Shiva Kumara @ Bellary Shiva vs State Of Karnataka By on 4 August, 2020

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Karnataka High Court

Shiva Kumara @ Bellary Shiva vs State Of Karnataka By on 4 August, 2020

Bench: John Michael Cunha

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 04TH DAY OF AUGUST, 2020

                             BEFORE

        THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

            CRIMINAL PETITION NO.1489/2020

BETWEEN:

Shiva Kumara
@ Bellary Shiva,
S/o Late Kampayya,
Aged about 31 years,
R/at Doddalahalli Village,
Uyyamballi Hobli,
Kanakapura Taluk,
Ramanagara District.
                                                    ... Petitioner

(By Sri. K. Ram Singh., Advocate)

AND:

State of Karnataka by
Jayaprakash Nagar Police Station,
Bengaluru - 560 078.
Rep. by Government Pleader,
High Court of Karnataka,
Bengaluru - 560001.
                                                 ... Respondent
(By Sri. Thejesh P, HCGP)


      This Criminal Petition is filed under Section 439 of Cr.P.C
praying to enlarge the petitioner on bail in the Cr.No.485/2016
of J.P.Nagar P.S., Bengaluru for the offence punishable under
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Sections 143, 144, 147, 148, 450, 427, 120(B), 302 read with
Section 149 of IPC.

      This Criminal Petition coming on for Orders this day, the
Court made the following through video conference:


                                    ORDER

This is the 3rd bail petition filed under Section 439 of Cr.P.C. Earlier application filed by the petitioner for the very same relief was dismissed by a considered order dated 03.10.2017 in Criminal Petition Nos.2262/2017 c/w. 2263/2017. The subsequent petition was dismissed as withdrawn by order dated 01.06.2018 in Criminal Petition No.10253/2017. Now, the petitioner has sought for an interim bail on the ground that his son aged about 4 years is suffering from congenital heart disease-pulmonary stenosis (severe) with P.F.O severe tricuspid regurgitation and pulmonary hypertension.

2. The Medical Certificate produced along with the petition reads as under;

"This is to certify that Master Thilak s/o Shivakumar aged 4 Yrs is suffering from congenital heart disease-pulmonary stenosis(severe) 3 with P.F.O severe tricuspid regurgitation and pulmonary hypertension. Now he has got breathing difficulty and cough. Review 2D echo show us pulmonary stenosis with severe tricuspid regurgitation and pulmonary hypertension. Patient needs paediatric cardiac surgeon revieu and early surgery to prevent any further serious damage to pulmonary vasculature and right heart and also to life of the child."

3. There is nothing on record to suspect or doubt the reasons assigned by the petitioner. Since the child of the petitioner requires immediate treatment and the petitioner is required to mobilize funds for the treatment of his son, the petitioner deserves to be released only on interim bail. Hence, the following;

ORDER The petitioner is directed to be released on interim bail for a period of two months from the date of his release for the purpose of providing medical treatment to his son - Master Thilak, aged about 4 years.

The petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees Two Lakhs only) with one surety for the likesum to the satisfaction of the Trial Court subject to usual conditions and shall undertake to return to the custody before the expiry of two months from the date of his release. I.A.No.1/2020 is allowed in terms of the above order. In view of allowing I.A.No.1/2020, the main petition stands disposed of.

Sd/-

JUDGE NBM/KA

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