APHC010095292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 238/2025 Between: Daggubati Raju ...PETITIONER A N D The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1. T KUMAR BABU Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following: 2 O R D E R: This Criminal Revision Case was filed by the petitioner herein/accused against the Order, dated 28.01.2025 passed in Crl.M.P.No.86 of 2025 in Sessions Case No.239 of 2022 by the learned Sessions Judge, Kurnool. 2. The petitioner is accused in Sessions Case No.239 of 2022 pending on the file of the Sessions Judge, Kurnool, which was taken cognizance of the offences punishable under Sections 307 and 302 of the Indian Penal Code, 1860 (for brevity ‘IPC’). 3. Subsequent thereto, the learned Sessions Judge fixed the trial schedule and on 13.12.2024 the case was adjourned to 07.01.2025 on payment of costs of Rs.500/- by the petitioner herein/accused to the witnesses, but on the said date, the petitioner herein/accused called absent and thereby, non- bailable warrant was issued by the learned Sessions Judge on 07.01.2025. 4. The petitioner herein/accused filed Crl.M.P.No.86 of 2025 under Section 70 (2) of the Code of Criminal Procedure, 1973 praying the Court to recall the non-bailable warrant issued against him on 07.01.2025. Learned Sessions Judge, vide 3 Order, dated 28.01.2025, dismissed the said petition observing that the there was no satisfactory reason from the side of the petitioner herein/accused to recall the non-bailable warrant issued against him. Aggrieved by the said Order, the present Criminal Revision Case was filed by the petitioner herein/ accused. 5. Learned counsel appearing on behalf of the petitioner herein/accused would submit that the wife of the petitioner herein/accused was hospitalized and underwent treatment for kidney ailment and because of the said reason, the petitioner herein/accused could not attend the Court on 07.01.2025 and the absence of the petitioner herein/accused is neither willful nor wanton, only because of the reason i.e. the wife of the petitioner herein/accused was hospitalized. 6. Heard both sides. Perused the record. 7. A perusal of material on record goes to show that the learned Sessions Judge fixed the trial schedule and in such process, on 13.12.2024 the case was adjourned to 07.01.2025 on payment of costs of Rs.500/- by the petitioner herein/accused to the witnesses, but on 07.01.2025, neither costs were paid nor the petitioner herein/accused appeared before the Court, 4 thereby, the learned Sessions Judge issued non-bailable warrant against the petitioner herein/ accused on 07.01.2025. 8. A perusal of contents of the petition in Crl.M.P.No.86 of 2025, filed before the learned Sessions Judge, goes to show that the petitioner herein/accused undertakes that he would appear before the Court on each and every adjournment without fail. 9. In view of the aforesaid facts and circumstances this Court directs the petitioner herein/accused to file an application before the learned Sessions Judge, Kurnool. On such application, the learned Sessions Judge, Kurnool is directed to recall the Non-Bailable Warrant, on the following terms and conditions: (1) The petitioner herein/accused shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand) each with two (02) sureties for likesum each to the satisfaction of the learned Sessions Judge, Kurnool; (2) The petitioner herein/accused shall attend the Court on each and every adjournment, without fail; 5 10. It is needless to mention here that in case, the petitioner herein/accused does not make himself available before the Sessions Court on any of the adjournment without filing appropriate application, till the disposal of the case, the learned Sessions Judge is at liberty to proceed in accordance with law. 11. Accordingly, the Criminal Revision Case is allowed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed. JUSTICE K. SREENIVASA REDDY 25th February, 2025. DNB