The court affirmed the necessity of providing adequate medical treatment to undertrial prisoners, emphasizing the importance of their health and human rights under custody.

ORDER:

The application is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (in short ‘ BNSS ’) seeking to enlarge the petitioner on bail in Cril.P.No.5717 of 2025 in C.C.No.253 of 2024 on the file of the learned II Additional Judicial Magistrate of First Class, Nuzvid, arising out of Crime No.208 of 2019 registered for the offences under Sections 420, 467, 468, 471, 472, 171(E), 120(B) of the Indian Penal Code; 1860 by the XY Hanuman Junction Police Station, Krishna District. While the petition is pending, |.A.No.1 of 2025 was filed by the petitioner seeking to release the petitioner on interim bail on medical grounds and also to enable to undergo appropriate medical treatment and post-treatment monitoring under the supervision of his personal and family doctors and to report the course of treatment to this Court periodically or at the very least direct the Jail Authorities concerned to immediately transfer the petitioner to a hospital as advised by his personal doctors for necessary medical care, treatment and medication to the petitioner who is arrayed as Accused No.10 in the case.

2. Mr. S. Sriram, the learned Senior Counsel appearing for the petitioner submits by filing a memo along with the documents that the petitioner has been in the Judicial custody for the past more than 110 days and he was implicated in more than 10 cases, one after the other, by way of filing PT warrants; and his weight is reduced by 20 Kgs drastically and his gait has also been affected. It is further submitted that the learned Single Judge of this Court has granted a pre-arrest bail to the petitioner in the similar circumstances. It is further submitted that the petitioner has complained to the hospital authorities whenever he was produced at the behest of the learned Judicial Magistrate or the learned Special Judge that he has been suffering from severe breathlessness, violent vomiting, and critically low oxygensaturation'(SpO2) accompanied by low blood pressure. It is submitted that the Jail Authorities has supplied all medical reports of the petitioner on 28.05.2025. Therefore, the petitioner prays the leave of this Court to file the medical certificates for perusal of the same. A bunch of medical reports are filed. The observation of the doctors concerned on 15.05.2025 is the petitioner was advised to undergo EEG, MRI Brain and Epilepsy Protocol based on the complaints given by the petitioner about his health condition to the doctors.

3. Similarly, on 20.05.2025 also, as seen from the report of the Government General Hospital, Vijayawada, the petitioner was advised to continue CPAP Ventilation; inhales usage and he was suggested ae some tablets; and he was advised to review with the sleep study report. Dr.K.Sirisha, Assistant Professor, GGH, Vijayawada, opined on 20.05.2025 that the petitioner shall be studied a sleep test which is not available at GGH, Vijayawada and the petitioner could be referred to centre of their choice with an available sleep lab. Another Doctor/Civil Assistant Surgeon, on 20.05.2025 opined that, for taking opinion from Pulmonologist, the petitioner was advised to undergo sleep study and he was also advised for referring to Neurologist for certain diagnosis; E.E.G and M.R.I with Epilepsy Protocol. While relying on the above medical records, the learned Senior Counsel for the patiionet urges this Court to refer the petitioner to any Corporate Hospital where necessary medical treatment would be provided for securing the good health of the petitioner.

4. Sri Posani Venkateswarulu, the learned Senior Counsel for the respondent-State has also produced medical records p