Tellakula Timmaiah, Kurnool Dist. v. State Of A.P., Rep. By P.P., Hyd

i, HIGH COURT OF JUDICATURE,AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH I\,4ONDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHTEEN : PRESENT :

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE T.AMARNATH GOUD lA.No. 1 OF 20'lB IN Crl.A.No.59 of 2014 Between:

Tellakula Thimmaiah, S/o. T.Eswaraiah Petitioner (Appellant in Crl.A.No.59/2014 on the file of the High Court) AND The State of Andhra Pradesh, rep by its Publlc Prosecutor, High Court of Judicature at Hyderabad.

Respondent (Respondent in-do-) Petition under Section 389(1) of Cr.P.C. praying that in the circumstances stated in the grounds filed in the Criminal Appeal, the High Court may be pleased to release the petitioner on bail, pending disposal of Crl.A.No. 5912014 preferred to the High Court against the order of the Court of the lll Additional Sessions Judge, Kurnool at Nandyal made in SC.No. 59212012 dt.26-03-2014.

The Petltion coming on for hearing, upon perusing the petition and the grounds filed in the Criminal Appeal and upon hearing the arguments of Smt. A.Gayathri Reddy, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" This application is filed for releasing the applica nt/appellant in Crl.A.No.S9 of 2014 on bail, pending disposal of the Criminal Appeal, in terms of Order, dated 02.11.2016, in Batchu Ranga Rao and others vs. fhe Stafe of Andhra Pradesh, rep. by its Public Proseculor [Crl.A.M.P.No.1687 of 2016 in Crl.A.No.607 of 20111.

At the hearing, the learned Public Prosecutor (AP), on instructions, has submitted that apart from the fact that the applicant's case does not fall within the exceptions in Batchu Ranga Rao (supra) for rejection of the bail, his conduct/behaviour is satisfactory.

ln the light of the aforementioned facts, the applicant is released on bail in terms of Order, dated 02.11.2016, in Batchu Ranga Rao (supra) and subject to the following conditions:

1. The applicant shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the Judicial First Class Magistrate, Nandyal, Kurnool District.

2. He shall also furnish his residential address to the Police Station concerned immediately after his release and report in the said Police Station once in a month during the bail period.

3. He must be present before the Court at the time of hearing of the Criminal Appeal.

<ra^A,t ,'2.'-

t It is further directed that order, dated 02.11.2016, in Batchu Ranga Rao (supra) shall form part of this order and the Registry shall enclose a copy thereof to this order.

This Application is, accordingly, allowed."

l IJ i l rl sD/- ri. TATA RAO RII :.1 :'t tl t{ // TRUE COPY // for ASSIS REGISTRAR To i. The lll Additional Sessions Judge, Kurnool at Nandyal z. The Judicial First Class Magistrate, Nandyal, Kurnool District.

3. The Superintendent, Central Prison, Kadapa.

4. The SHO, Nandyal lllTown Police Station, Kurnool District. (1 to 4 along with a copy of the order dt. 02-1 1-2016 in Batchu Ranga Rao (supra)

5. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)

6. One CC to Smt. A.Gayathri Reddy, Advocate (OPUC)

7. Two spare copies.

l l SAH

HIGH COURT CVNRJ & TAJ DATED:05-11-2018

ORDER

tA.NO. 1 0F 2018 IN cRL.A.NO. 59 0F 2014 iENo\|sn BAIL GRANTED