Andhra Pradesh High Court - Amravati
Chandika Srinivas Varma vs The State Of Andhra Pradesh on 7 April, 2025
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI MAIN CASE No: Crl.A.No.619 of 2022 PROCEEDING SHEET Sl. OFFICE DATE ORDER NOTE No
12. 07.04.2025 KSR,J & VS,J (per Hon'ble Sri Justice K.Suresh Reddy) I.A.No.1 of 2025 The petitioner/appellant/Accused was convicted under Sections 363 and 376(1) IPC and Section 4 of Protection of Children from Sexual Offences Act and was sentenced to undergo imprisonment for 'LIFE' on 19.12.2022 in Sessions Case No.86 of 2017 on the file of the Court of Special Judge, Protection of Children from Sexual Offences Act Cases, Guntur.
2. The petitioner/appellant/Accused filed the present application under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking his release on bail by suspending the sentence of imprisonment on medical grounds as well as on the ground that the prosecution has not able to prove the age of the victim girl-P.W.1.
Learned counsel for the petitioner contends that the petitioner is suffering from heart ailments. The petitioner was referred to SVIMS Hospital, Tirupathi to the Cardiology Department on 07.03.2025. At the time of admission, he was examined by the Jail Medical Officer and found he is a known case of ISCHEMIC Cardiomyopathy with severe LV dysfunction and S/P PTCA (Percutaneious transluminal Coronary 2 Angioplasty). She further contended that so far as the age of P.W.1 is concerned, the evidence adduced by the prosecution is contradictory in nature. As such, she requests this Court to enlarge the petitioner on bail.
On the other hand, learned Additional Public Prosecutor opposed the bail application by contending that the petitioner was convicted under the provisions of Protection of Children from Sexual Offences Act. He th further contended that Ex.P2-10 class mark list, exhibited on behalf of the prosecution, shows that P.W.1 is less than 18 years age. He also, on written instructions, submits that as per the advice of the doctor at SVIMS Hospital, Tirupathi, the petitioner is taking treatment in Jail Hospital and providing treatment as per the directions of the doctors at SVIMS Hospital, Tirupathi and presently his health condition is stable.
In view of the above facts and circumstances, as the petitioner's health condition is stable and he is getting treatment in Jail Hospital as per the advice of the doctors at SVIMS Hospital, Tirupathi and as the prosecution is able to prove the age of P.W.1, we are not inclined to grant bail to the petitioner at this stage and this application is liable to be dismissed.
Accordingly, this application is dismissed.
__________________ K.SURESH REDDY,J ____________ V.SUJATHA,J SAB / TSNR