APHC010012062009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 758/2009 Between: 1. PURINI VENKATAKRISHNAIAH,, S/O. RAMANAIAH, R/O. THATITHOPU VILLAGE, KOTA MANDAL, NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF A P REP BY PP, rep by Public Prosecutor, High Court of A.P., Hyderabad. ...RESPONDENT 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 to prefer this Criminal Revision Case before this Hon'ble High Court being aggrieved by the order dt.18.3.2009 made in Crl.A.No.125/2009 on the file of the Court of III Addl. Sessions Judge, Nellore in convicting the petitioner in CC.No.77/2007 on the file of the Judicial Magistrate of First Class Kota dated 03.10.2008. IA NO: 1 OF 2009(CRLRCMP 1028 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 dispense with the filing of the Certified copy of the Judgment in CC.No. 77/2007 on the file of the Judicial Magistrate of First Class Kota dated 03.10.2008 IA NO: 2 OF 2009(CRLRCMP 1041 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 on bail by suspending the execution of sentence passed in Crl.A. No. 125 of 2008 on the file of the court of III Addl. Sessions Judge, Nellore dated 18-3-2009 in convicting the Petitioner in CC No.77 of -2- CRL.R.C. No.758 OF 2009 2007 on the file of the Court of the I Class Magistrate, Kota, Nellore, dated 3- 10-2008 pending disposal of the main Crl,.R.C. Counsel for the Petitioner: 1. Sri Kambhampati Ramesh Babu Counsel for the Respondent: 1. Sri Panini Somayaji Assistant Public Prosecutor For the respondent-State The Court made the following order: 1. Instant criminal revision case has been preferred against order, dated 18.03.2009, passed in Crl.A. No.125 of 2009 on the file of the Court of III Additional Sessions Judge, Nellore, whereby learned Sessions Judge confirmed the conviction of the petitioner in C.C. No.77 of 2007 on the file of the Court of Judicial Magistrate of First Class, Kota, dated 03.10.2008. 2. The petitioner was found guilty by learned Judicial Magistrate of First Class for the offences punishable under Sections 337 and 304-A of the Indian Penal Code, 1860 (for short, ‘I.P.C.’). He was sentenced to suffer rigorous imprisonment for a period of one year for the offence under Section 304-A of IPC and rigorous imprisonment for a period of one month for the offence under Section 337 of IPC. On appeal, learned appellate Court modified the nature of punishment from rigorous imprisonment to simple imprisonment, but did not reduce the quantum of sentence. 3. Learned counsel for the petitioner, at the outset, without challenging the merits of the matter submits the petitioner is old aged persons about 66 years and suffering from several old age ailments, he is presently not in a -3- CRL.R.C. No.758 OF 2009 position to undergo the sentence imposed upon him. He further places on record a medical certificate issued by the Assistant Professor, Government General Hospital, Nellore, wherefrom it appears that the petitioner is suffering from “Hearing (infirmity) c̄ Blindness c̄ Comorbidity, Old PTB”. 4. Learned Assistant Public Prosecutor raised strong objections and submits that there is no illegality or impropriety in the impugned order and, hence, the order of conviction cannot be interfered with. 5. Heard learned counsel for the parties. 6. It appears that the order of conviction was passed in C.C. No.77 of 2007. The alleged accident occurred on 23.02.2007, due to rash and negligent driving of the petitioner, who drove the auto at a very high speed. However, this criminal litigation has been pending for nearly two decades and the petitioner is now before this Court. It further appears that the petitioner is suffering from several serious ailments. 7. In Surendran vs Sub Inspector of Police1, Hon’ble Supreme Court has held that a lenient approach may be adopted in the matter of sentence where an accused has suffered the ordeal of prolonged litigation. 8. Following the principle laid down by the Hon’ble Supreme Court and also considering the medical condition of the petitioner, this Court is of the view that it is a fit case to take a lenient view in favour of the petitioner. Considering the age and medical condition of the petitioner, as well as the 1 2021 Supreme(SC) 298 -4- CRL.R.C. No.758 OF 2009 long pendency of the criminal litigation, the conviction recorded by learned trial Court and partly modified by learned appellate Court is hereby maintained, but substantive sentence of imprisonment imposed upon the petitioner is modified to a fine of Rs.5,000/-. 9. The petitioner is directed to pay the fine amount of Rs.5,000/- (Rupees five thousand only) before learned trial Court within four weeks from the date of passing of this order. Failing such payment, the sentence imposed by learned trial court and modified by learned appellate Court shall continue in accordance with law. 10. Under the above observation, the sentence imposed upon the petitioner is hereby modified. Accordingly, the criminal revision case is allowed in part. 11. Petitioner has to file a memo in the registry showing the payment of fine amount within six weeks from the date of passing of the order. 12. Miscellaneous petitions, if any, pending in this revision case shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Dt.17.08.2026 BV