APHC010077882019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 309/2019 Between: 1. V.KOTESWARA RAO, DHAVAJIGUDEM VILLAGE, GANNAVARAM MANDAL. ...PETITIONER AND 1. STATE OF AP, HIGH COURT OF AP, AMARAVATI. 2. MADDU SAGAR BABU, S/O. JOJAPPA, AGED ABOUT 34 YEARS, R/O.3-74, KORRAPADU VILLAGE, GUNTUR DISTRICT. ...RESPONDENTS Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased aggrieved by the calendar and judgment date.12.03.2019 in Crl.A.29/2016 on the file of the court of the VII Additional district and sessions judge at Vijayawada confirming the sentence imposed in calendar and judgment dated 29-03-2016 in CC. 832/2011 IA NO: 1 OF 2019 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 dispense with the filing of certified copy of calendar and Judgment dated 29- 03-2016 in C.C.No.832 of 2011 on the file of the Court of the I Additional Chief Metropolitan Magistrate at Vijayawada before this Hon'ble Court for time being and pass such other orders as may be deem fit and proper in the circumstances of the case. IA NO: 2 OF 2019 2 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 enlarge the Petitioner on Bail by suspending the execution of sentence of imprisonment imposed by Calendar and Judgment dated 29-03-2016 in C.C.No. 832 of 2011 on the file of the Court of the I Additional Chief Metropolitan Magistrate at Vijayawada, which was confirmed by Calendar and Judgment dated 12-03-2019 in Crl.A.No. 89 of 2016 on the file of the Court of VII Additional District and Sessions Judge at Vijayawada pending disposal of the above revision and pass such other orders as may deem fit and proper in the circumstances of the case. IA 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 may be pleased to recall the Non Bailable Warrant issued in Crl.Rc.No.309 of 2019 on 10-12-2025 against the petitioner in the interest of justice, in the circumstances of the case and pass IA NO: 1 OF 2026 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 May be pleased to implead the petitioner/Defacto-complainant as 2 respondent is a proper and necessary party in the above CRL.R.C No. 309 of 2019 to record the compromise and pass IA NO: 2 OF 2026 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 May be pleased to compound the offence by granting permission as contemplated under 359(8) BNSS 2023 and to acquit the accused by allowing the CRL R.C No 309/2019 by setting aside the conviction and sentence imposed in C.C No 832/2011 on the file of I Additional Chief Metropolitan Magistrate which was confirmed in CRLA No 89/2016 on the file of the VII Additional District and Sessions Judge at Vijayawada and pass IA NO: 3 OF 2026 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 May be pleased to record the compromise among the parties and to allow the CRL R.C No. 309 /2019 by setting aside the conviction and sentence imposed in C.C No 832/2011 on the file of I Additional Chief Metropolitan Magistrate 3 which was confirmed in CRLA No 89/2016 on the file of the VII Additional District and Sessions Judge at Vijayawada and pass Counsel for the Petitioner: 1. GHANTASALA UDAYA BHASKAR Counsel for the Respondent: 1. CHAVALI GANESH 2. - 3. PUBLIC PROSECUTOR (AP) 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.2 & 3 of 2026 In/and CRIMINAL REVISION CASE NO: 309/2019 COMMON JUDGMENT: This Criminal Revision Case has been filed aggrieved by the Calendar and Judgment dated 12.03.2019 passed in Crl.A.No.89 of 2016 on the file of the learned VII Additional District and Sessions Judge, at Vijayawada, confirming the conviction and the sentence imposed in Calendar and Judgment dated 29.03.2016 passed in C.C.No.832 of 2011 on the file of the learned I Additional Chief Metropolitan Magistrate, Vijayawada. 2. Heard Sri Ghantasala Udaya Bhaskar, learned Counsel for the Petitioner, Mrs. K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State and Sri Chavali Ganesh, learned counsel representing for the proposed respondent/defacto complainant. 3. I.A.Nos.2 and 3 of 2026 have been filed seeking to record compromise among the parties and to allow the present revision case by setting aside the conviction and sentence imposed by the Trial Court vide Judgment dated 29.03.2016 in C.C.No.832 of 2011 on the file of the learned I Additional Chief Metropolitan Magistrate, Vijayawada. 4. The Petitioner/accused and the defacto complainant are present before this Court and submitted that they have compromised the matter amicably. It is submitted that they filed a joint memo along with affidavits, which has been countersigned by the learned counsel for both sides. 5 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 6. In that view of the matter, I.A.Nos.2 and 3 of 2026 are allowed. Consequently, the Criminal Revision Case is allowed in terms of compromise, subject to the payment of an amount of Rs.15,000/- to the High Court Legal Services Committee by the Petitioner/Accused. The Member Secretary is directed to spend this amount for the welfare of the children in the Government Home to provide any amenity or purchase clothes or books or any other things to attend their needs. 6. Accordingly, the Judgment dated 12.03.2019 passed in Crl.A.No.89 of 2016 on the file of the learned VII Additional District and Sessions Judge, at Vijayawada, confirming the conviction and the sentence imposed in Calendar and Judgment dated 29.03.2016 passed in C.C.No.832 of 2011 on the file of the learned I Additional Chief Metropolitan Magistrate, Vijayawada are set aside subject to payments of costs. Accordingly, the Petitioner/Accused is acquitted. Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.02.2026. UPS 6 213 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.2 & 3 of 2026 In/and CRIMINAL REVISION CASE NO: 309/2019 Dt.12.02.2026 UPS