Andhra Pradesh High Court - Amravati
Tirumanuyam Srinivasulu Reddy ... vs State Of Ap., on 29 August, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.474 of 2018
PROCEEDING SHEET
Sl.
ORDER
No DATE
39. 29.8.2022 MGR, J & TMR, J
I.A.No.8 of 2021
This petition is filed by the petitioners/
A-1 and A-2 to receive additional grounds in
Crl.A.No.474 of 2018.
Heard the learned counsel for the
petitioners/A-1 and A-2.
For the reasons stated in the
accompanying affidavit filed in support of the
petition, this petition is allowed.
I.A.No.3 of 2022
This application is filed by the wife of
petitioner No.1/A-1 in Sessions Case No.155 of
2016 on the file of the learned III Additional
District and Sessions Judge, Tirupati, Chittoor
District, seeking bail for a limited period of 60
days.
By judgment dated 30.01.2018 in
S.C.No.155 of 2016, which is impugned in the
appeal, the petitioner/A-1 was convicted and
sentenced to suffer rigorous imprisonment for a
period of ten years and also to pay a fine of
Rs.1,000/-, in default, to suffer simple
imprisonment for a period of three months for
the offence punishable under Section 364
I.P.C.; to undergo imprisonment for life and to
pay a fine of Rs.1,000/-, in default, to suffer
simple imprisonment for a period of three
months for the offence punishable under
Section 302 read with 34 I.P.C.; to undergo
rigorous imprisonment for a period of 7 years
and also to pay a fine of Rs.1,000/-, in default,
to suffer simple imprisonment for a period of
three months for the offence punishable under
Section 201 read with 34 I.P.C. Petitioner
No.1/A-1 was also directed to pay
compensation of Rs.3,00,000/- to P.W.1.
Challenging the same, petitioner No.1/A-1
along with A-2 filed Crl.A.No.474 of 2018.
Petitioner/A-1 was also directed to pay
compensation of Rs.3,00,000/- to P.W.1.
Challenging the same, the petitioner/A-1 along
with A-2 filed Crl.A.No.474 of 2018.
Pending appeal, this application came to
be filed seeking interim bail inter alia stating
that her elder son by name Thirumanyam
Hemnath Reddy, aged 18 years, has been
suffering from 'Nanopthalmos, Secondary Angle
Closure Glucoma' in both the eyes; while he
was pursuing Diploma 2nd year Course, he was
diagnosed with Glucoma due to which, he has
discontinued his course and the same has
resulted in permanent low vision @ 40% and as
such, he is unable to read the text books
prescribed for the course and hence, it is
necessary for her son to undergo cataract
operation to both eyes at Aravindha Eye
Hospital, Mudurai, Tamilnadu; that the wife of
petitioner No.1 has already undergone three
major surgeries and uneducated due to which
she is not in a position to travel such long
distance from Tirupati to Madurai to take their
son for medical check-ups, consultation reviews
pre and post operation reviews; further she has
to look after their younger son; in such
circumstances, presence of petitioner No.1 is
required to assist their son in pre and post
operation tests, consultation and reviews in
Aravindha Eye Hospital, Madurai, Tamil Nadu;
the date of operation for the right eye is fixed on
06.09.2022; they are not having any relatives
and they have to admit in in-patient block and
there will be a check up after 15 days in Room
No.111 in the first floor and drops will be
prescribed and medicines have to be used for
45 days and later, another review check up will
be there after one month of surgery and hence,
the presence of petitioner No.1 is very much
essential.
Learned Additional Public Prosecutor, on
instructions, submits that petitioner No.1 was
convicted for the offences of kidnapping and
killing the minor daughter of his own brother,
who is aged below ten years; the villagers and
relatives of the deceased are waiting for an
opportunity to take revenge against petitioner
No.1 and there is every possibility of law and
order problem in the village if petitioner No.1
stays in the village and hence, he may be
granted interim bail only for a limited period for
operation purpose and not for 60 days.
Considering the submissions of the
learned counsel for the petitioners and the
learned Additional Public Prosecutor and in
view of the fact that operation to the right eye of
the elder son of petitioner No.1 has to be
performed on 06.09.2022 at Aravindha Eye
Hospital, Madurai, we are inclined to grant
interim bail for a period of nine (9) days i.e.,
from 04.09.2022 to 12.09.2022.
Accordingly, this application is disposed
of directing that petitioner No.1/A-1 shall be
released on interim bail from 04.09.2022 to
12.09.2022 on condition that he shall furnish 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 the
Superintendent, Central Prison, Kadapa.
Petitioner No.1/A-1 shall surrender before the
Superintendent, Central Prison, Kadapa, on
12.09.2022 by 05:00 PM. In the event he fails
to do so, he shall be taken into custody in
accordance with law.
_________
MGR, J
_________
TMR, J
I.A.No.2 of 2022
This application is filed by the petitioner,
who is A-2 in Sessions Case No.155 of 2016 on
the file of the learned III Additional District and
Sessions Judge, Tirupati, Chittoor District,
seeking bail for a limited period of 15 days.
By judgment dated 30.01.2018 in
S.C.No.155 of 2016, which is impugned in the
appeal, the petitioner/A-2 was convicted and
sentenced to suffer rigorous imprisonment for a
period of ten years and also to pay a fine of
Rs.1,000/-, in default, to suffer simple
imprisonment for a period of three months for
the offence punishable under Section 364
I.P.C.; to undergo imprisonment for life and to
pay a fine of Rs.1,000/-, in default, to suffer
simple imprisonment for a period of three
months for the offence punishable under
Section 302 read with 34 I.P.C.; to undergo
rigorous imprisonment for a period of 7 years
and also to pay a fine of Rs.1,000/-, in default,
to suffer simple imprisonment for a period of
three months for the offence punishable under
Section 201 read with 34 I.P.C. A-1 was also
directed to pay compensation of Rs.3,00,000/-
to P.W.1. Challenging the same, the
petitioner/A-2 along with A-1 filed Crl.A.No.474
of 2018.
Pending appeal, this application came to
be filed seeking interim bail inter alia stating
that the mother of the petitioner -
K.Santhamma is suffering from cataract
problem to her right eye; the doctors at Sri
Venkateswara Aravind Eye Hospital, Tirupati
advised surgery and the date is fixed on
31.08.2022 at 6:00 A.M.; the petitioner's
brother - K. Sadanandam died on 17.10.2021
and as such, the petitioner has to look after the
welfare of his mother and his presence is
necessary to perform the eye surgery.
Learned Additional Public Prosecutor, on
instructions, submits that petitioner was
convicted for the offences of kidnapping and
killing a minor girl, who is aged below ten
years; the villagers and relatives of the deceased
are waiting for an opportunity to take revenge
against the petitioner and there is every
possibility of law and order problem in the
village if the petitioner stays in the village and
hence, he may be granted interim bail only for a
limited period for the operation and not for 15
days.
Considering the submissions of the
learned counsel for the petitioner and the
learned Additional Public Prosecutor and in
view of the fact that operation to the right eye of
the mother of the petitioner has to be performed
on 31.08.2022 at Aravind Eye Hospital,
Tirupati, we are inclined to grant interim bail
for a period of four (4) days i.e., from 30.8.2022
to 02.09.2022.
Accordingly, this application is disposed
of directing that petitioner/A-2 shall be released
on interim bail from 30.8.2022 to 02.09.2022
on condition that he shall furnish 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 the Superintendent,
Central Prison, Kadapa. Petitioner/A-2 shall
surrender before the Superintendent, Central
Prison, Kadapa, on 02.09.2022 by 05:00 PM.
In the event he fails to do so, he shall be taken
into custody in accordance with law.
_________
MGR, J
_________
TMR, J
Crl.A.No.474 of 2018
Post the appeal on 28.11.2022.
_________
MGR, J
_________
TMR, J
Note:-
Furnish C.C. today.
B/O
AMD
