JUDGMENT

CPK, J & BKM, J

I.A.No.1 of 2021

The petitioner, who is A.1, filed the present application under Section 389(1) Cr.P.C., seeking bail, pending disposal of the Criminal Appeal.

2. The petitioner/A.1 was tried in Sessions Case No.140 of 2015 on the file of the learned I Additional Sessions Judge, Chittoor for the offences punishable under Sections 302 read with 34 and 324 read with 34 I.P.C.

3. The learned Sessions Judge convicted the petitioner/A.1 for the offences punishable under Sections 302 read with 34 and 324 read with 34 I.P.C. and accordingly, sentenced him to undergo imprisonment for life and also to pay a fine of Rs.100/-, in default, to undergo simple imprisonment for a period of one month for the offence punishable under Section 302 read with 34 I.P.C; and he was sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 324 read with 34 I.P.C.

4. The only ground on which the present application seeking bail came to be filed is that the petitioner has completed 5 years of actual sentence after conviction by the trial Court and in view of the Judgment in Batchu Rangarao & others v. State of A.P., 2016 (3) ALT (Crl.) 505 (DB) (A.