Andhra Pradesh High Court - Amravati
Eeli Satya Sai Baba @ Sai Baba vs The State Of Ap on 17 April, 2023
[3381 I
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY ,THE SEVENTEENTH DAY OF APRIL
TWO THOUSAND AND TWENTY THREE
:PRESENT: -/4.
THE HONOURABLE SRI JUSTICE A V SESHA SAl
AND
THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RA
•,-r¥ngJ I ,, tt
IANo.1 OF2023
IN
CRLA NO: 744 OF 2019
Between:
Eeli Satya Sai Baba @ Sai Baba, S/o Late Seshayya, Aged about 44 years, R/o
D.No. 9-169, Main Road, Kdiyapulanka Village, Kadiyam MandaI, E.G. District.
...Petitioner/Petl'tioner
(Appellant in CRLA 744 OF 2019
on the file of High Court)
AND
The State of AP, rep.by its Public Prosecutor High Court of A.P., Amaravathi.
...Respondent/Respondent
(Respondents in-do-)
Counsel for the Petitioner : SRI SREEKANTH REDDY AMBATI
Counsel for the Respondent : PUBLIC PROSECUTOR (AP)
Petition under Section 389(1) Cr.P.C praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
release the Petitioner on bail, pending disposal of the crl Appeal No. 744/2019
before this Hon'ble Court preferred against the Judgment jn SC. No 236/2018 on the
file of the Principal Sessions Judge, East Godavarl' at Rajamahendravaram, in the
interest of Justice , Pending disposal of CRLA No. 744 of 2019, on the file of the
High Court.
The court while directing issue of notI-Ce tO the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the
case).
ORDER
llThis is an application, filed under section 389(1) of the Code of
Criminal Procedure, seeking enlargement of the petitioner on bail,
pending disposal of the Criminal Appeal.
Sole accused in sessions case No.236 of 2018 on the file of the
Court of the principal Sessions Judge, Rajamahendravaram, East
Godavari, is the appellant in the present appeal.
By way of the judgment date d
13-O9-2O19, the learned Principal Sessions Judge, East Godavari,
convicted the appellant-petitioner for the offence punishable under
Section 302 of IPC and sentenced him to suffer imprisonment for life
and to pay a fine of Rs.5OO/-(Five Hundred Only). Now the appellant is
in Central Prison, Rajamahendravaram, East Godavari.
In the present application, it is stated that the petitioner is
suffering from severe back pain and neck pain and he was initially
referred to the Government General Hospital, Kakinada, and in view of
the reason that there was no improvement, he was again referred to
Neurosurgery op and the doctors have referred to King George
Hospital, Visakhapatnam. It is further stated that the appellant herein
was taken to King George Hospital, where he underwent treatment
and despite the same there was no improvement and the doctors at
the Government General Hospital, Rajamahendravaran, also
examined him and diagnosed his illness as follows:
Buldging c3-C4 di.sc cousirLg ind,eritation on cord
BuldiTLg C4-C5 & C5-C6 d,iscs ccunsing indentation on cord arLd
left a lateral recess.
Bulding L2-L3 & L-4-L5 di,sc causing inderitation orL thJeCa.
Deg.:neraf.ed 86 Cenal buldging L5-S 1 di.sc ccousing compressiorL
on th;eca. ]'
The medical certificate issued by the Deputy Civil Surgeon,
Central prison Hospital, Rajanahendravaram is enclosed with the
application, wherein the Deputy Civil Surgeon observed that the
accused is suffering due to restricted movement of left shoulder joint
pain, cervical spondyloslS a Lumbar Spondylosis and depending On
other person for daily activities.
It is further Stated in the application that, When enquiry Was
made by the petitioner's brother, doctors advised that the petitioner
herein may have to undergo operation or physiotherapy with
medication subject to verification of his medical record.
Eventually, bail fo.r a period Of Six (6) months iS Prayed, SO aS tO
enable him tO take Care Of his treatment aS Suggested by the doctor.
Learned Additional Public Prosecutor has Placed On record the
nominal roll of the convict Prisoner No.79OO, who iS the Petitioner
herein, and according to it the conduct of the petitioner is satisfactory
and medical certificate issued by the Deputy Civil Surgeon dated 05-
o4-2O23 is also Placed on record by the learned Additional Public
prosecutor, which shows the ailments Of the Petitioner herein.
The instructions furnished by the Inspector Of Police, Kadiyam,
p.s., East Godavari dated 13-04-2023 to the Office Of the learned
Additional Public Prosecutor are also Placed on record.
According tO the Said instructions, the Inspector Of Police
secured the presence of family members Of the deceased and recorded
their statements, wherein they have stated that they have no objection
for granting bail to the accused. The statements Of the family members
recorded by the Inspector Of Police are also enclosed.
For the aforesaid reasons and having regard tO the SubmiSSiOnS Of the
learned counsel for the Petitioner, the application iS allowed, directing
release of the Petitioner On bail, pending disposal of Criminal Appeal
No.744 of 2O19 preferred against the judgment dated 13-O9-2O19,
rendered by the learned principal sessions |Judge,
Rajamahendravaram, East Godavari in s.c.No.236 of 2018 for a
period of two (2) months from today, on condition of the petitioner
executing a personal bond for a sum of Rs.10,OOO/-(Rupees Ten
Thousand only) with two sureties for the like sum each to the
satisfaction of the court of the learned VII Additional Judicial
Magistrate of I Class, Rajamahendravaram. It is also made clear that
the petitioner herein .shall surrender before the Jail Authorities by 5
P.M.on 16-O6-2023."
Sd/-G. SRINIVASA REDDY
//TRUE COPY// For A?SSsSIIsSTTA?NN#GG=A?RF
To,
1. The Vll Addl. Judl'cial Magistrate of I class, Rajamahendravaram.
2. The Principal Sessions Judge, East Godavari at RaJ'amahendraVaram.
3. The Superintendent, central Jail, Rajamahendravaram, E.G.DI'StriCt.
4. One CC to SRI. SREEKANTH REDDY AMBATI Advocate [OPuC]
5. Two cos to PUBLIC PROSECUTOR, High Court ofA.P[OUT]
6. Two spare copies.
psk
HIGH COURT
AVSS,J
and
DVR,J
DATED : 17/04/2023
BAIL ORDER
IANo.1 OF2023
lN
CRLA NO: 744 OF 2019
ALLOWED i
