Gopi Kutti vs State of Karnataka

K.N. Keshavanarayana

In this petition filed u/s 439 of Cr. P.C., the petitioner, who has been arraigned as Accused No. 3 in S.C. No. 801/2010 before the Fast Track Court-VI, Bangalore City, has sought for the relief of bail on medical grounds. The petitioner along with other accused persons have been chargesheeted for the offences punishable under Sections 364, 365, 302, 201 r/w. 120(B) of IPC. The earlier applications filed by the petitioner for grant of bail came to be rejected. The case before the trial Court is reported to be at the stage of hearing before charge.

According to the petitioner, he is suffering from chronic pain in the abdomen with urinary infection and in spite of prolonged treatment in the hospital attached to the jail and also in Victoria Hospital, there is no improvement in his health condition, therefore, he feels that he should be treated in a super specialty hospital. Therefore, he sought for the relief of bail at least for a limited period, so as to enable him to have treatment in the hospital of his choice.

As could be seen from the order passed by the Sessions Court while rejecting the application filed for bail on medical grounds, the medical reports from the central prison were secured and the said reports indicated that the petitioner complained chronic pain in the abdomen and he was treated by the Medical Officer attached to the hospital in Central Prison, Parappana Agrahara, Bangalore, and he opined that the petitioner has to be evaluated by diagnostic laparoscopic surgical procedure, therefore, he was taken to Victoria Hospital, where he underwent diagnostic laparoscopic surgical procedure. It was further noticed by the learned Sessions Judge that the medical reports disclosed that the petitioner is being treated for chronic pain in the abdomen and urinary infection and no document was produced to show that the petitioner was suffering from chronic peptic ulcer. The reports further indicated that the petitioner is being treated by the Doctors/Specialists in the Victoria Hospital. Having regard to the facts and circumstances of the case and the nature of treatment being given to the petitioner, I find no grounds to grant bail to the petitioner on medical grounds. The disease from which he appears to be suffering does not require treatment in Super Specialty Hospital. Therefore, the petitioner has not made out any grounds for grant of bail. Hence, the petition is rejected.