Gaddam Deva Ratnam Kasba Vs The State of Andhra Pradesh

GADDAM DEVA RATNAM KASBA, S/O. JOHN, AGED ABOUT 54 YEARS, RTD. EMPLOYEE, R/O. D.NO.2-19, SHOBANAPURAMVILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT, 521211

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...PETITIONER/ACCUSED

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITSPUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH

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CHINTALA AMARALINGESWARA RAO, CHINTALA AMARALINGESWARA RAO DIED

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CHINTALA LALITHA, L.R.W/O. LATE CHINTALA AMARALINGESWARA RAO, AGED ABOUT 38 YEARS, HOUSEWIFE, R/O. D.NO.59-A-88, FIAT NO. 13, MARUTHI COOPERATIVE SOCIETY COLONY,PATAMATA, VIJAYAWADA, 520008

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...RESPONDENT/COMPLAINANT(S):

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Counsel for the Petitioner/accused:

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RATHANBABU SANDIPAMU

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Counsel for the Respondent/complainant(S):

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PUBLIC PROSECUTOR

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2

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Dr. YLR, J Crl.P.No.3946 of 2026 Dated 06.05.2026

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The Court made the following:

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ORDER :

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The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking to quash the proceedings vide order dated 04.02.2026 in Crl.M.P.No.85 of 2026 in Crl.A.No.38 of 2026 on the file of the learned VIII Additional District and Sessions Judge, Vijayawada.

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Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor.

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Issuance of notice to Respondent No.3 is not required, inasmuch as the impugned order relates to deposit of 20% of the compensation amount within a stipulated time.

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The learned counsel for the petitioner submits that the petitioner has taken voluntary retirement due to his severe ailments. He is suffering from obesity and anaemia. His wife is also suffering from severe health issues. It is further submitted that whatever amount is earned by the petitioner towards his pension is being spent on medical expenses, and therefore, the petitioner is not in a position to comply with the order of the learned Appellate Court directing deposit of 20% of the compensation amount.

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Dr. YLR, J Crl.P.No.3946 of 2026 Dated 06.05.2026

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In this regard, it is apposite to refer judgment of the Hon’ble Apex

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Court wherein at Jamboo Bhandari v. M.P. SIDC Ltd¹ at Paragraph Nos.7 to 10, it is held that the court under exceptional cases may grant suspension of sentence without imposing the condition of deposit of 20% of the fine/compensation amount/cheque amount.

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Considering the entire facts and circumstances of the case, the impugned order dated 04.02.2026 passed in Crl.M.P.No.85 of 2026 in Crl.A.No.38 of 2026 on the file of the learned VIII Additional District and

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Sessions Judge, Vijayawada, is slightly modified. The petitioner is permitted to deposit 10% of the compensation amount within a period of six weeks from the date of receipt of the copy of this order. On such deposit, Respondent No.3 is at liberty to withdraw the same upon furnishing sufficient surety to the satisfaction of the learned Trial Court.

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