Danial Essex Vs State of Karnataka

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.121/2024 OF MULBAGAL P.S ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT MULABAGAL, KOLAR FOR THE OFFENCES P/U/S 140(2), 319(2), 61(2)(A) R/W 190 OF BNS 2023.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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NC: 2025:KHC:36600 CRL.P No. 2479 of 2025

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HC-KAR

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ORAL ORDER

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Petitioner is seeking to enlarge him on bail in Crime No. 121 of 2024 of Mulbagal Town Police Station.

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FIR is registered against 4 unknown persons, for

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the offence punishable under Section 140(2) of the BNS, 2023. Charge sheet is filed against accused Nos.1 to 7 for the offence punishable under Section 140(2), 319(2), 61(2)(A) read with Section 190 of BNS, 2023. Petitioner is arraigned as accused No.1 in the charge sheet.

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Petitioner was arrested on 13.08.2024. The learned Sessions Judge rejected his bail petition vide order dated 24.12.2024, in Crl.Misc.No.997 of 2024.

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During pendency of this petition, a submission was made that the petitioner has suffered cardiac arrest and that he has been hospitalized. Medical report of the petitioner was secured from the Chief Medical Officer, Central Prison Hospital Bengaluru. Considering the medical exigencies, this Court granted interim bail to the

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3 - NC: 2025:KHC:36600 CRL.P No. 2479 of 2025

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HC-KAR

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petitioner, on medical ground, on 01.04.2025 and directed

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him to surrender before the jurisdictional Court on or before 01.07.2025. As he failed to surrender, non bailable warrant was issued and pursuant to the same, he was produced before this Court on 29.08.2025. He was then directed to be produced before the jurisdictional Court at Mulbagal. The said Court remanded him judicial custody. He is in judicial custody since 29.08.2025.

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As per the medical report of petitioner, he was admitted at Sri Jayadeva Institute of Cardiovascular Science and Research Hospital. Coronary Angiogram (CAG) was done on 22.02.2025. He was advised to undergo Coronary Artery Bypass Grafting (CABG). The Chief Medical Officer has opined that the petitioner is suffering from Ischemic Heart Disease, Diabetes Mellitus and hypertension and requires treatment and regular follow-up at higher centre. Considering the said report, petitioner was released on bail for a limited period.

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NC: 2025:KHC:36600 CRL.P No. 2479 of 2025

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HC-KAR

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However, in view of his failure to surrender before the

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Court, as directed, he has been now taken into custody.

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Considering the medical exigencies and the submission made by the learned counsel for petitioner, this Court is of the view that the petitioner can be enlarged on bail on medical ground for a limited period. Further, he can be permitted to file necessary bail application before the Sessions Court on merits as well as on medical ground, which may be considered by the learned Sessions Judge in accordance with law, after securing the latest medical report from the concerned jail. Accordingly, the following:

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ORDER

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Petitioner is ordered to be released on bail in Crime

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No.121 of 2024 of Mulbagal Town Police Station, on medical ground, subject to the following conditions:

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(a) He shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with

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NC: 2025:KHC:36600 CRL.P No. 2479 of 2025

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HC-KAR

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two sureties for likesum to the satisfaction of the jurisdictional Court;

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(b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address;

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(c) He shall not tamper with the prosecution witnesses in any manner;

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(d) He shall appear before the Trial Court regularly;

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(e) This order shall be in force for a period of three months from the date of release of the petitioner;

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(f) Petitioner is permitted to file necessary application for bail before the jurisdictional Court, both on medical ground as well as on merits;

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(g) Petitioner shall furnish medical report, about the treatment taken by him and other relevant medical documents before the jurisdictional Court for consideration of his bail application on medical ground;

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