Mohammed Saifulla vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by the sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in crime No. 63/2025 of Ramanagara Town Police Station registered for offence punishable under Section 105 of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’).

Heard learned counsel for petitioner and learned Additional SPP for respondent - State.

Learned Counsel for petitioner would contend that petitioner came to be arrested on 12.06.2025 and he is in judicial custody. As charge sheet is filed, petitioner is not required for custodial interrogation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. Cause of death of the deceased is kept pending. Petitioner is ready to abide by any terms and conditions to be imposed by this court. With this he prayed to allow the petition.

Per contra learned Additional SPP would contend that the petitioner, even though not qualified to practice as a Doctor, has opened a clinic. Due to the treatment given by the petitioner, child of the first informant, aged 6 months, died. Petitioner is not qualified and he is having only D-Pharma certificate. Petitioner has created several documents to show that he is a Doctor. Charge sheet material show prima facie case against the petitioner for offence alleged against him. With this, she prayed for dismissal of the petition.

Having heard learned counsel for the parties, this Court has perused charge sheet and other materials placed on record.

Child of first informant, aged 6 months, by name Sharanya, died. It is alleged that due to the treatment given by this petitioner the said child died. Petitioner is stated to be not qualified to practice as a Doctor, but, he has created documents to show that he is qualified to practice as Doctor. The Doctor who conducted P.M. examination over the dead body of the deceased has kept pending the cause of death awaiting chemical analysis, histopathology and Microbiology Reports. As charge sheet is filed, petitioner is not required for custodial interrogation. Offence alleged against the petitioner is not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. Petitioner has undertaken to abide by any terms and conditions to be imposed by this Court. The petitioner has made out case for grant of bail with conditions.

In the result, the following;

ORDER

Petition is allowed. Petitioner is granted bail in Crime 63/2025 of Ramanagara Town Police Station subject to following conditions:

I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court.

II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly.

III. Petitioner shall attend the Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case.