Andhra Pradesh High Court - Amravati
Arikatla Chinna Sunki Reddy vs State Of Andhra Pradesh, on 11 May, 2023
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.345 of 2021
PROCEEDING SHEET
Sl.
ORDER
No DATE
10 11.05.2023 AVSS, J & DVR, J
IA.No.1 of 2023
Heard Sri Vivekananda Virupaksha,
learned advocate representing Sri Virupaksha
Dattatreya Gouda, learned counsel for the
petitioner, and learned Public Prosecutor for the
State.
Petitioner is Accused No.1 in S.C.No.427 of
2015 on the file of the Court of the V Additional
District & Sessions Judge, Allagadda.
By way of the judgment, dated 18.10.2021,
the learned V Additional District & Sessions
Judge convicted the petitioner - Accused No.1,
along with certain others, for the offences
punishable under Sections 302 r/w 149 IPC and
307 r/w 149 IPC and sentenced to undergo life
imprisonment.
In the present application, the petitioner is
seeking bail on medical grounds. Paragraph
Nos.2 to 5 of the application read as follows:
" 2. Petitioner herein is a sexagenarian and is
aged about 67 years. As per the available
medical records, the petitioner herein is suffering
from Ischemic Heart Disease, Hypertension and
Diabetes. It is submitted that about a year ago,
when the petitioner was taken to Government
General Hospital, Kurnool, a Proctoscopy Test
was conducted and the petitioner was found to
be suffering from „Grade II Internal Hemorrhoids
at 11‟0 Clock Position‟ and it was noted that
there was a Rectal prolapse. The Doctors at
Government General Hospital, Kurnool had
advised that „surgical intervention‟ is needed.
3. Petitioner filed I A 3 of 2022 and the
Hon‟ble Court was pleased to enlarge the
petitioner on bail for a period of two weeks from
08.09.2022 to 22.09.2022. However, the surgery
could not be conducted during the said period
due to fluctuation of blood pressure and
accordingly the petitioner filed I A 4 of 2022 and
the Hon‟ble Court was pleased to extend the bail
period for another period of 10 days i.e., till
01.10.2022.
4. For the last one month the petitioner has
been sick and he has been suffering with severe
chest pain and on his request, the jail authorities
referred him to Government General Hospital,
Kadapa (RIMS) and he was examined by the
Doctors on 12-04-2023 and the petitioner was
referred to Government General Hospital, Kurnool
for the opinion of a Cardiologist.
5. The petitioner also informed his family
members during their visit to the jail that there is
heavy rectal bleeding which would indicate that
necessary further treatment is required for
Internal Hemorrhoids."
Today, when the matter is taken up,
instructions furnished by the Superintendent of
Jails (I/c), Central Prison, Kadapa, dated
09.05.2023, are placed on record by the learned
Public Prosecutor. According to the said
instructions, the conduct of the petitioner in jail
is satisfactory. The medical certificate issued by
the Deputy Civil Surgeon, Central Prison,
Kadapa, is also filed along with the said
instructions and the said certificate reads as
follows:
"This is to certify that, Mr. A. Chinna Sunki
Reddy S/o Chinna Sunki Reddy aged 68 years
with CT No. 9125 was admitted in Central
Prison, Kadapa on 22.10.2021 on his admission
he was examined by the Prison Medical Officer
and it is learnt that, he is suffering from ischemic
heart disease old case of CAD, S/P PTCA + 3
DES to LAD/LCX to PTCA / Type 2 DM/ mild
LVD / Bilateral Knee Replacement with Grade-II
Internal Haemorrhoids under medication.
Further, he was complaining of chest pain on
10.03.2022 and the same day he was referred to
Government General Hospital, Kadapa where the
medical officer examined him and advised
investigations like ECG and 2D Echo after
preliminary treatment Prisoner was referred to
higher centre for cardiologist opinion on
11.03.2022. Prisoner was referred to Government
General Hospital, Kurnool for further
investigations and treatment purpose, he was
admitted nearly 10 days as in patient and
discharged from Government General Hospital,
Kurnool on 21.03.2022.
He underwent surgery for Prolapse Rectum
on 25.09.2022. Presently he is suffering with
ischemic heart disease old case of CAD, S/P
PTCA + 3 DES to LAD/LCX to PTCA / Type 2
DM/ mild LVD / Bilateral Knee Replacement with
Grade-II Internal Haemorrhoids. Prisoner requires
regular medical treatment under Cardiologist
supervision.
He was sent to Government General
Hospital, Kadapa on 12.04.2023 with complaints
of Shortness of Breath on exertion with Bilateral
Pedal Oedema, 2D Echo was done. Trivial
MR/TR- LVEF -60%. Patient was referred to
higher centre for Cardiologist opinion.
Now he complaints of painful defecation with
bleeding per Rectum and he needs surgical follow
up."
Having regard to the above reasons and
keeping in view the submissions of the learned
counsel for the petitioner and the learned Public
Prosecutor, this Application is allowed, directing
enlargement of the petitioner - Accused No.1, on
bail, in Sessions Case No.427 of 2015 on the file
of the Court of the V Additional District &
Sessions Judge, Allagadda, on condition of the
petitioner - Accused No.1 executing a personal
bond for a sum of Rs.20,000/- [Rupees Twenty
Thousands only] with two sureties for the like
sum each to the satisfaction of the learned
Judicial Magistrate of First Class, Koilakuntla,
for a period of one month commencing from
14.05.2023 to 13.06.2023. It is also made clear
that by 05:00 PM on 13.06.2023, the petitioner
shall surrender before the jail authorities.
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AVSS, J
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DVR, J
Vjl
