Sri M.Tirumala Rao

IN THE COURT OF THE III ADDITIONAL SESSIONS JUDGE:: RAJAMPET,

Present:- Sri M.Tirumala Rao, B,Com., BL.,

V Additional District Judge, Rayachoty FAC III Additional District Judge, Rajampet.

Friday, this the 3rd day of March, 2017.

Criminal Revision Petition No.08/2017

Tippireddy Venkata Reddy @ Venkateswara Reddy @ Vinjamuru, S/o Tippireddy Krishna Reddy, Aged 33 years, D.No.7-74-1, Kothuru Vinjamuru Mandal, Nellore District. :Petitioner/A18

Vs

State; The Station House Officer, Obulavaripali Police Station.

Respondent/Complainant

This petition is coming on 3.3.2017 for final hearing before me in the presence of Sri K.Venkateswara Reddy and P.Chenna Reddy, counsel for petitioner/A18 and Additional Public prosecutor for respondent/complainant after perusing the case records and having stood over for consideration till this day, this court made the following:-

:: O R D E R ::

This is a Criminal Revision petition filed by the petitioner/A18

Under Section 399 of Cr.P.C. praying this court to modify the bail order passed by the learned Magistrate, Railway Kodur, dated: 21.12.2016 enlarging the petition on bail by default on the ground of time limit for filing charge sheet

U/sec. 167(2) Cr.P.C has been surpassed.

2: Questioning the said order revision petitioner filed present criminal revision petition praying the court to modify a condition to furnish one local surety and also one blood relative of the surety of the accused . Both sureties are under age of 60 years besides production of ID proof preferably Aadhar card along with attested copy by local police. Assailing the said order the criminal revision petitioner filed present revision praying to relax condition imposed by the trial court and prays to impose two local sureties of

Kadapa District .

3: Notice given to Additional Public Prosecutor who submitted that the order of the trial court is correct and tenable and sustainable under law and need not be reviewed in this revision by this court.

4: Heard both sides 5: Now the point for consideration:- “Whether the petitioner/A18 is entitled to sought to relax conditions imposed by the trial court one is local

surety and another surety is blood relative or not ?

6: P O I N T :-

As per lower court record it establishes that the learned

Magistrate released petitioner/A18 on bail directing him to produce two sureties

one is local and another is blood relative besides production of ID proof of

Aadhar card and age of sureties must be below 60 years. The petitioner was arrested and remanded to judicial custody on 16.9.2016 and lingering in jail since then. The lower court granted bail by default U/sec.167(2) of Cr.P.C till now charge sheet has not been filed. By imposing such a condition of local surety and another blood relative and both of them must be below the age of 60 years are stringent and difficult to comply such conditions in as much as petitioner is resident of Nellore District. Because of such difficult the petitioner has been lingering in jail nearly 6 months which is not permissible under law. The conditions imposed by the trial court can be modified since the petitioner is resident of Nellore District. Accordingly, the point is answered.

In the result,

The petition is allowed, that the imposing of

condition of two sureties i.e. one local surety and

another is blood relative below the age of 60 years is

modified into two local sureties of Kadapa District as

per choice of the petitioner. Rest of the conditions

and order of the trial court in releasing accused is

retained as such. Accordingly, the trial court order

is modified.

Dictated to the stenographer Grade-I transcribed by him corrected and

pronounced by me in open court, this the 3rd day of March, 2017

Sd/- M.TIRUMALA RAO,

V Additional District Judge, Rayachoty, FAC III Additional District Judge, Rajampet.

Copy to the Judicial Magistrate of First Class, Railway Kodur. Copy to the Station House Officer, Obulavaripalli Police Station.

In the Court of :V Additional District Judge, Rayachoty

Case No. :G.W.O.P/0000001/2019 PEELAM REDDI BABU MINOR REPRESENTED BY GRAND FATHER BY PEELAM RAMAIAH Vs NILL

Date  : 10-04-2019

Business: Orders pronounced in the open court (vide separate orders) 1. The petitioner grand father is permitted to sell the petition schedule property to others for a valuable price which shall not be less than the prevailing market value as on the date of sale 2. The petitioner grand father is directed to deposit the sale consideration by way of fixed deposit in any nationalized Bank in the name of minor till he attains majority 3. The Petitioner grand father is permitted to withdraw the quarterly interest or half yearly interest as the case may be to meet the necessities like payment of school fee, college fee etc., 4. Whether the petitioner grand father is directed to render annual accounts in the month of April of every year 5. The petitioner grand father shall not any charge of raise any loan or withdraw the principal amount from the fixed deposit without prior permission of this court which shall be intimate to the Bank Authorities 6. The petitioner grand father is specifically directed to report compliance to this court within ten(10) days of the deposit after selling the property and receiving the sale consideration 7. The Petitioner grand father shall execute undertaking bond to comply the above conditions. 8. Office directed not to issue certified copies of order and decree until the bond is accepted. Nature of Disposal: ALLOWED Disposal Date: 10-04-2019 V Additional District Judge, Rayachoty

In the Court of :V Additional District Judge, Rayachoty

Case No. :G.W.O.P/0000002/2019 Pesala Ramanjaneyulu minor rep. by mother Vs Nil

Date  : 10-04-2019

Business: Orders pronounced in the open court (vide separate orders) 1. The petitioner mother is permitted to sell the petition schedule property to others for a valuable price which shall not be less than the prevailing market value as on the date of sale 2. The petitioner mother is directed to deposit the sale consideration by way of fixed deposit in any nationalized Bank in the name of minor till he attains majority 3. The Petitioner mother is permitted to withdraw the quarterly interest or half yearly interest as the case may be to meet the necessities like payment of school fee, college fee etc., 4. Whether the petitioner mother is directed to render annual accounts in the month of April of every year 5. The petitioner mother shall not any charge of raise any loan or withdraw the principal amount from the fixed deposit without prior permission of this court which shall be intimate to the Bank Authorities 6. The petitioner mother is specifically directed to report compliance to this court within ten(10) days of the deposit after selling the property and receiving the sale consideration

7. The Petitioner mother shall execute undertaking bond to comply the above conditions. 8. Office directed not to issue certified copies of order and decree until the bond is accepted. Nature of Disposal: ALLOWED Disposal Date: 10-04-2019 V Additional District Judge, Rayachoty

In the Court of :V Additional District Judge, Rayachoty

Case No. :MVOP/0000014/2018 Kongani Reddamma and 2 others Vs Subramanyam Raja and 2 others

Date  : 09-04-2019

Business: Notice affixed to the Notice Board. Orders pronounced (vide separate orders) in the open court. In the result, 1. This petition is allowed partly in favour of the petitioners and against the respondents 1 to 3 jointly and severally with proportionate costs by granting compensation with the following reliefs. 2. Petitioners are entitled for compensation of Rs.12,00,000/- with interest at 7.5 percent per annum on the awarded amount from the date of petition, till the date of realization. 3. Rest of the claim is dismissed 4. Respondent No.3 is directed to deposit the amount awarded Rs.12,00,000/- to the petitioners with accrued interest and proportionate costs within 30 days from the date of passing of this award, failing which the petitioners are entitled interest at 9 percent per annum till realization. 5. On making such deposit, the petitioners 1 to 3 who who are daughters of the deceased are entitled Rs.4,00,000/- each and permitted to withdraw Rs.3,00,000/- each with accrued interest and the remaining amount of Rs.1,00,000/- each with accrued interest, shall be kept in any Nationalized Bank for a period of one year or till further orders. 6. Advocate fee is fixed at Rs.3,000/- Nature of Disposal: ALLOWED IN PART Disposal Date: 09-04-2019 V Additional District Judge, Rayachoty

In the Court of :V Additional District Judge, Rayachoty

Case No. :MVOP/0000108/2017 C. Reddy Subbamma Vs Y. Reddaiah and 2 others

Date  : 09-04-2019

Business: Notice affixed to the Notice Board. Orders pronounced (vide separate orders) in the open court. In the result, 1. This petition is allowed partly in favour of the petitioners and against the respondents 1 to 3 jointly and severally with proportionate costs by granting compensation with the following reliefs. 2. Petitioners are entitled for compensation of Rs.6,60,000/- with interest at 7.5 percent per annum on the awarded amount from the date of petition, till the date of realization. 3. Rest of the claim is dismissed 4. Respondent No.3 is directed to deposit the amount awarded Rs.6,60,000/- to the petitioners with accrued interest and proportionate costs within 30 days from the date of passing of this award, failing which the petitioners are entitled interest at 9 percent per annum till realization. 5. On making such deposit, the petitioner who is mother of the deceased is entitled Rs.6,60,000/- and permitted to withdraw Rs.5,60,000/-with accrued interest and the remaining amount of Rs.1,00,000/- with accrued interest shall be kept in any Nationalized Bank for a period of one year or till further orders. 6. Advocate fee is fixed at Rs.3,000/- Nature of Disposal: ALLOWED IN PART Disposal Date: 09-04-2019 V Additional District Judge, Rayachoty