Successive bail application filed by accused seeking release on medical grounds. High Court allowed bail directing petitioner to undergo treatment at a specialized hospital on medical advice.
Petitioner enlarged on bail in S.C.No.225/2023 subject to bond, appearance, and conduct conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:48193 CRL.P No. 5659 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 5659 OF 2024
BETWEEN:
SRI PRADEEP KUMAR AGED ABOUT 25 YEARS S/O K.C. MURTHY R/AT HOSAPALYA VILLAGE THYAMAGONDLU HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT.
…PETITIONER
(BY SRI DEEPAK S SHETTY, ADV.)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
STATE BY THYAMAGONDLU POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU.
(BY SRI M. DIVAKAR MADDUR, HCGP)
…RESPONDENT
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.24/2023 REGISTERED IN THYAMAGONDLU POLICE STATION, BENGALURU DISTRICT, FOR THE OFFENCE P/U/S 114, 302, 307, 323, 324, 504, 506 R/W SEC. 34 OF IPC, PENDING ON THE FILE OF VI ADDL. DIST. AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU.
NC: 2024:KHC:48193 CRL.P No. 5659 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Thyamagondlu Police Station, Bengaluru Rural District, against the petitioner herein and five others, initially for the offences punishable under Sections 506, 34, 504, 307, 323, 324, 114 of IPC, on the basis of the first information received from Timmabyranna S/o Chikkanna. During the course of investigation, petitioner herein was arrested on 14.03.2023. Subsequently, injured Mariyamma had succumbed to the
injuries sustained by her and therefore, Section 302 of IPC was invoked against accused persons. Bail application filed by the petitioner before the jurisdictional Sessions Court was dismissed and therefore, he had approached this Court in Crl.P.No.9075/2023 which was dismissed on 02.11.2023. Thereafter, he had filed Crl.P.No.2072/2024 which was dismissed as withdrawn on 27.03.2024. This successive bail application is now filed by the petitioner seeking regular bail on medical grounds.
also medical documents produced by petitioner fairly submits that petitioner's medical condition has been examined and the Doctors have advised him to take treatment at higher centre.
Based on the aforesaid reports, Specialist Doctor has advised surgery and in the Medical Certificate issued, it is mentioned that surgery is postponed due to unfitness. Petitioner, who is a youngster aged about 25 years is in custody from 14.03.2023. All other accused persons have been enlarged on bail except the petitioner. Though this Court in the earlier round of litigation has dismissed petitioner's bail application on its merits, considering the medical condition of the petitioner which warrants treatment in a Specialized Hospital, I am of the opinion that the prayer made by petitioner for grant of regular bail on medical grounds needs to be granted. Accordingly, the following order:-
NC: 2024:KHC:48193 CRL.P No. 5659 of 2024
Sd/(S VISHWAJITH SHETTY) JUDGE
DN
3 issues framed by the court
Whether the petitioner should be enlarged on regular bail on medical grounds necessitating treatment at a specialized hospital.
Whether the petitioner's medical reports warrant relaxation of bail conditions due to unfitness for surgery.
Whether the prayer for bail is maintainable as a successive bail application.
2 provisions across 2 enactments
Pradeep Kumar
State
S VishwaJith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
