Andhra Pradesh High Court - Amravati
Silla Rajendra Reddy, ... vs The State Of Ap., Rep Pp., on 13 April, 2023
Bench: A V Sai, Duppala Venkata Ramana
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA -.I+_
THURSDAY ,THE JTHIRTEENTH DAY OF APRIL
ll^/o THOUSAND AND ll^/ENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE A V SESHA SAI
AND
THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RAMANA
lANo.1 OF2023
lN
CRLA NO: 854 OF 2017
Between:
Silla Rajendra Reddy 2 venkatesh, S/o~. Karunakar Reddy, aged about 30 years, R/o.
Door No.ll-29-65, Smith Street, Bhe6munipatnam, visakhapatnam District.
...Petitioner/AppellanVAccused No.1 r
I:,,.AND
The State of Andhra Pradesh, rep..by` the Public Prosecutor High Court of Judicature
at Hyderabad, Hyderabad for the State of Telangana and The state of Andhra~
Pradesh
...Respondent
Petition under Section 151. CPC praying, that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to enlarge
the Petitioner herein Appellant / Accused No. 1 on bail for a period of 2 weeks, from
10-04-2023 to 24-04-2023 pending disposal of the Criminal Appeal No. 854 of 2017
in order to make the requisite arrangements for the Open Heart Surgery of his father
in AppoIIo Hospital Hyderabad and to attend on his father during his treatment
period, Pending disposal of CRLA N6`. 854 of 2017, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the orders of the High Court dated 28.01.2022 &
05.12.2022 made herein and u-Don+ hearing the arguments of Sri Vivekananda
Virupaksha Advocate for the Appellant'an'd of Smt. Y.L. Sivakalpana Reddy, learned
standing counsel for the C.I.D for theo Respondent , the Court made the following
ORDER
"Heard Sri Vivekananda Virupaksha, learned counsel for the petitioner-
accused No.1 and Smt. Y.L. Sivakalpana Reddy, learned Standing Counsel for
the C.I.D.
This is an Application filed,. under Section 389(1) of Cr.P.C., by the
petitioner-accused No.1 in Sessions Case No.38 of 2009 on the file of the Court
of the learned I Additiona[' MetrObo]itan Sessions Judge, Visakhapatnam. By
way of the impugned judgment dated`17.07.2017, the learned Judge found the
petitioner-accused No.1 guilty of the 6ffences punishable under sections 363,
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12O|B and 302 read with 34 I.P.C. and`Section 201 of I.P.C., and sentenced him
to undergo life imprisonment.
ln the present Application, the petitioner-accused No.1 is seeking his
enlargement on bail for a period of two (o2) weeks from 10.04.2023 to
24.04.2O23, pending disposal of the Criminal Appeal. According to the
petitioner, the petit-[oner herein h£§ fo`make the requisite arrangements for the
open-heart surgery of his fath6+I;ih Abollo Hospital, Hyderabad. Paragraphs 3
to 5 of the petition read as foll6w§:
"3. It is submitted that in the year 201O the father of the
PetitionerlAppeIIant/Accused No.1 undenNent Surgery and Stents
were inserted due to blockage `of veins and also suffered illness of
brain due to which scents were inserted in the brain. The father of
the Petitioner/AppeIIanUAcoused No.1 underwent bypass surgery
on 27.04.2017 and scents were inserted once again on 05.06.2020.
Even thereafter the father -of +.he Petitioner/AppeIIant/Accused No.1
of has been suffering ill health.
4. It is submitted that in''Iidht of his recurring heart ailments, the
father of the Petitioner ,`.+had approached the Department of
Cardiology, Varma Hospital.` ?nd upon the investigation by the
cardiologist, it was obseiv,e`d.tb?i he has "Native LMCA + TVD total
occlusiofn of SVG to RCA.(culir'rit vessel), Critical Stenosis at LIMA-
DistaI LAD Anastomosis" `he wias advised with L'REDO CABG or
PTCA to culprit Lesio;'ahd if successful PTCA to LIMA-LAD''.
5. It is submitted thatl thereafter, the father of the Petitioner
herein/AppeIIant/Accusedll`.I.No:.1 had also approached the
cardiolodist in Apollo HoSriitaI, Hyderabad and therein, a similar
diagnosis was made and the-'Cardiologist has advised the father of
the Petitioner herein/AppeIIant/Accused No.1 to go for admission
for the surgery on 10.04.2023."
The learned Standing Counsel for C.I.D., has placed on record the
instructions furnished by the lh§pector of police, Regional CID Office,
Visakhapatnam and also the';-,``instructions of the Inspector of Police,
Bheemunipatnam Police Statiori',r ViSakhapatnam City. According to the said
instructions, the conduct of the p'e`titioner-accused No.1 in the Central Prison,
visakhapatnam, is satisfactory and instructions furnished by the Inspector of
police, Bheemunipatnam Po[ice~-'Station, Visakhapatnam City, confirm the
ailment of the father of the petitiofie'r` and the treatment being undergone by
I
him at Apollo Hospital and aboL]t ,the surgery also. The instructions of the
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Inspector of police, Bheemunipatnam, also COnfirm the genuineneSS Of the
contents of the petition.
For the aforesaid reasons, the lnterlocutory Application iS allowed,
• i..,.'.,i ,:- -.-_' b
enlarging the petitionerlaCCu';I?a No`. in s.c.No.38 of 2009 on the file of the I
Additional Metropolitan Session; 'Ju ge, visakhapatnam, on bail for a period
of two (o2) weeks, commenCih6' f'f'6m 13.04.2O23 to 27.04.2023, on a cond'ltiOn
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of the pet-ltioner executing a-I per`sonal bond of Rs.10,00O/- (Rupees Ten
Thousand only) with two sureti-;;-i;r the like Sum each tO the Satisfaction Of
the court of the learned chief Metropolitan Magistrate, Visakhapatnam. [t iS
made clear that the petitioner herein shall surrender before the jail authorities
of the central pr'lson, visakhapatnam, by 5.00 P.M., on 27.04.2023."
sd/-s. SRINIVASA PRASAD
--_ -*S
TRUE COPY,, Fo ASS]SsTEAcNTTlse=Rc:
To, `\
1. The I Additional Metropol-ltan Sessions Judge, Visakhapatnam
2. The Chief Metropolitan Magi'§`tfate, Visakhapatnam
3. The Superintendent, Central Jail, Visakhapatnam
4. The Inspector of Police, Regional CID Office, Visakhapatnam.
5. The Inspector of Police, Bheemunipatnam, Police Station, Viskhapatnam
6. One CC to Sri Vivekananda Virupaksha Advocate [OPUC]
7. One CC to Smt. Y,L. Sivakalpana Reddy, learned Standing Counsel [OPUC]
8. Two spare copies
+
H[GH COURT
AVSSJ & DVRJ
DATED : 13/O4/2023
ORDER
IANo.1 OF2023
lN
CRLA NO: 854 OF 2017
DIRECTION
13 Am2O23
