Andhra Pradesh High Court - Amravati
Bhogi Subbarao, vs State Of Andhra Pradesh on 6 January, 2021
[ 3240 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTH DAY OF JANUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: CRIMINAL PETITION NO: 6077 OF 2020 Between: 1. Bhogi Subbarao, S/o Late Venkata Ramanayya, aged about 61 Years, R/o D/No 62-3-27, New Ramalayam, Sriharipuram, Malkapuram, Visakhapatnam Urban, Visakhapatnam. 2. Smt Bhogi Swama Gowri, W/o Subbarao, aged about 49 Years, R/o D/No 62-3- 27, New Ramalayam, Sriharipuram, Malkapuram, Visakhapatnam Urban, Visakhapatnam. ...Petitioners/Accused No.2 & 3 AND State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravati, Guntur District. ...Respondent Petition under Section 439(1)(B) rw 482 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to relax the conditions imposed by the by the II Additional District and Sessions Judge, Parvatipuram in Crl.M.P.No.114 of 2020 in Cr.No.333 of 2020 of Parvatipuram Town P.S, Vizianagaram District dated 05.12.2020. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri S.V.S.S.Siva Ram, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following. ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 6077 OF 2020 ORDER:-
This petition is filed under Section 439(1)(B) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking relaxation of the conditions imposed by the II Additional District & Sessions Judge, Parvathipuram vide order dated 05.12.2020 in Crl.M.P.No.114 of 2020 in Crime No.333 of 2020 of Parvatipuram Town Police Station, Vizianagaram District wherein the petitioners/A-2 and A-3 alleged to have committed the offences punishable under Sections 498-A of Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard Sri SVSS Siva Ram, learned counsel for the petitioners and the learned Public Prosecutor for the respondent-
State.
3. The Court below while granting pre-arrest bail to the petitioners has imposed certain conditions. Aggrieved by the condition Nos.1 and 4, the present petition is filed. As per the condition No.1, "the petitioners/A-2 and A-3 shall report before the Investigation Officer on every Wednesday and Sunday till filing of charge sheet and thereafter once in a month on Ist Saturday between 5.00 P.M., and 6.00 P.M, till completion of trial/ enquiry for assurance of his availability to safeguard the interests of the prosecution of jumping bail and interference with the witnesses until further orders being passed by the learned trial Judge relaxing the same empowering them by virtue of this order'. As per the condition No.4, "the petitioners/A-2 and A-3 shall not leave the State pending enquiry/trial without prior permission of the trial Magistrate".
4. Learned counsel for the petitioners submits that the 1s petitioner has been diagnosed with carcinoma of urinary cancer in the month of August, 2020 for which he underwent surgery at Aarif Nursing Home, Visakhapatnam and further he has been underwent Chemotherapy and other treatment at Mahatma Gandhi Cancer Hospital, Visakhapatnam and also at Christian Medical College, Vellore at Tamilnadu. The 1st petitioner has been advised complete rest and because of the high intensive treatment, his health condition has totally weakened and deteriorated. In view of his medical condition, it is very difficult to travel such a long distance and that too twice a week to attend the police station and the 2nd petitioner who is wife of the 1st petitioner has to take care of her husband and she has to stay all the way with him and in support of the same, he filed medical reports of the 1* petitioner.
5. Learned Additional Public Prosecutor submits that to secure their presence the Court below has reasonably imposed the conditions while granting bail.
6. Taking into consideration the health condition of the 1* petitioner and 2"4 petitioner being the wife of the 1st petitioner who & has to attend the needs of the 1st petitioner, this Court deems it appropriate to relax the condition Nos.1 and 4 as prayed for.
7. Accordingly, this Criminal Petition is allowed. The condition Nos.1 and 4 imposed by the II Additional District & Sessions Judge, Parvathipuram vide order dated 05.12.2020 in Crl.M.P.No.114 of 2020 are relaxed accordingly.
Consequently, miscellaneous applications pending, if any, shall stand closed.
\ Sd/-K.TataRao oO ' Assrrayy ees TRUE COPY!/ SECTION OFFICER For ASSISTANT REGISTRAR To,
4. The Il Additional District and Sessions Judge, Parvatipuram.
2. The Station House Officer, Parvatipuram Town Police Station, Vizianagaram District.
\ 3 One CC to Sri. S$.V.S.S.Siva Ram, Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court of AP [OUT]
5. One spare copy MM HIGH COURT LK,J DATED:06/01/2021 ORDER CRLP.No.6077 of 2020 ALLOWED * 7 JAN ene