Bandurupalli Vinod Kumar, Chittoor Dt., v. The State Of Ap., Rep Pp.,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE SEVENTH DAY OF FEBRUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE SMT JUSTICE T.RAJANI l.A.No. 1 OF 2018 IN Crl.A.M.P.No. 469 ot 2017 IN CRItUINAL APPEAL.No.224 o'f 2017 Between:
Bandarupalli Vinod Kumar, S/o. Sriramulu Petitioner/Accused No. 1 (Appellant in Crl. A.No.2241 201 7 on the file of the High Court) AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh. Respond enVCo m pla in a nt (Respondent in-do-) Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the grounds filed in the Criminal Appeal, the High Court mai be pleased to modify the order dt. 06-03-2017 passed in Crl.A.lvl.P.No. 469 of 2017 in Crl.A.No. 224 or 2017 of this Hon'ble Court by deleting the following condition "having regard to the above the I Addl. District and Sessions Judge, Chittoor shall verify as to whether PW.1 has married another person and is living happily", pending disposal of the above Criminal Appeal No. 22412017 on the file of the High Court.
Crl.A.M.P.No. 469 of 2017:
Petition under Section 389(1) qf Cr.P.C. praying that in the circumstances stated in the grounds filed in the Criminal Appeal, the High Court may be pleased to suspend the execution of sentence d|.21-02-2017 passed in POCSO S.C.No. 22 of 2014 on the file of the I Additional District & Sessions Judge, Chittoor, Chittoor District, and release the petitioners on bail, pending disposal of the above Criminal Appeal No. 22412017 on the file of the High Court.
The Petition coming on for hearing upon perusing the petition and grounds filed herein and the order of the High Court dated. 06-03-2017 made in Crl.A.M.P.No. 46912017 and upon hearing the arguments of Sri D.Purna Chandra Reddy, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:
" This petition is filed seeking for modification of the order dated 06-032017, passed in the Crl.A.M.P.No. 469 ol 2017 in Crl.A.No. 224 ot 2017 ot lhis Court, by deleting the following condition:
"having regard to the above the I Addl. District and Sessions Judge, Chittoor shall verify as to whether PW.1 has married another person and is living happily".
This Court, while disposing of the Criminal M.P.No. 46912017 in Criminal ApBeal No. 224 of 2017, granted bail to the petitioner on a condition of verification whether the de facto complainant has married another person and living happily. The public prosecutor, now, on instructions, reports that the de facto complainant has married another person by name Mahesh and she is living happily with him.
Hence, in view of the above, there need not be any modification, since, on such verification revealing that the de facto complainant married another person and is living happily, the petitioner would be entitled for bail on conditions imposed in the said Criminal M.P.No. 46912017.
Accordingly, this petition is isposed of in the above terms."
d SD/- M' RAN{I\NA l{[t!S[lNA A SSISTAN'l.r-{rEpls f nntr \L\,/ for ASSISTANT REGISTRAR /i TRUE COPY II To The I Additional District & Sessions Judge, Chittoor, Chittoor District The Superintendent, District Jail, Chittoor, Chittor District. ' Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT) "'' One CC to Sri D.Purna Chandra Reddy, Advocate(OPuC) One spare copy. /- SAH
HIGH COURT TRJ DATED: 07-02-2018
ORDER
t.A.NO. 1 0F 2018 IN CRL.A.NO. 224 0F 2017 ,n I DIRECTION