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Judgment
K.S. Mudagal, J
Learned Special Public Prosecutor submits medical report of appellant in compliance with the order dated 09.09.2025.
This appeal is preferred by accused No.19 in Special Case No.141/2021 on the file of XLIX Additional City Civil and Sessions Judge,[Special Court for the trial of NIA cases] (CCH-50) Bengaluru. The appellant and other accused in the said case are being tried for the offences punishable under Sections 143, 147, 148, 353, 333, 332, 436, 427 read with Section 149 of IPC, Section 4 of the Prevention of Damage to Public Property Act, 1984 and Sections 15, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short ‘UAP Act’).
The charge was that accused with extremist ideologies with an intention to commit terrorist acts, entered into conspiracy and in execution of such conspiracy on 11.08.2020 at 8.45 p.m. they assembled near K.G Halli police station seeking action against one P.Naveen on the ground that he has made derogatory statement against Prophet Mohammed and he shall be handed over to them. Despite police telling already cases are registered, they vandalized the police station, set private and police vehicles on fire by throwing petrol packs, assaulted police officers and caused injuries to them.
The appellant sought interim bail on the ground that the appellant is suffering from hernia and he needs to undergo surgery immediately. The trial Court has rejected the application on the ground that the appellant has not been advised to undergo any major surgery and required medical aid is being provided in the jail.
Learned Special Public Prosecutor opposes the application on the ground that required medical aid is being provided in the jail.
In view of the contention that the appellant has to undergo immediate surgery, the medical reports of the appellants were called for. Learned Special Public Prosecutor submitted the same. Those records show that the appellant was diagnosed on 08.02.2025 with Right inguinal hernia and planned for surgery. On 04.03.2025, again on examination he was found to have Right inguinal hernia/Left grade II Varicocele/Right minimal Hydrocele.
The report further shows that on 08.03.2025, he was evaluated by the Medicine team for surgery. But due to non-allotment of escort on 13.05.2025, scheduled surgery did not take place. The medical report says that presently also his said medical condition continues and he is diagnosed with Type-II Diabetes Mellitus, Hypertension, Right Inguinal Hernia and planned for surgery. Again for want of escort, his scheduled surgery on 11.09.2025 has not taken place.
The appellant is aged 71 years. Though the interim bail for 60 days was sought, learned Counsel for appellant submits that considering the condition of the appellant and his age, he may require some more time for his recovery and post operative home care.
Considering the medical report and his age, the Court is satisfied that it is a fit case to grant 90 days interim bail for the purpose of undergoing required surgery, with suitable conditions. Hence the following:
ORDER
The appeal is allowed.
The appellant is granted interim bail for a period of 90 days for undergoing surgery/medical treatment for his medical condition subject to the following conditions:
(i) He shall execute personal bond in a sum of Rs.1,00,000/- and furnish two sureties in the likesum to the satisfaction of the trial Court;
(ii) He shall not indulge in any criminal activities;
(iii) He shall furnish his residential address proof during the interim bail period;
(iv) He shall not leave the jurisdiction of Bengaluru during the interim bail period;
(v) He shall submit his medical reports to the investigating officer once in two weeks during the bail period;
(vi) He shall appear before the Court whenever required physically/virtually; and
(vii) He shall surrender before the trial Court on 91st day from the date of his release.
Communicate copy of this order to the Trial Court and concerned prison forthwith.