Satish vs The State

B. Sreenivas Gowda, J.—The petitioner has filed this petition under Section 439(1)(b) of Cr.P.C., seeking to modify condition No. 4 imposed in the order dated 21.07.2014 passed in Criminal Petition No. 200549/2014 and to grant bail on medical grounds for a period of two months in connection with Crime No. 138/2013 of Brahmpur Police Station, registered for the offences punishable under Sections 143, 147, 148, 120(B), 341, 379, 302, 396 r/w Section 149 of IPC.

I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State and I have perused the complaint, FIR, charge sheet and the order passed by this Court dated 21.07.2014 in Criminal Petition No. 200549/2014.

The learned counsel for the petitioner submits that petitioner was arrested by the police on 06.09.2013 in connection with the aforesaid crime and has been remanded to judicial custody, since then he is in Central Prison, Gulbarga. His submission is that petitioner is suffering from both kidneys problem and he has to undergo treatment in that regard and he desires to take treatment at Yashodha Private Hospital, Solapur, which is the hospital known for giving treatment for kidneys ailment. He fairly submits that this Court considering the said problem of the petitioner was pleased to allow the Criminal Petition No. 200549/2014 by the order dated 21.07.2014 and granted bail to the petitioner for a period of two months to enable him to take treatment with a condition that he shall be accompanied by the Police Constable to guard him at the expenses of the petitioner. The learned counsel for the petitioner further submits that hospital authorities of Yashodha Private Hospital, Solapur, do not allow the Police inside the ICU/operation theatre/dialysis unit and therefore, that condition directing the Police to accompany the petitioner may be relaxed. He also submits that the petitioner is prepared to deposit cash security ensuring that he will return to Central Prison, Gulbarga, within stipulated period fixed by the Court while granting him bail. It is his submission that though this Court has granted bail to the petitioner for a period of two months, because of the aforesaid condition imposed while granting him bail, the petitioner could not avail treatment. Therefore, he seeks fresh bail once again for a period of two months to enable him to take treatment in the said hospital with little modification of the condition imposed in the earlier order.

Whereas the learned High Court Government Pleader appearing for the respondent-State submits that petitioner who had obtained the bail from this Court on an earlier occasion failed to utilize the same. The petitioner is the main accused in the case and he is also involved in other criminal cases with that background such a condition was imposed by this Court while granting him bail on an earlier occasion. Therefore, he opposes for relaxing the condition imposed in the earlier order. However, he submits that with the same conditions petitioner's request for grant of fresh bail for a period of two months may be granted.

It is not in dispute that the petitioner had obtained the bail on an earlier occasion but he did not utilize the same. Considering the involvement of the petitioner in this case and other cases, it is not safe to relax the condition imposed in the earlier order. However, it can be modified to the extent of directing the Police Constable to accompany the petitioner with civil dress and with a further direction that he shall not enter the dialysis unit/operation theatre/ICU and if the petitioner is required to be treated in such places, the Police Constable can wait outside those units. It is needless to say that petitioner has to meet minimum expenses of constable such as providing him breakfast, lunch and dinner.

In the result, I pass the following:

"ORDER

The petition is allowed. The petitioner is granted bail for a period of two months and the petitioner is permitted to take treatment for kidneys ailment only at Yoshodha Private Hospital, Solapur and he shall be accompanied by the concerned Police Constable deputed from Central Prison, Gulbarga, after obtaining necessary permission from the Superintendent of Police and the same shall be done within five days from the date of receipt of a copy of this order. The bail order granted for two months will be in force from the date of jail Superintendent providing him police guard. The Police Constable who is provided to guard the petitioner shall accompany the petitioner to Yashodha Private Hospital, Solapur, and he should not enter the operation theatre/dialysis theatre/ICU and he is permitted to wait outside those places. The petitioner shall meet the expenses of the police constable.

The petitioner shall also deposit a sum of Rs. 1,00,000/- before this Court within one week from today.

The affidavit filed by the father of the petitioner undertaking to bring the petitioner back to Central Prison, Gulbarga, within two months period is taken on record."