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2025 Supreme(Online)(AP) 11710

HIGH COURT OF ANDHRA PRADESH
Dr. Y. Lakshmana Rao, J
Kella Lakshmu, Thatipudi Ramana – Appellant
Versus
The State of Andhra Pradesh – Respondent
CRIMINAL REVISION CASE NO: 959 OF 2009



Advocates:
For the Appellants/Petitioners:
For the Respondents: Public Prosecutor

Failure to appear can justify issuing a non-bailable warrant against the accused.

Headnote:(A) Criminal Procedure Code, 1973 - Sections 397 and 401 - Non-bailable warrant was issued against the petitioners who failed to represent before the court. The court's finding notes lack of representation as grounds for issuing a non-bailable warrant for their arrest. (Paras 1, 2)

(B) Bail - Conditions of bail - The court directed the release of the petitioners upon furnishing a bond and sureties while emphasizing the appearance requirement before the court on a specified date. (Paras 3, 4)

Facts of the case:
The petitioners are appealing against a conviction under sections 307, 326, and 324 of the IPC. The revision petition stems from concurrent findings of guilt by lower courts.

Findings of Court:
The court highlighted that the petitioners failed to appear and thus issued a non-bailable warrant for their arrest.

Issues: The main issue was the failure of the petitioners to appear before the court and thus the appropriate actions required to ensure their presence.

Ratio Decidendi: The court maintained that failure to represent can lead to a non-bailable warrant being issued, stressing the need for compliance with court orders.

Result: Non-bailable warrant issued against the petitioners.

Table of Content
1. filing of revision case under ipc sections and background of the case. (Para 1 , 2 , 3)
2. court's observations on lack of representation and decision to issue a non-bailable warrant. (Para 4)
3. details of warrant execution and directions for bond proceedings. (Para 6)

fFi=N IN THE HIGH COURT OF ANDHRA PRADESH AT AMARJa TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT:

HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL RE'VISION CASE NO: 959 OF 2009 Betwee n :

1. Kella Lakshmu, S/o Pydanna Dora, Aged about 28 years, Hindu, Konda Dora, Cooli, R/o Devunikanapaka Village, Gurla Mandal, Vizianagaram District.

2. Thatipudi Ramana, S/o Pydanna Dora, Aged about 30 years, Hindu, Konda Dora, Cooli R/o Devunikanapaka Village, Gurla MandaI, Vizianagaram Dist.

Petitioners/Appellants/Accused No.1 and 2 AND The State ofAndhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Amaravati.

Respondent/Respondent Revision filed under sections 397 and 401 of Cr.P.C.(Section 438 & 442 of BNSS), praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal Revl'sion Case, being aggrieved by the Order dated 12.05.2009 made in Crl.A.No.104 of 2003 on the fI'Ie of the Court of I Additional District & Sessions Judge, Vizianagaram filed against the S.C.No.107/1999, dated 22.08.2003 on the file of the Court of Asst. Sessions Judge, VI|ZI'anagaram.

IANO:2OF CRLRC MP No,1291of 2009 Revision filed under section 397(1) of Cr.P.Cpraying that I'n the circumstances stated in the memorandum of grounds filed in support of the Criminal Revision Case, the High Court may be pleased to suspend the sentence of imprisonment imposed on the petitioners/accused, passed in Crl.A.No.104/2003 on the file of the court of I Additional District & Sessions Judge, Vizianagaram filed against the sc.No.107/1999, dted 22.08.2003 on {r,I the file of the court of the -Assistant Sessions Judge, Vizianagaram and ~/

release the petitioners on bail, Pending disposal of CRLRC 959 of 2009, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the memo.randum of grounds filed in support thereof and the earlier order of the High Court dated 17.06.2009 made in CRLRC MP No. 1291 of 2009 and having observed that there is no representation for the petitioners , the Court made the following ORDER:

€fNo representation for the petitioners even after posting the case as last chance for submitting 1:he arguments.

This Revision was filed against the concurrent finding of conviction for the alleged offence under Sections 307, 326 and 324 of Indian penal Code (for short fthe I.P.C').

Issue Non-Bailable Warrant to the Revisionist Mos.1 and 2 through Superintendent of police concerned.

On execution of such NBW, they shall be procluced before the learned Assistant Sessions Judge, Vizianagaram, who shall release them on furnishing bond for a sum of Rs.10,000/-with two sureties for a like sum each to the satisfaction of the learned Assistant Sessions Judge, Vizianagaram. The learned Assistant Sessions Judge, Vizianagaram, is directed to issue notice to the sureties of the petitioners as why they should not be directed to pay the amount stipulated jn bonds for confiscation to-the Government.

The learned Assistant Sessions Judge, Vizianagaram, shall obtain affidavits from the petitioners for giving necessary instructions to their Counsel before the High Court for disposal of the Revision Case and appear before this Court on 17.09.2025.

sd/-S VS R MURTHY JOINT R#STRAR //TRUE COPY//

For SECTION OFFICER Tol

1. The Registrar (Judicial), High Court ofAndhra Pradesh at Amara.vati.

2. The Assistant Sessions Judge, Vizianagaram.

3. The Judicial Magistrate of First Class, CheepuruPalle, Vizianagaram District.

4. The I Addl. District and Sessions Judge, Vizianagaram District.

5, The Superintendent, Central Jail, VisakhapatnarT1. (SPEED POST)

6. One CC to SRl. ARAVALA RAMA RAO Advocate [OPUC] 7. The Section Off

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