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2009 DIGILAW 941 (AP)

GANGULA SURAYANARAYANA REDDY ALIAS MADDALACHERUVU SURYANARAYANA REDDY v. STATE OF A. P.

2009-12-24

B.CHANDRA KUMAR

body2009
( 1 ) THE petitioner has been seeking regular bail. He is accused No. 1 in S. C. No. 178 of 2006 on the file of the Court of the Sessions Judge, anantapur. ( 2 ) THE brief facts of the case are as follows. On 02-06-1983 Gangula Naryana Reddy, the father of the petitioner herein was killed. In that case, the deceased in this case, namely paritala Ravindra was the main accused. However, that case was withdrawn by the then Government of Andhra Pradesh. The mother, sister and younger brother of the petitioner herein were killed on 24-10-1993 in a TV bomb blast, allegedly mater minded by the deceased in this case (Paritala ravindra ). However, he was acquitted in that case. It is alleged that in view of the above crimes alleged to have committed by paritala Ravindra, the petitioner bore grudge against him. It is alleged that the petitioner herein hatched a criminal conspiracy to eliminate Paritala Ravindra, and in furtherance of said criminal conspiracy, he along with the conspirators blasted the Car loaded with explosives in which several persons were killed, but however, Sri Paritala ravindra had a providential escape on that day. In that case, the petitioner herein was found guilty and was convicted along with other accused therein to undergo 14 years of rigorous Imprisonment and to pay a fine of rs. 5,000/ -. The petitioner was undergoing sentence in Central Jail, Hyderabad. The allegation against the petitioner is that while he was undergoing sentence in Cherlapalli jail, Hyderabad, he hatched a criminal conspiracy with the other accused persons to kill Paritala Ravindra. Sri Paritala ravindra was murdered on 24-1-2005 at about 2. 45 p. m. at TDP Office at Ananthapur by A-2 to A-7. It is also alleged that most of the SIM Cards reveal that the petitioner used to contact the other accused from time to time. The petitioner has been charged with the offence under Section 302 read with section 120-B IPC. The charge against the petitioner is that of criminal conspiracy to kill the deceased Paritala Ravindra. ( 3 ) SRI Bal Reddy, learned Senior Counsel for the petitioner, submitted that the deceased Paritala Ravindra was a pseudo naxalite and a notorious murderer, having committed about 100 murders and that he was shot dead by unknown persons and that the petitioner has been falsely implicated in this case. ( 3 ) SRI Bal Reddy, learned Senior Counsel for the petitioner, submitted that the deceased Paritala Ravindra was a pseudo naxalite and a notorious murderer, having committed about 100 murders and that he was shot dead by unknown persons and that the petitioner has been falsely implicated in this case. It is also submitted that in the first information report allegations are made against the then Chief Minister sri Y. S. Rajaskhara Reddy and the present parliament Member Sri Jagan Mohan Reddy as conspirators, but however after investigation the police found such allegations as false. It is also submitted that the CBI reinvestigated this case and filed charge sheet, which has been numbered as s. C. No. 178 of 2006. It is also submitted that the petitioner has been in prison since 5-12-1997. It is also submitted that as per g. O. Ms. No. 415, dated 1-10-2009 the petitioner executed that bonds, but however, his incarceration continued in view of pendency of the present case. It is also submitted that the petitioner has been suffering from ill-health and that he has been admitted in NIMS and several tests have been conducted. It is also submitted that since the trial has been completed the question of threatening the witnesses does not arise. It is also submitted that though the trial has been completed, but it may take some more time since 313 Cr. P. C. examination of the accused is not yet completed and that some of the accused have filed a revision petition before this Court seeking to summon the Tahsildar as a Court witness and that the said revision is still pending. It is also submitted that the accused are also intending to adduce defence evidence and there is no possibility of concluding the trial in near future. It is also submitted that A-13 who was suffering from ill-health and whose case is similar to the case of the petitioner has been enlarged on bail on medical grounds. ( 4 ) THE learned Special Public Prosecutor for CBI submitted that now the case is at the fag end and that the bail applications filed by the other accused persons have been dismissed. It is also submitted that there is a direction by the Hon'ble Supreme Court to dispose of the case by 17-1-2010. ( 4 ) THE learned Special Public Prosecutor for CBI submitted that now the case is at the fag end and that the bail applications filed by the other accused persons have been dismissed. It is also submitted that there is a direction by the Hon'ble Supreme Court to dispose of the case by 17-1-2010. It is also submitted that one of the accused i. e. , A-10 approached the Supreme Court, but his bail application was dismissed. It is also submitted that one of the accused turned as an approver and his evidence also prove the charge of conspiracy framed against the petitioner. ( 5 ) THE only point that arises for consideration is whether the case of the petitioner can be considered for grant of bail. ( 6 ) IT is not in dispute thata-13 who was suffering from ill-health has been granted bail by this Court in Crl. P. No. 225 of 2009, dated 11-2-2009. It is also not in dispute that the case of the petitioner is similar to the case of A-13. Yesterday i. e. , on 23-12-2009 when this matter came up before me, the Special public Prosecutor for CBI was directed to secure a report from the NIMS, Hyderabad. Accordingly, the Superintendent of Police, cbi, ACB, Hyderabad, obtained a report, which reveal that the medical certificate no. 8526, dated 22-12-2009 issued by the medical Superintendent in respect of the petitioner is correct. His report further shows that Dr. Subhash Kaushal, treating doctor, stated that the petitioner has been suffering from irritability, sleeplessness, back pain and weakness and that he had undergone renal biopsy, x-rays and other tests from time to time and that he suffered from kidney infection which was cured after medication. The Doctor further informed that the petitioner had infection in his lungs and diagnosed as T. B. for which he is undergoing treatment. It also shows that at present the condition of the petitioner is stable. The petitioner has been admitted in NIMS and taking treatment. ( 7 ) ARTICLE 21 of the Constitution of India envisages that no person shall be deprived of his life or personal liberty except according to procedure established by law. The expression procedure established by law in article 21 has been judiciously construed as meaning a procedure which is reasonable, fair and just. The apex Court declared that article 21includes right to speedy trial. The expression procedure established by law in article 21 has been judiciously construed as meaning a procedure which is reasonable, fair and just. The apex Court declared that article 21includes right to speedy trial. In this case, the petitioner was taken into custody on 28-3-2005. According to the learned counsel for the petitioner, which is not disputed, the petitioner did not take parole since then, though he was undergoing sentence in another case. ( 8 ) THE Supreme Court also opined that no person can be put in jail as under-trial prisoner indefinitely (See Abdul Rehman antulay v. R. S. Nayak (1) AIR 1992 SC 1701 and common Cause, Registered Society v. Union of india (2) AIR 1996 SC 1619 . ( 9 ) THE apex Court has been condemning the delay in holding trials. (Refer State of maharashtra v. Champalal (3) AIR 1981 SC 1675 , state of Rajasthan v. Sukhpal (4) AIR 1984 SC 207 , Rudul Shah v. State of Bihar (5) AIR 1983 SC 1086 , and Police Commissioner, Delhi v. Registrar, delhi High Court (6) AIR 1997 SC 95 . ( 10 ) THOUGH trial is completed in this case, since it is represented that a revision is pending before this Court and the accused are intending to adduce defence witnesses, i am of the view that it may take some time for final disposal of the case. It is also settled law that no person can be put in jail as under-trial prisoner indefinitely. ( 11 ) LIBERTY is the cry of humanity. It is said that though man is born free he is always in chains. Circumstances may make a person criminal. The inimical feelings and the attitude of revenge may be reasons for committing crimes. Though committing murder as revenge for killing his father, mother, sister and younger brother may not be justified, but the same is said to be the motive in this case. Taking revenge and committing crimes or indulging in nonviolence in any form can never bring peace and happiness. The persons who involved themselves in committing crimes may have constant fear and even if they live in a strong fort with armed gunmen they may not feel secure always. Thus enmity can never bring peace and happiness. One may get freedom only in peace and non-violence. There will be freedom in honest thinking and in honest decision. The persons who involved themselves in committing crimes may have constant fear and even if they live in a strong fort with armed gunmen they may not feel secure always. Thus enmity can never bring peace and happiness. One may get freedom only in peace and non-violence. There will be freedom in honest thinking and in honest decision. If a man is under compulsion he is not free. Ourgoal should be to have freedom as aspired by Sri Ravindranath Tagore in his famous poem "where the mind is without fear". Freedom is the goal of every individual. An individual or an authority will be free only when it or he can take a decision without fear or favour. Aman cannot be said to be free if he is under any kind of influence. Therefore the Constitution of India gives greater importance to liberty. However, no one should misuse the liberty. If any of the accused is granted bail, he should not misuse his liberty, should not tamper the prosecution evidence, should not tamper further investigation and should not influence the witnesses. He must utilize the liberty and freedom granted to him for his happiness, his progress and to serve the hungry and sickly and to help his fellow beings. In fact in such activities lies the real freedom. It is said that Valmeeki was a criminal, but subsequently he became a great saint. It is also said that Poet Vemanna was leading immoral life, but he too became a great saint. Therefore, when an opportunity is given to enjoy the liberty and freedom, that opportunity should be utilized for his happiness and for the happiness of his family. He should maintain peace and harmony. They should realize the importance of nonviolence, harmony and development of material and spiritual life. Unless there is self introspection and one realizes the value of life and the purpose of life, no one can lead a purposeful life. The life of all those can be said to be purposeful life, whose life is useful to the society and to the nation and thereby to the suffering people. ( 12 ) THE apex Court and this Court time and again have been insisting the need of speedy trial. The life of all those can be said to be purposeful life, whose life is useful to the society and to the nation and thereby to the suffering people. ( 12 ) THE apex Court and this Court time and again have been insisting the need of speedy trial. When a person has been in judicial custody for months and years together not only that person, his mother, father, wife, children and all his near and dear have to face mental torture and it will be a continuous mental agony for all those persons. Therefore, the liberty is most precious, which has to be protected in accordance with law. ( 13 ) SINCE similarly placed accused has been already enlarged on bail by this Court and since the petitioner has been undergoing treatment in NIMS and since he has been in judicial custody since more than five years in this case, I am included to grant bail to the petitioner. ( 14 ) IN the result, the petition is allowed. The petitioner shall be enlarged on bail on his executing a bond for Rs. 1,00,000/- (Rupees one Lakh only) with two sureties of the like sum each to the satisfaction of the Addl. Judicial Magistrate of First Class, Anantapur, and on further condition of depositing a title deed worth of Rs. 5,00,000/- (Rupees Five lakhs) or more of the petitioner or of any other surety. After release, the petitioner shall not enter into Anantapur District, except for appearing before the Court. After discharge from the Hospital, the petitioner shall report before the Inspector, CBI, ACB hyderabad, on every Thursday and Sunday. ( 15 ) THE Criminal Petition is accordingly allowed. Petition is accordingly allowed