Andhra Pradesh High Court - Amravati
Kothapalli Prasad vs The State Of Andhra Pradesh on 8 July, 2021
Bench: C.Praveen Kumar, B Krishna Mohan
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE EIGHTH DAY OF JULY, TWO THOUSAND AND TWENTY ONE
: PRESENT :
THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR
AND ,
THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
|.A.No. 1 of 2021
IN
CRIMINAL APPEAL.No.2403 of 2018
Between:-
Kothapalli Prasad, $/o. Kothapalti Nagarathnam @ Karunakaran. -
..Petitioner/Accused "..
(Appellant in Cri.A.No.2403/2018
on the file of the High Court)
Se
AND
The State of A.P., Rep. by Public Prosecutor,
High Court of Judicature at Amaravathi.
.Respondent
(Respondent in-do-)
Petition under Section 389(1) of Cr.P.C., praying that in the
circumstances stated in the grounds filed in the Criminal Appeal, the High
Court may be pleased to suspend the sentence of Life Imprisonment as per the
Judgment dated 24-11-2017 in $.C.No. 4166/2017 on the file of the HI Additional
District and Sessions Judge at Tirhpathi and release the petitioner on interim
Bail for a period of three (03) months, pending disposal of the above Criminal
Appeal No. 2403 of 2018 on the file of the High Court.
The Petition coming on for hearing, upon perusing the petition and the
grounds filed in the Criminal Appeal and upon hearing the arguments of 5ri S.
Madhava Rao, Advocate for the Petitioner and of the Public Prosecutor on
behalf of respondent/State, the Court made the following
ORDER :-
"The present application is filed on the ground that the
petitioner/applicant is suffering from Pancreatitis and Chelelithiasis and in
spite of taking treatment in different hospitals, namely Government General
Hospital, Kadapa; Government General Hospital, Kurnool, Sri Venkateswara
Institute of Medical Sciences at Tirupathi and Rajiv Gandhi Institute of
Medical Sciences at Kadapa, there was respite to the ailment. Hence, the
present application is filed seeking interim bail for taking treatment in
Government General Hospital at Chennai, as he is entitled for the same
under Aarogya Shree Health Scheme.
Learned Public Prosecutor, on instructions submits that the
petitioner was discharged from the Government General Hospital, Kurnool,
couple of days back and sent to Central Jail, Kadapa. His oral instructions
reveal that he is still suffering with abdomen pain. It appears that there is
no change in the health condition of the petitioner, even after taking
treatment from different Government hospitals in the state. In fact, the
learned Public Prosecutor submits that he requires to be treated by
gastroenterologist.
Hence, taking into consideration the facts and circumstances of the
case and the health condition of the petitioner, the petitioner shall be
released on bail for a period of three weeks from the date of his release
i.e., on 12.07,20221, on his executing a personal bond for a sum of
Rs.10,000/- (Rupees Ten thousand only) with two sureties for a like sum
each to the satisfaction of Additional Judicial Magistrate of First Class,
Puttur. :
Contd..2...
~- 2 -
It is needless to mention that he shall surrender before the
concerned Superintendent of Jail on expiry of three (3) weeks from the
date of his release."
Sdi/- M. SRINIVAS ---
ASSISATNT REGISTRAR
// TRUE COPY // SECTION OFFICER
wee ETO STR ELTS
To
1.The fl] Additional District and Sessions Judge, Tirupati, Chittoor District.
2.The Additional Judicial Magistrate of First Class, Puttur, Chittoor District.
3.The Inspector of Police, Karvetinagaram Circle, Chittoor District.
4.The Superintendent, Central Prision, Kadapa.
5.Two CCs to Public Prosecutor, High Court of A.P.,(OUT)
6.Qne CC to Sri S. Madhava Rao, Advocate(OPUC)
7.TWO spare copies.
TKK
YALTIAIARA AREA Enero ne nnn nnn nnn
HIGH COURT
_ PKS & BKM.J
DATED: 08-07-2021
BAIL ORDER
|.A.No. 1 of 2021
IN
CRL.A.No. 2403 of 2018
RELEASE THE PETITIONER
ON BAIL.
