The court grants temporary bail on medical grounds, emphasizing the need to address health issues alongside the seriousness of charges.

ORAL ORDER

Petitioner who has been arraigned as accused No.3 in Crime No.162/2024 of Malur Police Station, is before this Court with a prayer for bail on medical grounds.

2. Charge sheet has been filed against accused Nos.1 to 3 for the offence punishable under Section 120B, 302, 384 r/w 34 of IPC. It is not in dispute that the charges are framed and trial is in progress before the learned I Additional District and Sessions Judge, Kolar in S.C.No.196/2024.

3. Learned counsel for petitioner would fairly submit that the earlier petition seeking bail preferred by the petitioner in Crl.P No.3057/2025 was dismissed as withdrawn, wherein this Court reserved liberty to renew the bail application after the examination of the eye witnesses. He would also submit that the eye witnesses are yet to be examined. However, he contended that the petitioner is suffering from severe heart ailments and other diseases which requires medication and follow up treatment and considering the medical grounds urged by the petitioner, the trial Court was pleased to enlarge him on bail for a limited period. He submits that the learned Sessions Judge has however, rejected his bail application by an order dated 14.07.2025, without properly considering the medical exigencies.

4. It is submitted that the petitioner has undergone various medical treatments at Narayan Health and Services at Kolar on 10.05.2025 and he was also referred to Nimhans, Bengaluru for various ailments, including pulmonary Artery disease. The medical documents pertaining to the ailment and treatment are furnished separately along with a memo.

5. Learned High Court Government Pleader has contended that there is no such report furnished by any hospital which would require the petitioner to undergo a surgery as contended and the learned Sessions Judge having considered the entire medical records placed, has rejected the bail application, observing that the reports does not speak about any emergent surgery required for the accused. He contended that the charges being serious in nature, petitioner is not entitled for bail, particularly in view of the fact that this Court has directed him to file an application after examination of eye witnesses.

6. I have perused the material on record. The learned Sessions Judge was pleased to release the petitioner on interim bail for a period of one month by an order dated 05.05.2025, directing him to submit medical report for having taken treatment after his release and also directed him to surrender before the Court after the expiry of one month from the date of his release. On 02.06.2025, the petitioner appeared before the Court, on which date an application was filed for extension of the interim bail along with medical reports. Considering the same, the learned Sessions Judge allowed the said application and extended the interim bail for a further period of one month, by an order dated 09.06.2025.

7. It is observed by the learned Sessions Judge that several tests were conducted in different hospitals and therefore, to undergo surgery, petitioner may require some more time. While extending the interim bail, petitioner was directed to submit medical report for having taken treatment after his release.

8. It is submitted by the learned counsel for petitioner that after expiry of one month period extended vide order dated 09.06.2025, petitioner has surrendered before the Court and he has been remanded to judicial custody and by virtue of the rejection of the bail order, he is in custody.

9. A perusal of the medical records furnished by the learned counsel for petitioner, it is seen that after release of the petitioner, he has undergone several medical tests. The grounds urged is that the petitioner has t