return of the articles pending appeal = Petitioners claim to be legal heirs of deceased G.Surya Kumari. They filed legal heir certificate before the court below. Further more, the accused in the Sessions Case did not claim that M.Os. 1 to 16 belong to them. In the facts and circumstances, imposing condition to execute personal bond for a sum of Rs.10,00,000/- is onerous. Therefore, the condition of executing ‘a personal bond of Rs.10,00,000/- with two solvent sureties for the like sum amount’ is modified and the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, to the satisfaction of the learned Magistrate. The other conditions imposed by the court below remain unaltered.

  

CRLP 350 / 2013

CRLPSR 1302 / 2013

PETITIONER RESPONDENT GOTETI SRINIVAS, PARSIGUTTA, HYD., & 3 OTHRS.,   VS B.APPAJI @ APPA RAO, W.G.DT., & 3 OTHRS., REP PP., PET.ADV. : NARASIMHA RAO GUDISEVA RESP.ADV. : PUBLIC PROSECUTOR SUBJECT: U/s.482 Cr.p.c Other offences not covered(Misc.) DISTRICT:  WEST GODAVARI

FILING DATE:  21-01-2013 POSTING STAGE :  FOR ADMISSION DISPOSED ON  :  22-01-2013  ORD REG. DATE    :   21-01-2013 LISTING DATE :  22-01-2013 STATUS   :  ---------

HON'BLE JUDGE(S): K.C.BHANU

         

 THE HON'BLE SRI JUSTICE K.C.BHANU

            CRIMINAL PETITION NO.  350 OF 2013

ORDER:

1.       Heard both sides.

2.       In Sessions Case No.21 of 2009 on the file of the VI Additional District Judge (Fast Track Court), Narsapur, the accused therein were found guilty of the offence under Section 411 IPC and accordingly convicted and sentenced. 

 It is a case of theft and murder.  

Certain ornaments marked as M.Os. 1 to 16 in the aforesaid Sessions Case were committed theft by the person accused of the offences, from the possession deceased G.Surya Kumari.   

Challenging the same, appeals were preferred.   

As per order dated 18.04.2012 in Crl.A.M.P.Nos. 651, 652, 825 and 824 of 2012 in Criminal Appeal Nos. 1515 of 2010 and 1527 of 2010, this court directed to consider return of the articles as per the judgment to the persons who are entitled to the same by imposing conditions.     

Thereafter, the petitioners filed Crl.M.P. No.4233 of 2012 in crime no.62 of 2007 of Elamanchili police station, and the learned Additional Judicial Magistrate of First Class, Narsapur vide order dated 01.08.2012, ordered for interim custody of the said articles to the petitioners imposing conditions inter alia to execute a personal bond for a sum of Rs.10,00,000/- with two solvent sureties for the like sum amount.  Challenging the same as onerous, the present Criminal Petition is filed.

4.       Petitioners claim to be legal heirs of deceased G.Surya Kumari.  They filed legal heir certificate before the court below.  Further more, the accused in the Sessions Case did not claim that M.Os. 1 to 16 belong to them.   In the facts and circumstances, imposing condition to execute personal bond for a sum of Rs.10,00,000/- is onerous.  Therefore, the condition of executing ‘a personal bond of Rs.10,00,000/- with two solvent sureties for the like sum amount’ is modified and the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, to the satisfaction of the learned Magistrate.   The other conditions imposed by the court below remain unaltered.

5.       The Criminal Petition is ordered accordingly.

          Miscellaneous Petitions pending, if any, in the Criminal Petition shall stand closed.

   

           ________________

(K.C.BHANU, J.)

22.1.2013

DRK

THE HON'BLE SRI JUSTICE K.C.BHANU

CRIMINAL PETITION NO.  350 OF 2013

           Date: 22.1.2013