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IN THE HIGH COURT OF KARNATAKA
V. Srishananda, J.
B.M. Krishnegowda - Appellant
Versus
State of Karnataka - Respondent
Criminal Petition No. 5512 of 2022
Decided On : 13-01-2023
Fact of the Case:
The petitioner sought bail under Section 439 of the Cr.P.C. due to serious ill health and weight loss while in prison.Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the petitioner for three months to ensure further stability with regard to his health.Issues:
Petitioner's ill health and weight loss while in prison, request for bail under Section 439 of Cr.P.C.Ratio Decidendi:
The court considered the petitioner's health condition and granted bail under Section 439 of Cr.P.C. for a limited period with specific conditions.Final Decision:
The criminal petition was allowed in part, and the petitioner was directed to be enlarged on bail for three months with specific conditions.JUDGMENT
V.Srishananda, J. - Learned High Court Government Pleader has filed memo enclosing latest Medical Reports.
2. Heard Sri.Shankarappa, learned counsel for petitioner and learned High Court Government Pleader.
3. This Court considering the request of the petitioner for grant of bail under Section 439 of Cr.P.C. earlier and looking at the merits of the matter, was not inclined to grant bail to the petitioner. Later on, petitioner has suffered serious ill health and after evaluation of his health conditions, the prison authorities at Hassan decided to shift him to Victoria Hospital, Bengaluru for treatment. Latest medical reports disclose that his health is no doubt stabilized but he has lost weight to the extent of 13 kgs within a short span of time.
4. Thus, without expressing any opinion on the merits of the matter, in order to have further stability with regard to his health, this Court is inclined to grant bail to the petitioner initially for a period of three months to be re-evaluated later. Accordingly, I pass the following:
ORDER
(i) Criminal Petition is allowed in part.
(ii) The petitioner is directed to be enlarged on bail in C.C.No.125/2022 (Cr.No.66/2021) of Balur Police Station, Chikkamagaluru on obtaining the bond in a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court for a period of three months only.
(iii) Petitioner shall be released after taking the bond, with a specific direction that he shall not misuse the bail order granted by this Court in any manner in threatening the prosecution witnesses and he must take necessary treatment and file report thereof to this Court every month.
(iv) Petitioner shall attend the Court regularly.
(v) The prosecution is at liberty to seek for modification of this order, after lapse of three months, in the event that there is any violation of any one of the condition.
Ordered accordingly.
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The discretion to grant bail lies with the judge, considering the severity of the offence, the presumption of innocence, and the right to speedy trial. Humane treatment of prisoners with ailments is ....
The main legal point established is that a person who is sick or infirm, as defined under Section 45 of the PMLA, may be entitled to seek bail based on their medical condition.
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