Dasari Rama Rao, vs The State Of Andhra Pradesh
2021 Latest Caselaw 3934 AP

Citation : 2021 Latest Caselaw 3934 AP
Judgement Date : 5 October, 2021

Andhra Pradesh High Court - Amravati

Dasari Rama Rao, vs The State Of Andhra Pradesh on 5 October, 2021

        HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR

And

HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

I.A.No.2 of 2021 In Criminal Appeal No.93 of 2021

ORDER: (Per Hon'ble Sri Justice C. Praveen Kumar)

Heard Sri Posani Venkateswarlu, learned counsel

appearing for the petitioner/A.3 and Sri S. Dushyanth Reddy,

Additional Public Prosecutor for the State, through Blue

Jeans video conferencing APP and with their consent, the

application is disposed of.

2) The present application came to be filed by the

petitioner/A.3 seeking bail pending disposal of the Criminal

Appeal No.93 of 2021, on the ground that he is suffering from

Blood Pressure, Sugar complaint, Asthma, Chronic Osteo

Arthritis and other ailments including multiple fracture of

ribs.

3) The petitioner/A.3 was tried along with other accused in

Sessions Case No.113 of 2013 on the file of XIII Additional

Sessions Judge, Narasaraopet, FAC: X Additional Sessions

Judge, Gurazala, for the offences punishable under Sections

147, 148, 302 read with 34 and 120B of the Indian Penal

Code. By its Judgment, dated 19.02.2021, the learned

Sessions Judge convicted the petitioner/A.3 for the offences

punishable under Sections 147, 148, 302 r/w 34 and 120B 2 CPK, J & BKM, J

I.A.2 of 2021 in CRLA.No.93 of 2021

IPC and sentenced him to suffer imprisonment for life and to

pay a fine of Rs.1000/- in default to suffer simple

imprisonment for a period of three months. Challenging the

same, the present Criminal Appeal No.93 of 2021 came to be

filed before this court.

4) The averments in the affidavit filed in support of the

application would disclose that the petitioner is aged about

69 years, which is evident from Aadhar card issued to him.

His age was wrongly mentioned in the charge sheet and the

same was carried in the judgment also. It is said that the

petitioner is suffering from various ailments and it has

become difficult for him to move in jail without an attendant.

It is urged that he is not able to attend nature calls and that

his health condition is very bad. It is further said that right

from the time he is sent to the jail for undergoing sentence,

he is being treated in Government General Hospital, Kakinada

and as of now he is confined to bed. In view of the health

condition, the present application came to be filed seeking

bail.

5) Learned Additional Public Prosecutor placed on record

the medical reports of the petitioner/A.3. Though the Nominal

Roll shows the age of the petitioner as 49 years, the same is

disputed by the learned counsel for the petitioner/A.3, on the

ground that the medical reports filed by the Public Prosecutor 3 CPK, J & BKM, J

I.A.2 of 2021 in CRLA.No.93 of 2021

would disclose the age of the petitioner as more than 60

years.

6) As seen from the record, though the petitioner was sent

to jail on 19-02-2021, immediately thereafter he had a

cardiac problem, which is evident from the Out Patient ticket

dated 01.03.2021. The Causality Medical Officer, District

Hospital, Rajamahendravaram also addressed a letter to the

Assistant Professor, General Medicine Department/Cardiology

Department, Government General Hospital, Kakinada

requesting him to examine the patient and his admission for

necessary treatment. However, the petitioner was discharged

on 25.03.2021 from the hospital. Apart from all these things,

the medical reports, which are filed, would go to show severe

multiple rib fractures in the posterior aspect on right side. It

is not the case of the petitioner/A.3 that he was beaten in jail.

But, the learned counsel for the petitioner/A.3 submits that

because of his ailments, the petitioner/A.3, who is unable to

move on his own, fell down and sustained these injuries.

Learned Additional Public Prosecutor, who was asked to get

instructions on this aspect, stated that he fell down in the

bath room and sustained rib fractures. He however submits

that the condition of the petitioner is stable and as such, it is

not a case for grant of bail.

                                4                  CPK, J & BKM, J

                                                    I.A.2 of 2021 in
                                                 CRLA.No.93 of 2021


7)    The outpatient slip dated 11.06.2021 also indicates

taking of ECG and X-ray of CXR PA.


8)    Though the condition of the petitioner is stable, having

regard to the facts and circumstances of the case and

keeping in view the fact that the petitioner sustained

multiple rib fractures in the posterior aspect on right side and

there being no evidence as to whether the same got heeled,

we deem it fit and proper to release the petitioner/A.3 on

interim bail for a period of four (4) weeks from today on his

executing a personal bond for a sum of Rs.15,000/- (Rupees

fifteen thousand only) with two sureties for a like sum each to

the satisfaction of II Additional Junior Civil Judge, Gurazala.

It is made clear that after expiry of bail period, the

petitioner/A.3 shall surrender before the Superintendent,

Central Prison, Rajamahendravaram, East Godavari District.