Srinivasa Reddy Counsel for the Respondent: Public Prosecutor (AP) The Court made the following Order: HON'BLE SRI JUSTICE K.SURESH REDDY AND HON'BLE SMT. JUSTICE V.SUJATHA CRIMINAL APPEAL No. 1212 OF 2017 ADVANCE ORDER: (per Hon'ble Sri Justice K.Suresh Reddy) In the result, the criminal appeal is allowed setting aside the conviction and sentence recorded against the appellants-accused Nos. 1 and 2 by judgment dated 19-09-2017 in Sessions Case No. 61 of 2015 on the file of the Court of learned I Additional District and Sessions Judge, Vizianagaram. The appellants-accused Nos. 1 and 2 are acquitted of all the charges. The appellants-accused Nos. 1 and 2 shall be set at liberty forthwith if they are not required in any other case. Fine amount paid, if any, by the appellants- accused Nos. 1 and 2 shall be refunded to them. Pending miscellaneous applications, if any, shall stand disposed of in consequence. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// OFFICER SE To, \ \ The I Additional District and Sessions Judge, Vizianagaram Vizianagaram District. (BY SPEED POST) 1. The Judicial First Class Magistrate: Cheepurupalli, Vizianagaram District. (BY SPEED POST) 2. The Superintendent, Visakhapatnam Central Prison, Visakhapatnam District. (BY SPEED POST) 3. The Inspector of Police, Cheepurupalli Circle, Vizianagaram District. (BY SPEED POST) 4. 5. The Station House Officer, Garividi Police Station, Vizianagaram District. 6. One CC to Sri G Vijaya Saradhi Advocate [OPUC] 7. One CC to Dr. Challa Srinivasa Reddy Advocate [OPUC] 8. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 9. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravati. 10.Three CD Copies SAM vna ADVANCE ORDER HIGH COURT DATED;24/04/2025 2 ii APR 2025 . Current Section ADVANCE ORDER O o fUlc ac CRLA.No.1212 of 2017 ALLOWING THE CRIMINAL APPEAL