Andhra Pradesh High Court - Amravati
Telugu Jambulaiah, Kurnool Dt 5 ... vs The State Of Andhra Pradesh, Rep ... on 21 September, 2023
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.A.No.900 of 2017
PROCEEDING SHEET
Sl.
DATE ORDER
No
28. 21.09.2023 AVSS, J & VJP,J
I.A.No.3 of 2023
Heard Sri Ramalakshmana Reddy Sanepalli,
learned counsel for the petitioner and Sri Y.Nagi Reddy,
learned Public Prosecutor for the State.
This application is filed under sub-section (1) of
Section 389 of the Code of Criminal Procedure, 1973,
seeking bail.
The petitioner herein is the accused No.1 in
Sessions Case No.531 of 2008 on the file of the Court of I
Additional Sessions Judge, Kurnool. The learned I
Additional Sessions Judge, Kurnool, convicted the
petitioner herein along with five others for the offence
punishable under Section 302 read with Section 34 of the
Indian Penal Code, 1860 and sentenced to undergo life
imprisonment. In the present application, petitioner
(accused No.1) is seeking his enlargement on bail for a
period of 30 days to give medical assistance to his wife.
Paragraphs 4 and 5 of the bail application read as follows:
"4. It is respectfully submitted that the
petitioner Wife namely M.Eswaramma, who is
suffering with SWINE FLU and taking treatment
at Shanthiram Medical Hospital at Nandyala, she
is undergoing treatment in Intensive Care Unit
(I.C.U.) and her condition is very critical and she
requires mechanical ventilator support, such
conditions to support the patient as a Husband his
presence is very much necessary, and now he is
in undergoing sentence in the above said Crime.
It is therefore prayed that this Hon'ble Court to
enlarge the petitioner on medical bail for 30 days,
to assist and to give better medical treatment and
to give moral support, as children are unable to
give proper assistance and the son of the
petitioner is admitted in hospital and daughter is a
student. Under these circumstances petitioner
being a husband, he has to look after his wife
medical necessities, if this Hon'ble Court does
not grant the medical bail petitioner would suffer
irreparable loss and hardships. Hence the present
bail petition.
5. The appellant is in jail from the date of
judgment till this date, since his wife suffering
serious illness the appellant filed present
application seeking bail for 30 days to give
medical assistance to his wife. The copy of
medical certificate is filed herewith for kind
perusal of this Hon'ble Court, the appellant is
ready to obey the conditions imposed."
The instructions furnished by the Station House
Officer, Velgode, are placed on record by the learned
Public Prosecutor and the said instructions confirm the
illness of the wife of the petitioner and also the admission
of his wife in Shanthiram Super Specialty Hospital,
Nandyala due to SWINE FLU.
Having regard to the reasons mentioned in the
application and taking into consideration the instructions
furnished by the Sub-Inspector of Police Velugodu and
also the medical record filed along with the application,
the present application is allowed, directing the
enlargement of the petitioner (accused No.1) in Sessions
Case No.531 of 2008 on the file of the Court of I
Additional Sessions Judge, Kurnool, subject to the
petitioner executing a personal bond for Rs.10,000/- with
two sureties for a likesum each to the satisfaction of the
Court of Judicial Magistrate of First Class, Atmakur. It is
made clear that by 5.00 p.m. on 22.10.2023, the petitioner
shall surrender before the Jail Superintendent, Central
Prison, Kadapa, YSR Kadapa District. It is also made
clear that the petitioner herein shall appear before the
Police Station, Velugodu on every Saturday in between
10.00 a.m. and 11.00 a.m.
Crl.A.No.900 of 2017
Post in usual course.
________
AVSS, J
_______
VJP, J
ARR
