Karnataka High Court
Shivakumar vs The Union Of India on 28 January, 2026
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NC: 2026:KHC-K:631
CRL.P No. 201434 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 201434 OF 2025
(439(Cr.PC)/483(BNSS)
BETWEEN:
SHIVAKUMAR S/O. SHESHAPPA PUJARI
AGE 43 YEARS, OCC: AGRICULTURE
R/O H.NO.23/104, TEACHERS COLONY,
NEAR BHAGAT SINGH SCHOOL
HUMNABAD, DIST. BIDAR - 585401.
...PETITIONER
(BY SRI SHIVANAND V. PATTANSHETTI, &
SRI DUVVURI SURYA NARAYANA, ADVOCATES)
AND:
Digitally signed
by SHIVALEELA THE UNION OF INDIA
DATTATRAYA NARCOTIC CONTROL
UDAGI BENGALURU ZONAL UNIT,
Location: HIGH BANGALORE.
COURT OF R/BY DEPUTY SOLICITOR GENERAL OF INDIA
KARNATAKA HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585107.
...RESPONDENT
(BY SRI SUDIR SINGH R. VIJAPUR, DSGI)
THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C
(OLD) U/S 483 OF BNSS (NEW), PRAYING TO GRANT THE
REGULAR BAIL TO THE PETITIONER/ ACCUSED NO.3 IN SPL
CASE NO.1541/2024 (NCB CRIME NO.48/01/05/2024/BZU
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NC: 2026:KHC-K:631
CRL.P No. 201434 of 2025
HC-KAR
DISTRICT BIDAR) PENDING ON THE FILE OF PRL. DISTRICT
AND SESSIONS JUDGE, BIDAR FOR THE OFFENCES
PUNISHABLE U/SEC 8(C), R/W 20(b) (ii)(c), 25, 27(A), 28, AND
29 OF NDPS ACT 1985, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
The petitioner/accused No.3 filed this petition seeking interim bail on medical grounds in Special Case No.1541/2024 (arising out of NCB Crime No.48/01/05/2024/BZU, District Bidar, registered by the Union of India Narcotic Control Bureau, Bangalore Zonal Unit), pending on the file of Principal District and Sessions Judge, Bidar, for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(C), 25, 27A, 28 and 29 of NDPS Act, 1985,
2. It is contended by the learned counsel for the petitioner that the petitioner is charge sheeted for the aforementioned offences along with other four accused.
-3-NC: 2026:KHC-K:631 CRL.P No. 201434 of 2025 HC-KAR The petitioner is facing serious ailments of (1) Cholelithiasis, (2) Diabetic Kidney Disease with Diabetic Neuropathy (Grade I), (3) Hypertension with Hypertensive Retinopathy, (4) Folliculitis, (5) Old Pulmonary Tuberculosis and he has been under regular medication in the Central Prison so also at GIMS Hospital, Kalaburagi.
As such, this Court, vide order dated 18.12.2025, called for the medical records pertaining to the petitioner from the Medical Superintendent of Gulbarga Institute of Medical Sciences Teaching Hospital at Kalaburagi to ascertain whether the chronic ailments suffered by the petitioner requires advanced medical treatment necessitating hospitalization as an inpatient. Accordingly, the Superintendent of Central Prison has forwarded the medical report along with medical prescriptions of the petitioner form the Medical Officer of Central Prison, Kalaburagi, which reads as under:
"Pertaining to the above subject and reference, Shivakumar s/o Sheshappa, 42years old, CTP was brought to Central Prison Kalaburagi on 09/12/2024.-4-
NC: 2026:KHC-K:631 CRL.P No. 201434 of 2025 HC-KAR The above inmate was referred to GIMS Hospital Kalaburagi on 21-03-2025 with c/o bilateral pedal edema (k/c/o HTN & DM & is on regular treatment). The inmate was admitted in GIMS Hospital Kalaburagi from 21-03-2025 to 12-04-2025 vide In Patient No.202511451. The concerned specialist examined & evaluated the inmate & was diagnosed as 1) k/c/o Diabetes Mellitus with Diabetic Nephropathy, 2) Accelerated Hypertension, 3) Bilateral Non Proliferative Diabetic Retinopathy (NPDR) with Clinically significant Macular edema(CSME), 4) Old Pulmonary Tuberculosis.
Treated symptomatically & discharged on 12/04/2025 (7 Cycles of hemodialysis was done).
Again the above inmate was sent to GIMS hospital Kalaburagi on 18-04-2025 for follow up as advised by treating specialist. The inmate was admitted from 18-04-2025 to 21-04-2025 vide In Patient No. 202515389. The concerned specialist has examined & evaluated the inmate & was diagnosed as k/c/o Diabetes Mellitus with Diabetic Kidney disease with Hypertension with Bilateral NPDR, underwent 7cycles of Haemodialysis. Treated symptomatically & discharged on 21-04-2025. Advised to take the medications on regular basis as advised by treating specialist. Advised for follow up after 30 days in Medicine OPD. Again the above inmate was referred to GIMS Hospital Kalaburagi on 29-04-2025 for c/o pain abdomen vide OPD Slip UHID No:20250110640 Dated:29-04-2025. The concerned specialist has examined & evaluated the inmate & advised to continue the same treatment. The above inmate was again referred to GIMS Hospital Kalaburagi on 21-05-2025 for c/o pain in lower chest vide OPD Slip UHID No:202501311623 Dated:21-05-2025. The concerned specialist (Medicine & Ortho OPD )has examined & evaluated the inmate & advised symptomatic treatment. The above inmate was referred to GIMS Hospital Kalaburagi on 02-06-2025 for c/o swelling in both -5- NC: 2026:KHC-K:631 CRL.P No. 201434 of 2025 HC-KAR lower limbs vide OPD Slip UHID No:20250142351 Dated:02-06-2025. The concerned specialist has examined & evaluated the inmate & advised to continue the same treatment.
The above inmate was again referred to GIMS Hospital Kalaburagi on 10-06-2025 for c/o high grade fever not responding to conservative treatment. The inmate was admitted in Prison Ward (Medicine B Unit) in GIMS Hospital Vide In Patient No:202523034. The inmate was diagnosed as k/c/o Hypertension with Diabetes Mellitus with Chronic Kidney disease with Viral fever and was treated accordingly from 10-06-2025 to 13-06-2025.
The above inmate was referred to GIMS Hospital Kalaburagi on 02-07-2025 for c/o loose motions & vomiting not responding to conservative treatment vide OPD Slip UHID No:20250173726 Dated:02-07-2025. The concerned specialist has examined & evaluated the inmate & treated symptomatically.
The above inmate was referred to GIMS Hospital Kalaburagi on 18-07-2025 for c/o back ache & chest pain not responding to symptomatic treatment vide OPD Slip UHID No:20250191602 Dated: 18-07-2025. The concerned specialist has examined & evaluated the inmate & treated conservatively.
The above inmate was referred to GIMS Hospital Kalaburagi on 20-08-2025 for follow up vide OPD Slip UHID No:20250226032 Dated:20-08-2025. The concerned specialist has examined & evaluated the inmate & advised to continue the same treatment.
The above inmate was referred to GIMS Hospital Kalaburagi on 21-08-2025 for c/o lower bachache vide OPD Slip UHID No:20250226958 -6- NC: 2026:KHC-K:631 CRL.P No. 201434 of 2025 HC-KAR Dated:21-08-2025. The concerned specialist has examined & evaluated the inmate & advised to continue the same treatment& Nephrologist opinion.
The above inmate was referred to GIMS Hospital Kalaburagi on 03-09-2025 for follow up at Nephrologist vide OPD Slip UHID No:20250240603 Dated:03-09-2025. The concerned specialist has examined & evaluated the inmate & advised conservative treatment.
The above inmate was referred to GIMS Hospital Kalaburagi on 20-09-2025 for c/o lower chest pain with giddiness vide OPD Slip UHID No:20250260189 Dated:20-09-2025. The concerned specialist has examined & evaluated the inmate & advised symptomatic treatment.
The above inmate was referred to GIMS Hospital Kalaburagi on 29-12-2025 for c/o follow up vide OPD Slip UHID No:20250359384 Dated: 29-12- 2025. The concerned specialist has examined & evaluated the inmate & advised to continue the same treatment.
The above inmate was again referred to GIMS Hospital Kalabuargi on 12-01-2026 for c/o pain abdomen. The inmate was examined & evaluated by concerned specialist( Surgery A unit & Medicine A unit) vide OPD Slip UHID No:20260011721 Dated:12-01-2026 & advised USG Abdomen. The further details of the investigations & treatment will be informed to Honorable Court once we get the reports. Inmate is on medications as advised by the treating Nephrologist."
3. However, in the said report it was stated that on 12.01.2026 on the complaint of abdominal pain, he was -7- NC: 2026:KHC-K:631 CRL.P No. 201434 of 2025 HC-KAR advised for USG Abdomen and that the detailed investigation and treatment will be informed to this Court.
As such, this Court once again called for the said report on 19.01.2026. In compliance of the said order, the Superintendent of Central Prison has once again forwarded the Medical Report and stated the present health condition of the petitioner vide report dated 27.01.2026, which reads as under:
"Pertaining to the above subject and reference, Shivakumar s/o ca Sheshappa, 42years old, CTP was brought to Central Prison Kalaburagi on 09/12/2024. The above inmate was referred to GIMS Hospital Kalaburagi on 21-03-2025 with c/o bilateral pedal edema (k/c/o HTN & DM & is on regular treatment). The inmate was admitted in GIMS Hospital Kalaburagi from 21-03-2025 to 12-04-2025 vide In Patient No.202511451. The concerned specialist examined & evaluated the inmate & was diagnosed as 1) k/c/o Diabetes Mellitus with Diabetic Nephropathy, 2) Accelerated Hypertension, 3) Bilateral Non Proliferative Diabetic Retinopathy (NPDR) with Clinically significant Macular edema (CSME), 4) Old Pulmonary Tuberculosis. Treated symptomatically & discharged on 12/04/2025 (7 Cycles of hemodialysis was done).
Again the above inmate was sent to GIMS hospital Kalabuargi on 18-04-2025 for follow up as advised by treating, specialist. The inmate was admitted from 18-04-2025 to 21-04-2025 vide In Patient No 202515389. The concerned specialist has examined & evaluated the inmate & was diagnosed -8- NC: 2026:KHC-K:631 CRL.P No. 201434 of 2025 HC-KAR as k/c/o Diabetes Mellitus with Diabetic Kidney disease with Hypertension with Bilateral NPDR, underwent 7cycles of Haemodialysis. Treated symptomatically & discharged on 21-04-2025 Advised to take the medications on regular basis as advised by treating specialist. Advised for follow up after 30 days in Medicine OPD Again the above inmate was referred to GIMS Hospital Kalaburagi on 29-04-2025 for c/o pain abdomen vide OPD Slip UHID No 20250110640 Dated 29-04-2025. The concerned specialist has examined & evaluated the inmate & advised to continue the same treatment. The above inmate was again referred to GIMS Hospital Kalaburagi on 21-05-2025 for c/o pain in lower chest vide OPD Slip UHID No.202501311623 Dated 21-05-2025. The concerned specialist (Medicine & Ortho OPD )has examined & evaluated the inmate & advised symptomatic treatment. The above inmate was referred to GIMS Hospital Kalaburagi on 02-06-2025 for c/o swelling in both lower limbs vide OPD Slip UHID No:20250142351 Dated:02-06-2025. The concerned specialist has examined & evaluated the inmate & advised to continue the same treatment.
The above inmate was again referred to GIMS Hospital Kalaburagi on 10-06-2025 for c/o high grade fever not responding to conservative treatment. The inmate was admitted in Prison Ward (Medicine B Unit) in GIMS Hospital Vide In Patient No:202523034. The inmate was diagnosed as k/c/o Hypertension with Diabetes Mellitus with Chronic Kidney disease with Viral fever and was treated accordingly from 10-06-2025 to 13-06-2025.
The above inmate was referred to GIMS Hospital Kalaburagi on 02-07-2025 for c/o loose motions & vomiting not responding to conservative treatment vide OPD Slip UHID No:20250173726 Dated:02-07-2025. The concerned specialist has -9- NC: 2026:KHC-K:631 CRL.P No. 201434 of 2025 HC-KAR examined & evaluated the inmate & treated symptomatically.
The above inmate was referred to GIMS Hospital Kalaburagi on 18-07-2025 for c/o back ache & chest pain not responding to symptomatic treatment vide OPD Slip UHID No 20250191602 Dated: 18-07-2025. The concerned specialist has examined & evaluated the inmate & treated conservatively.
The above inmate was referred to GIMS Hospital Kalaburagi on 20-08-2025 for follow up vide OPD Slip UHID No. 20250226032 Dated 20-08-2025. The concerned specialist has examined & evaluated the inmate & advised to continue the same treatment.
The above inmate was referred to GIMS Hospital Kalaburagi on 21-08-2025 for c/o lower bachache vide OPD Slip UHID No:20250226958 Dated 21-08-2025. The concerned specialist has examined & evaluated the inmate & advised to continue the same treatment & Nephrologist opinion.
The above inmate was referred to GIMS Hospital Kalaburagi on 03-09-2025 for follow up at Nephrologist vide OPD Slip UHID No:20250240603 Dated:03-09-2025. The concerned specialist has examined & evaluated the inmate & advised conservative treatment.
The above inmate was referred to GIMS Hospital Kalaburagi on 20-09-2025 for c/o lower chest pain with giddiness vide OPD Slip UHID No:20250260189 Dated 20-09-2025. The concerned specialist has examined & evaluated the inmate & advised symptomatic treatment The above inmate was referred to GIMS Hospital Kalaburagi on 29-12-2025 for c/o follow up
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NC: 2026:KHC-K:631 CRL.P No. 201434 of 2025 HC-KAR vide OPD Slip UHID No:20250359384 Dated 29-12- 2025. The concerned specialist has examined & evaluated the inmate & advised to continue the same treatment.
Again the inmate was referred to GIMS Hospital Kalaburagi on 12/01/2026 for c/o pain abdomen not responding to conservative treatment. The inmate was admitted in prison ward under Medicine A Unit from 12/01/2026 to 20/01/2026 vide Inpatient No:20261580. The inmate was examined & investigated & diagnosed as 1) Cholelithiasis, 2) Diabetic Kidney Disease with Diabetic Neuropathy (Grade I), 3) Hypertension with Hypertensive Retinopathy, 4) Folliculitis, 5) Old Pulmonary Tuberculosis. The inmate was treated conservatively & discharged on 20/01/2026. The inmate is on regular medication. This is for your kind information & needful action."
4. On perusal of these medical reports, it is evident that the petitioner is suffering from 1) Cholelithiasis, 2) Diabetic Kidney Disease with Diabetic Neuropathy (Grade I), 3) Hypertension with Hypertensive Retinopathy, 4) Folliculitis, 5) Old Pulmonary Tuberculosis and the inmate was treated conservatively and he is required regular medication. It is submitted by the learned counsel for the petitioner that if the petitioner is enlarged on bail for a limited period, the petitioner intend to
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NC: 2026:KHC-K:631 CRL.P No. 201434 of 2025 HC-KAR undergo surgery for kidney disease in a Hospital at Bengaluru. Accordingly, he prays to enlarge the petitioner on bail on medical ground for a limited period.
5. Per contra, learned Deputy Solicitor General of India appearing for the respondent submitted that the petitioner is involved in a heinous offences under the provisions of NDPS Act and he had medication in the Hospital at Central Prison, Kalaburagi and also under treatment at GIMS Hospital, Kalaburagi. In such circumstance, he prays to reject the prayer.
6. I have given my anxious consideration both on the submission made by the learned counsel for the respective parties and perused the documents made available on record.
7. As stated supra, a perusal of the medical report, the petitioner is suffering from serious ailments, and if this persists, there is a threat to his life.
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8. The Hon'ble Supreme Court in the case of ParmanandKatara vs. Union of India reported in (1989) 4 SCC 286, in paragraph No.7, has observed as follows:-
"7. There can be no second opinion that preservation of human life is of paramount importance. That is so on account of the fact that once life is lost, the status quo ante cannot be restored as resurrection is beyond the capacity of man. The patient whether he be an innocent person or be a criminal liable to punishment under the laws of the society, it is the obligation of those who are in charge of the health of the community to preserve life so that the innocent may be protected and the guilty may be punished. Social laws do not contemplate death by negligence to tantamount to legal punishment."
9. Further, the Hon'ble Supreme Court in the case of Inhuman Conditions in 1382 Prisons, In re, reported in (2017) 10 SCC 658, at paragraph Nos.34 and 58.8, has observed as follows:-
"34. Adverting to the Nelson Mandela Rules, the learned Attorney General also expressed the view that the State Governments have several development priorities and while they will certainly look after the interests of prisoners, there are other issues that might require greater attention and greater financial commitment. While this may be so, we are clearly of the view that Article 21 of the Constitution cannot be put on the back-burner and as mentioned in the Mandela Rules even prisoners are entitled to live a life of dignity.
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NC: 2026:KHC-K:631 CRL.P No. 201434 of 2025 HC-KAR Therefore, no State Government can shirk its duties and responsibilities for providing better facilities to prisoners. If a State Government is unable to do so, it should be far more circumspect in arresting and detaining persons, particularly undertrial prisoners who constitute the vast majority of those in judicial custody. The State Governments and the prosecution do not have to oppose every bail application nor do they have to ask for the remand of every suspect pending investigation. If the fundamental right to life and liberty postulated by Article 21 of the Constitution is to be given its true meaning, the Central Government and the State Governments must accept reality and not proceed on the basis that prisoners can be treated as chattel.
*** 58.8. Providing medical assistance and facilities to inmates in prisons needs no reaffirmation. The right to health is undoubtedly a human right and all State Governments should concentrate on making this a reality for all, including prisoners. The experiences in Karnataka, West Bengal and Delhi to the effect that medical facilities in prisons do not meet minimum standards of care is an indication that the human right to health is not given adequate importance in prisons and that may also be one of the causes of unnatural deaths in prisons. The State Governments are directed to study the availability of medical assistance to prisoners and take remedial steps wherever necessary."
10. On perusal of the findings of the Hon'ble Supreme Court in the above judgments, the accused can be granted interim bail or regular bail on medical grounds
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NC: 2026:KHC-K:631 CRL.P No. 201434 of 2025 HC-KAR only after it is found that the proposed medical treatment is available in the Jail Hospital. In the instant case, it is not in dispute that petitioner is continuously taking treatment at GIMS Hospital, Kalaburagi and such advance treatment is not available in the Central Prison as per the medical report.
11. I have given my anxious consideration both on the medical reports submitted by the Jail Authority. On perusal of the same it could be gathered that there is life threat to the petitioner, if the present medical condition of the petitioner continues for a quite long time. Further, it is evident that, if a surgery undergone by the petitioner, there is a ray of hope of his survival. In such circumstance, as held by the Hon'ble Apex Court in the above judgment, I am of the considered view that the petitioner's request for interim bail in order to undergo surgery in a private hospital of his choice needs to be granted.
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12. Accordingly, the petition is allowed.
13. The petitioner/accused No.3 is directed to be released on interim bail only for a limited period of three months from the date of his release in NCB Crime No.48/01/05/2024/BZU, District Bidar, registered by the Union of India Narcotic Control Bureau, Bangalore Zonal Unit for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(C), 25, 27A, 28 and 29 of NDPS Act, 1985 pending in Special Case No.1541/2024 on the file of Principal District and Sessions Judge, Bidar, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) Petitioner is at liberty to get himself operated and treated in a Hospital of his choice at Bengaluru and he shall report the same to the respondent - Police and also the Jail Authorities.
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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) Petitioner shall produce all the relevant treatment papers before the Trial Court.
e) Petitioner shall surrender his passport, if any, before the Trial Court.
f) Petitioner shall surrender before the Trial Court immediately after expiry of three months.
g) Petitioner shall not leave the State of Karnataka.
Sd/-
(RAJESH RAI K) JUDGE SWK List No.: 1 Sl No.: 11 CT-RJ