Karnataka High Court
Dilip Raj N @ Dileepa vs State By on 11 July, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2023:KHC:23886
CRL.P No. 3965 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 3965 OF 2023
BETWEEN:
DILIP RAJ N @ DILEEPA,
S/O. NATARAJ. P.,
AGED ABOUT 35 YEARS,
RESIDING AT NO.164 A,
BAJANE MANE STREET,
WEAVERS COLONY,
ANEKAL, ANEKAL TALUK,
BANGALORE - 562 106.
Digitally signed ...PETITIONER
by GAYATHRI P
G (BY SRI. C. N. RAJU, ADVOCATE)
Location: High
Court of AND:
Karnataka
STATE BY
KODIHALLI POLICE,
RAMANAGAR,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
AT BANGALORE - 560 001.
...RESPONDENT
(BY SRI. R.D. RENUKARADHYA, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE
CR.NO.108/2021 REGISTERED BY KODIHALLI POLICE
STATION, RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S
120B, 143, 147, 148, 302, 120-B READ WITH 149 OF IPC,
PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JR.DN.)
AND JMFC, COURT AT KANAKAPURA, RAMANAGARA DISTRICT
IN C.C.NO.2011/2021 AND ETC.
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NC: 2023:KHC:23886
CRL.P No. 3965 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the submission of the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State and perused the material on record.
2. Petitioner is arraigned as accused No.10 in the charge sheet filed in connection with Crime No.108/2021 of Kodihalli Police Station.
3. Charge sheet is filed against accused Nos.1 to 17 for the offence punishable under Sections 120-B, 143, 147, 148, 114, 302 read with 149 of IPC.
4. This petition is filed under Section 439 of Cr.P.C. The learned counsel has submitted that the petitioner is seeking bail on medical grounds.
5. It submitted by the learned counsel that the petitioner is suffering from serious health issues and the Doctor has advised that petitioner is required to take treatment at a higher centre. He submits that petitioner is -3- NC: 2023:KHC:23886 CRL.P No. 3965 of 2023 unable to move and he is a dialysis patient and also suffering from gangrene and presently taking treatment in the jail and his health condition is deteriorating.
6. The learned HCGP was directed to secure medical report from the prison authority. Pursuant to the said direction, the learned HCGP has submitted a report dated 01.07.2023 issued by the Chief Medical Officer, Central Prison Hospital, Bengaluru.
7. As per the above report pertaining to the petitioner, it is seen that on 15.06.2019, Renogram was done at HCG (Private Hospital) with reports of Non- perfused and non-functioning right Kidney with no demonstrable parenchyman function, (reported as right gross hydronephrosis). Further, he was diagnosed as dry on wet gangrene of left 3rd toe and 4th toe, thrombosis of Left Posterior and Anterior Tibial Artery, Reduced caliber of right main renal artery with gross hydronephrosis of right kidney, acute Coronary Syndrome-Unstable Angina, Peripheral Vascular Disease, blurring Left Costophrenic -4- NC: 2023:KHC:23886 CRL.P No. 3965 of 2023 angle, mild pleural effusion on left side and advised Pulmonology, Cardiology and Cardio Thoracic, absent colour uptake in mid and distal anterior tibial artery and dorsalis pedis artery-suggestive of severe stenosis/occlusion, Ischemic Heart Disease - Inferior Wall Myocardial Infraction. Further, petitioner has undergone Coronary Angiogram on 18.08.2022.
8. The report states that the petitioner is suffering from Ischemic Heart Disease - Peripheral vascular Disease. Trivial Mitral Regurgitation, Acute Coronary Syndrome - Unstable Angina, Non-perfused and non-functioning right Kidney with no demonstrable parenchymal function, Gangrene of left 3rd and 4th toe, Thrombosis of Left Posterior and Anterior Tibial Artery.
9. Petitioner was arrested on 29.08.2021. In view of the above report submitted by the Chief Medical Officer, Central Prison Hospital, Bengaluru, petitioner has made out a case to enlarge him on bail on medical grounds. Hence, without expressing any view on the merits of the -5- NC: 2023:KHC:23886 CRL.P No. 3965 of 2023 case, relief sought by the petitioner can be granted by imposing conditions. Accordingly, the following:
ORDER Petition is allowed.
Petitioner/accused No.10 in Crime No.108/2021 of Kodihalli Police Station, pending in C.C.No.2011/2021 on the fie of the I Additional Civil Judge (Jr.Dn.), JMFC Court, Kanakapura, shall be released on bail subject to following conditions:
a) Petitioner shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with a surety for the likesum to the satisfaction of the jurisdictional Court.
b) Petitioner shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is change in the address.
c) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly.-6-
NC: 2023:KHC:23886 CRL.P No. 3965 of 2023
d) Petitioner shall not misuse the liberty granted to him and shall not involve in any criminal activities.
e) Petitioner shall be regular in
attending the Court proceedings and shall
appear before the trial Court on all dates of hearing without fail, unless exempted for genuine reason.
Sd/-
JUDGE GPG List No.: 1 Sl No.: 21 CT: AVB