Ajmal Pasha vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.3 in S.C.No.288/2022 pending before the Court of III Additional District and Sessions Judge, Mysuru arising out of Crime No.178/2021 registered by Udayagiri Police Station, Mysuru, for offences punishable under Sections 143, 144, 147, 148, 341, 342, 323, 324, 364, 307, 302, 506 read with 149 of IPC, is before this Court under Section 439 of Cr.P.C.

Heard the learned counsel for the parties.

On the complaint of one Mahammed Surmain Sunain dated 15.08.2021, F.I.R. in Crime No.178/2021 was registered by Udayagiri Police, Mysuru initially for offences punishable under Sections 364, 307, 302 and 34 of IPC against Kadeer Pasha and three others. Petitioner was arraigned as accused No.3 in the F.I.R. During the course of investigation, petitioner was arrested on 16.08.2021. Investigation in the case is completed and charge sheet has been filed. His bail application before the trial Court in S.C.No.288/2022 was rejected on 05.11.2022. Under these circumstances, petitioner is before this Court.

Learned counsel for the petitioner submits that petitioner has prayed to enlarge him on bail on medical grounds. He submits that having regard to the medical condition of the petitioner, immediate surgery of his left knee and also spine is required. He further submits that petitioner's mother is a cancer patient and even her condition is very serious. Accordingly, he prays to allow the petition.

The learned HCGP who was directed to secure reports of the medical condition of the petitioner has produced medical reports of the petitioner along with connected medical documents. The medical report dated 13.09.2023 issued by the Chief Medical Officer, Central Prison, Mysuru, reveals that petitioner was evaluated in K.R.Hospital, Mysuru and M.R.I. was done and he was also referred to Bengaluru as per specialist advise. His evaluation was done in K.R.Hospital on 10.09.2023, 11.09.2023 and 12.09.2023 and Orthopaedician of the Hospital has opined that petitioner needs surgery for the tear of anterior cruciate ligament and the meniscal teal with arthroscopic meniscial repair/excision and reconstruction of the anterior cruciate ligament of Left Knee. He is also having multiple spinal dic changes in spine MRI. Further Neuro Surgeon has opined that patients back pain is due to multilevel degenerative discharges of lumbar spine significant at L3-4 and L4-5 level causing spinal canal stenosis and neuroforaminal narrowing opinion and should take medication. The documents made available to this Court would go to show that petitioner's mother is also suffering from cancer and she has been under treatment for her illness from the year 2016 onwards. Under these circumstances, I am of the view that, lenient view is required to be taken as against the petitioner, though he is involved in a heinous crime of committing murder. The petitioner has undertaken to abide by the conditions that may be imposed while enlarging him on bail. Accordingly, the following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in S.C.No.288/2022 pending before the III Additional District and Sessions Judge, Mysuru arising out of Crime No.178/2021 registered by Udayagiri Police Station, Mysuru, for offences punishable under Sections 143, 144, 147, 148, 341, 342, 323, 324, 364, 307, 302, 506 read with 149 of IPC, subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

e) The petitioner shall not involve in similar offences in future.

f) The Petitioner shall mark his attendance before the jurisdictional Police station on 1st Sunday of every month between 10.00 am to 1.00 pm.