This successive bail petition is filed by the

petitioner/accused No.1 under Section 439 of Cr.P.C.,

for granting bail in Crime No.66/2020 registered by

Hospet Rural Police, Bellary for the offences punishable

under Sections 143, 147, 148, 354, 323, 324, 504, 302

and 149 of Indian Penal Code.

2. Heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

respondent-State.

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3. The case of the prosecution is that, on the

complaint of one Aadamma, the police registered a

case against this petitioner-accused No.1 and five other

accused persons. It is alleged that the petitioner used

to sit on the compound wall and used to pick up

quarrels with the neighbors. When he was quarrelling

with one neighbor, Yellesh, the complainant pacified

the quarrel and advised the petiitoner. On that

background, the petitioner was nurturing enmity with

the complainant. On 09.08.2020 at about 3.30 p.m.,

when the complainant was in the house with her

family, the petitioner, as usual, sat on the compound

wall and started abusing the son of the complainant in

filthy language by asking him to send his mother-the

complainant, and he will pay a sum of Rs.5,000/- or to

send his wife, and he will pay a sum of Rs.1 lakh.

When the same was questioned by the complainant,

the accused came in a group and started dragging her

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hair by holding her neck. At that time, when the

deceased Mallayya came to rescue her, the accused

assaulted the deceased on his head with a wooden club

and caused injuries. The injured was shifted to the

hospital. Initially, a case was registered against the

petitioner and other accused for the offence punishable

under Section 307 of IPC and subsequently, after the

death of the deceased-Mallaiah, it was converted to

Section 302 of IPC. The petitioner was arrested on

11.08.2020 and has been remanded in judicial custody.

The bail petition of the petitioner, which came to be

rejected by this Court on 01.02.2021 and the

successive bail petition, which also came to be rejected

by this Court on 11.08.2021. Now, the petitioner once

again filed the present petition with the additional

ground that he is suffering from liver cancer, as per the

medical report filed by the learned counsel for the

petitioner.

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4. Having heard the arguments and perusing

the records, it is revealed that, of course, this Court

has rejected twice the bail petition of the petitioner, in

the first instance at the crime stage and subsequently

after the filing of the charge sheet. Now, the petitioner

is before this Court mainly on medical grounds. The

Medical Certificate issued by the Senior Specialist,

Government General Hospital, Hospet, reveals the

petitioner is suffering from chronic liver disease and the

treatment record is also produced at Page-132 which

reveals that he is continuously under treatment for

liver disease. The petitioner is in custody for more

than one and half years. He is also suffering from liver

cancer, and he may require special treatment in a

specialised hospital rather than the Government

Hospital. By looking into the facts and circumstances

of the case and the medical ground, I am of the view

that without expressing any opinion on the merits of

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the case and on the medical ground by imposing

certain conditions, if the petitioner/accused No.1

granted bail, no prejudice would be caused to the case

of the prosecution. Hence, I pass the following:

ORDER

The criminal petition is allowed.

The trial Court is directed to release the

petitioner/accused

on

bail

in

Crime

No.66/2020

registered by Hospet Rural Police, Bellary for the

offences punishable under Sections 143, 147, 148,

354, 323, 324, 504, 302 and 149 of Indian Penal Code,

subject to the following conditions:-

i)

Petitioner shall execute personal bond in

a sum of Rs.2,00,000/- (Rupees Two

Lakhs only) with two sureties for likesum

to the satisfaction of the trial Court;

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ii)

Petitioner shall not tamper with the

prosecution

witnesses