Andhra Pradesh High Court - Amravati
Billuri Nagabhushanm vs The State Of Andhra Pradesh on 24 December, 2021
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION NO.7329 of 2021
ORDER:-
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short „Cr.P.C.‟) seeking regular bail to the petitioner/accused in connection with Crime No.05/RCA-VJA- ACB/2021 of ACB Police Station, Vijayawada Range, for the offence punishable under Section 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act, 1988.
2. The facts of the case in brief, are that the above crime was registered against the petitioner on the allegation that he being a public servant has possessed disproportionate properties.
3. Respondents-authorities have filed counter affidavit submitting that investigation is pending and prayed to dismiss the bail petition on the ground that the petitioner may interfere with investigation if he is released on bail.
4. Heard learned counsel for the petitioner and learned standing counsel ACB - cum - Spl. P.P., appearing for the respondent.
5. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in the crime. He further submits that as on the date of arrest and remand of the petitioner, he was suffering with ill-health. He placed reliance on the observations made in paragraph 5 of the counter affidavit, wherein it is stated as under:
"In reply to Para-4, it is submitted that since the Petitioner/AO is suffering from the ill health, and if he requires any special medical treatment the Hon‟ble Court may take appropriate 2 decision in view of his better treatment. It is not out of place to say that there are better treatment facilities in Government Hospitals also in the supervision of Jail Superintendent Authorities".
Learned counsel for the petitioner submits that the petitioner‟s case may be considered for grant of bail as he needs better medical treatment.
6. Learned standing counsel, on instructions, submits that if the petitioner wants to take medical treatment outside, he may be allowed on the condition that after completion of treatment, he should come and surrender before the investigation agency to complete investigation.
7. Perused the record.
8. On the directions given by this Court learned standing counsel has filed latest medical report, dated 20.12.2021, wherein it is stated as under:
"Gastroenterology suggested Colonoscopy to rule out neoplastic or inflammatory etiology and nephorlogists referreral was also done. USG abdomen suggestive of mild benign prostate hypertropthy and nephrologist advise treatment Tab - Tamsulosince 0.4 mg. daily night.
....
Gastroenterologist advised CECT-abdomen with IV and oral contrast but patient was not willing for CECT on 16.12.2021 and planned for it on 21.12.2021 at 8:00 A.M. Gastroenterologist also advised colonoscopy. But colonoscopy out of order, beyond economic limits for repair. So referred by Gastroenterologist to 3 higher center for colonoscopy to rule out neoplatic and inflammatory etiology of colon."
9. Therefore, taking into consideration the above facts of the case and submissions made on either side, this Court deems it appropriate to grant bail to the petitioner by imposing certain conditions.
10. Accordingly, this Criminal Petition is allowed. The petitioner/accused shall be enlarged on bail in connection with Crime No.05/RCA-VJA-ACB/2021 of ACB Police Station, Vijayawada Range on execution of self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned Special Judge for SPE and ACB Cases, Vijayawada. Further, the petitioner is directed to appear before the investigating agency after completion of treatment by obtaining fitness certificate from the concerned Doctor and cooperate with the investigation agency.
Consequently, miscellaneous applications pending, if any, shall stand closed.
_____________________ JUSTICE D.RAMESH Date: 24.12.2021 IKN 4 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.7329 of 2021 24.12.2021 IKN