APHC010305132009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1006/2009 Between: 1. K.RAJENDRA ,, S/O. CHINNABBA R/O. GANGASAGARAM VILLAGE, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF A P REP BY PP, rep.by its Public Prosecutor, High Court Bldgs, Hyderabad, through Inspector fo Police, CCS Chittoor in Crime No.351/2005 ...RESPONDENT Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toto setaside the Judgement passed in Crl.ANo. 14/2006 dt. 24.09.2008 on the file of the V Addl. Dist and Sessions Judge, Tirupathi IA NO: 1 OF 2009(CRLRCMP 317 OF 2009 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 condone the delay of 51 days in preferring the revision IA NO: 2 OF 2009(CRLRCMP 1355 OF 2009 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/accused No.2 herein on bail by suspending the 2 SS,J Crl.R.C.No.1006 of 2009 sentence passed in Crl.A.No.14/2006 dt. 24.09.2008 on the file of the V Addl. Dist and Sessions Judge, Tirupathi, pending disposal of the Crl.R.C. Counsel for the Petitioner: 1. BALU ANIL KUMAR PALLA 2. LEGAL AID Counsel for the Respondent: 1. PUBLIC PROSECUTOR 3 SS,J Crl.R.C.No.1006 of 2009 The Court made the following Order: The instant Criminal Revision has been preferred against an order, dated 24.09.2008 passed by the learned V Additional District and Sessions Judge, Tirupati in Criminal Appeal No.14 of 2006, wherein the learned Appellate Court confirmed the order of conviction passed by the learned Trial Court against the present petitioner under Sections 379 & 414 of I.P.C. 2. The brief fact of the matter is that, on 19.09.2005 at about 11:00 A.M., at Srivari Akilandam, Tirumala, A1 allegedly inserted his hand into the back pocket of the complainant’s pant, while he was offering coconut in the temple, and had committed theft of Rs.460/- (Rupees Four Hundred and Sixty only). The said amount was passed to A2. The complainant caught hold both of them with the help of police constable on duty and they were handed over to the Police and reported the matter to the Police. On the basis of the said report, charges were framed against both the accused persons under Sections 379 & 414 of I.P.C.. At the time of framing of the charges, both the accused persons pleaded guilty and admitted the charges framed against them. Since the accused persons pleaded guilty to the charges, the learned Magistrate has passed the sentence of Simple Imprisonment for a period of five (05) months each for the offences punishable under Sections 379 & 414 of I.P.C. respectively. Learned Appellate Court has also confirmed the said order of conviction by dismissing the said Appeal. Hence, the instant Criminal Revision. 4 SS,J Crl.R.C.No.1006 of 2009 3. The learned counsel for the petitioner submits that the petitioner being A2 was unaware about the Telugu language and he is a resident of the Tamil Nadu State. Thus, he erroneously pleaded guilty at the time of framing of charges. He further submits that the matter is pending since long and that the petitioner’s health condition is very poor. So, at this juncture, he prayed for the necessary order of leniency. 4. The Inspector of Police, Tirumala II Town Police Station, Tirumala has placed a report in respect of the status of the petitioner through the learned Public Prosecutor. It appears from the report that a Bailable Warrant issued by this Court was executed and the petitioner was produced before the learned II Additional Judicial Magistrate of First Class, Tirupati on 21.03.2025. Subsequently, he was released on bail on the same day. It was further reported that the petitioner is suffering from kidney related ailments and he is unable to move freely. At present, he is undergoing treatment at Vellore, Tamil Nadu State & Tirupati and his health condition is not good. 5. Taking note of the submissions as well as the report filed by the Police Authorities, it appears that the petitioner was convicted in a petty offence for snatching an amount of Rs.460/- only. It has been argued that the petitioner was a resident of Tamil Nadu and he is not aware of the Telugu language. However, no such material is placed on record. 6. Considering the entire circumstances, it appears that the instant Criminal Litigation is pending since 2005. As the health condition of the 5 SS,J Crl.R.C.No.1006 of 2009 petitioner is not good, it is not possible to the petitioner to carry out the sentence of imprisonment of either description. 7. Accordingly, in the present situation, this Court deems fit to modify the sentence of imprisonment to a fine of Rs.500/-. The petitioner is directed to pay the fine amount before the learned Trial Court within eight (08) weeks from the date of knowledge of this Order. The Police Authorities shall inform the order to the petitioner, failing which the learned Trial Court shall issue necessary order of warrant to comply with the order. 8. Accordingly, this Criminal Revision Case is disposed of. As a sequel, interlocutory applications pending, if any, shall stand closed. _______________________ SUBHENDU SAMANTA, J Date:22.07.2026 KPV 6 SS,J Crl.R.C.No.1006 of 2009 192 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE No:1006 of 2009 22.07.2026 KPV