GARIKAMUKKU ANANDARAO SAMUEL RAO v. The State of Andhra Pradesh
CRLP/10231/2025 · 2025-09-25
Venkata Jyothirmai Pratapa
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 46548 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46548 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010461152025
IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10231 OF 2025 Between:
1. GARIKAMUKKU ANANDARAO SAMUEL RAO, S/o. Sanjeeva Rao, aged about years R/o. Teacher CSI, Primary School Chintalavelli Musunuru Mandal, Krishna District. 1. The State of Andhra Pradesh, represented by its Public Prosecutor Hi Court of Andhra Pradesh. 2. Yanamandala Ram Babu, S/o. Aniruddu, aged about 55 years, R/o. Pallerlamudi Village, Nuzvid, Krishna District. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstance Criminal Petition, the High CourtPleased to set 2024, in Crl.M.P.No.486 of 2024 in CRLA No.112 of 2024, passed by the Court of the XV Additional District & Sessions Judge, Krishna D Nuzvid, and pass IA NO: 1 OF 2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10231 OF 2025
1. GARIKAMUKKU ANANDARAO SAMUEL RAO, S/o. Sanjeeva Rao, aged about years R/o. Teacher CSI, Primary School Chintalavelli Musunuru ...Petitioner AND
1. The State of Andhra Pradesh, represented by its Public Prosecutor Hi
2. Yanamandala Ram Babu, S/o. Aniruddu, aged about 55 years, R/o. Pallerlamudi Village, Nuzvid, Krishna District. ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High CourtPleased to set- aside the Order, dated 13 2024, in Crl.M.P.No.486 of 2024 in CRLA No.112 of 2024, passed by the Court of the XV Additional District & Sessions Judge, Krishna D IN THE HIGH COURT OF ANDHRA PRADESH
FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. GARIKAMUKKU ANANDARAO SAMUEL RAO, S/o. Sanjeeva Rao, aged about years R/o. Teacher CSI, Primary School Chintalavelli Musunuru ...Petitioner
1. The State of Andhra Pradesh, represented by its Public Prosecutor High
2.
Yanamandala Ram Babu, S/o. Aniruddu, aged about 55 years, R/o. ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS s stated in the Memorandum of Grounds of aside the Order, dated 13-12- 2024, in Crl.M.P.No.486 of 2024 in CRLA No.112 of 2024, passed by the Court of the XV Additional District & Sessions Judge, Krishna District at
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to I couldn't representation the bundle with in time as was miss place the office this was condone the delay of 3 days in representing the CRLPSR NO. 11474 of 2025, the interest of justice and to pass IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased Pleased to dispense with the filing of certified copy of the Order, dated 13-12-2024, in CRL.M.P. No.486 of 2024 in CRLA.No.112 of 2024, passed by the Court of the XV Additional District & Sessions Judge, Krishna District at Nuzvid, and pass IA NO: 3 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay the operation of the Order, dated 13-12-2024, in Crl.M.P.No.486 of 2024 in CRLA No.112 of 2024, passed by the Court of the XV Additional District & Sessions Judge, Krishna District at Nuzvid, and pass Counsel for the Petitioner: NAMBURI SURYA VENKATA MAHARSHI Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10231 OF 2025
ORDER:
The instant Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner seeking to set aside the order dated 13.12.2024, passed in Crl.M.P. No.486 of 2024 in Crl.A. No.112 of 2024 by the Court of the XV Additional District and Sessions Judge, Krishna District, at Nuzvid.
2. Heard Ms Namburi Surya Venkata Maharshi, learned counsel for the petitioner, and Ms. Lakshmi Prasanna, learned Assistant Public Prosecutor appearing for the State.
3.
Learned counsel for the petitioner submits that the petitioner, he is a retired teacher and was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo simple imprisonment for one year and to pay a fine of ₹12,10,000/-. Aggrieved by the conviction and sentence, the petitioner preferred Crl.A. No.112 of 2024, which is pending consideration before the learned Appellate Court. It is further submitted that, pending the appeal, the petitioner filed Crl.M.P. No.486 of 2024, which was allowed by the appellate court, suspending the sentence of imprisonment, on condition that the petitioner shall deposit 20% of the compensation amount. However, due to his poor financial condition, the petitioner failed to deposit the said amount within the stipulated time, resulting in issuance of a Non-Bailable Warrant (NBW), and he is presently confined in
the Central Prison on the basis of the conviction warrant. Learned counsel prays that the petitioner may be granted two (2) weeks’ time to comply with the condition imposed by the appellate court for deposit of the amount.
4. Considering the submissions made by the learned counsel for the petitioner and in the facts and circumstances of the case, this Court deems it appropriate to grant a short time to enable the petitioner to comply with the condition imposed by the appellate court.
5. Accordingly, the Criminal petition is disposed of, permitting the petitioner to deposit the amount, as directed by the appellate court in Crl..M.P.No.486 of 2024 in Crl.A. No.112 of 2024, within a period of two (2) weeks from the date of receipt of this order. On such deposit, the petitioner shall be released from the custody, subject to compliance of other conditions imposed by the Appellate Court. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________
Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA
Date: 09.10.2025 KKV
620
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 10231 OF 2025
09.10.2025 KKV