Andhra Pradesh High Court - Amravati
Telugu Jambulaiah, Kurnool Dt 5 ... vs The State Of Andhra Pradesh, Rep ... on 8 May, 2023
----' ts
-. -``
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAIl
MONDAY, THE EIGHTH DAY OF MAY
TWO THOUSAND AND ll^/ENTY THREE
: PRESENT:
THE HONOURABLE SRI JUSTICE A.V.SESHA SAI
I
AND
THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RA`MANA
IANo.1 OF2023
lN
CRLA NO: 900 OF 2017
Betwee n :
1. Telugu Jambulaiah, S/o. Pedda Yel]aiah, Aged 47 years, R/o. Velugode
Village & MandaI, KurnooI District.
2. Telugu Hariprasad, (Died)
3. Telugu Mallaiah @ Gadidamalla Mallaiah, S/o. Venkataramudu, Aged 37
years, R/o. Velugode Village & MandaI, Kurnool District.
4. Telugu Rama Krishna, S/o. Jangam Ramudu, aged 37 years, R/o. Velugode
Village & Mandal, Kurnool District.
5. Telugu Venkataramudu @ Gadidamalla Venkataramudu, S/o.
Venkataramadu, R/o. Velugode Village & Mandal, KurnooI District.
6. Telugu Ramanjaneyulu, S/o. Pedda Yellaiah, Ex-Sarpanch of Velugode
Village & Mandal, R/o. Velugode Village & Mandal, Kurnool District.
...Appellants/Accused 1, 3 to 6
AND
The State of Andhra Pradesh, rep., by the Public Prosecutor, High Court of
Andhra Pradesh at Amaravati.
...Respondent
Petition under Section 389 (1) of Cr.P.C praying that in the circumstances
stated in the grounds filed in Criminal Appeal, the High Court may be pleased to
grant bail to the petitioners/Appellants herein by suspending the operation of
conviction and sentence imposed by the learned I Additional Sessions Judgel
KurnooI, vide its Calendar and Judgment Dt. 30.06.2017 in S.C.No.531 of 2008 on
the file of the I Additional Sessions Judge, Kurnool, pending disposal of
CRLA No.900 of 2017, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
grounds filed in support thereof and upon hearing the arguments of Sri Ghanta
Sridhar, Advocate for the AppeIIants and of Addl. Public Prosecutor for Respondent,
the Court made the following
ORDER:
llHeard Sri Ghanta Sridhar, learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
This is an Application filed by Accused Mos.1,3 to 6 I-n S.C.No.531 of
2008 on the file of the Court of the learned I Additional Sessions Judge,
Kurnool, seeking their enlargement on bail. By way of the judgment dated
/
/
30.06.2017 in S.C.No.531 of 2008, the I Additional Sessions Judge, Kurnool,
convicted the accused Nos.1, 3 to 6 for the offence punishable under section
302 and sentenced them to suffer rigorous imprisonment for life and to pay a
fine of Rs.3,000/- each, in default, to undergo simple imprisonment for six
months each.
It is brought to the notice of this Court that accused No.6 ,-.e., Telugu
Ramanjaneyulu, S/o Pedda Yellaiah, died peIlding Application. Therefore, the
present ApplI-CatiOn iS required tO be treated as the Application filed by
accused Mos.1, 3 to 5.
lt is submitted by the learned counsel that having regard to the charges
levelled and findl-ngs of the learned Sessions Judge, by any stretch of
imagination, it cannot be construed that there is involvement of the accused in
the grievous and heinous crime and all the accused are entitled for bail. lt is
further submitted by the learned counsel that the accused No.5 is suffering
from the ailment of cancer and he requires medical treatment in a specialised
hospital. In support of the same, a Memo dated 01.05.2023 is filed.
On the contrary, the learned Additional Public Prosecutor submits that
substantially raisI-ng the Same grounds, earlier the petitioners ffled I.ANo.2 of
2022 before this Court and a Coordl-mate Bench of this Court v,-de order dated
O4.ll.2022 dismissed the same, while comI-ng tO a COnCluSiOn that in View Of
the facts of the case, as the petitioners involved in a grievous and heinous
crime of murder and they were convicted for the offence punishable under
Section 302 read with 34 lPC and sentenced to un'dergo imprisonment for life,
the petitioners are not entitled for bail.
ln the absence of any changed circumstances insofar as accused Mos.1,
3 and 4, this Court is not inclined to entertain the present Application on the
ground that they have completed five years of sentence followed by
convl-ction. However, since the accused No.5 is requesting thI-S Court to
cons]-der his enlargement on bail on medical grounds, this court needs to
examine his case.
The learned Additional Public Prosecutor has placed on record the
nominal roll of the accused No.5 so also the Medical Certificate issued by the
Deputy Civil Surgeon, Central PrI-son, Kadapa, dated o4.05.2023. In the
aforesaid Medical CertifI-Gate, it iS Stated that the petitioner was referred to
Government General Hospital, Kurnool on 03.05.2023 for routine follow uP,
wherein he was advised to continue medication for Cerebra Vascular Accident
(CVA) and medication was given for Acute Pharyngitis and he was advised tO
come for ENT O.P., for Video Laryngoscopy. lt is further stated that he iS under
admission in prison Hospital and undergoing treatment aS advised by the
super speciality Doctors and he requires further follow uP and treatment in
specialised Hospitals where E.N.T., Neurosurgery and Surgical Oncology is
available.
ln view of the above Medical Cert-lficate and the contents therein, this
court is inclined to grant bail in favour of accused No.5 ,-.e., Telugu
Ramakrishna @ Gadidamalla Venkataramudu, S/o Venkataramudu, for a
limited period to approach Specialised Hospital to obtain necessary advice for
further course of action.
For the aforesa-ld reasons, the lnterlocutory Application is dismissed to
the extent of accused Mos.1,3 and 4 and to the extent of accused No.5 ,-.e.,
Telugu Ramakrishna @ Gadidamalla Venkataramudu, S/o Venkataramudu, the
lnterlocutory Application stands allowed, directing enlargement of the accused
No.5 in Sessions Case No.531 of 2008 on the file of the learned I Additional
sessions Judge, Kurnool, on bail for a period of one month COmmenCing
from 15.05.2023 to 14.06.2023, subject to the petitioner furnishing a Personal
bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties for the like
sum each to the satisfaction of the court of the learned Judicial 'Magistrate of
-
First Class, Atmakur. lt is made clear that the accused No.5 shall surrender
before the jail authorities by 5.00 P.M., on 14.06.2023."
Sd/- B. PRASADA RAO
ASSISTANT R GISTRAR
AS
//TRUE COPY// SECTION OFFICER
For AS!
To,
1. The I Addl. Sessions Judge, Kurnool, Kurnool District Ei
2. The Judicial First Class Magistrate, Atmakur, KurnooI District.
3.
/
The Superintendent, Central Prison, Kadapa, Kadapa District.
\
4. One CC to Sri. Ghanta Sridhar, Advocate [OPUC]
5. Two cos to Public Prosecutor, High Court ofAP [OUT]
6. Two spare copies.
MSB
HIGH COURT
AVSS,J
&
DVR,J
DATED:08.05.2023
BAIL ORDER
lA.NO.1 OF 2023
lN
CRLA.No.goo of 2017
DIRECTION
'J_ 7.;,:; ;._
I, I: I.,''::.'':.
I r\ 1
J``-, !=:i: ; I
LI\
\.I:~.`,' •,_:t.t\:''.I \:
\l`\., `
{-`)-`
S.\\ `
._ . -I:-.J'I-_I
I-~
i. 9 MAV2023
3T`\; t'.L
I
``+ti ++,- J±.
tJ|'''' :i ,,::, r, {',1Plfr--EL~,
--
a-,±= `-`. *_-.`.`\`-- f.:Etl`
