IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO. 415 OF 2026 BETWEEN:

P ABDUL KHADAR @

ABDUL KHADAR PUTTURU S/O LATE ISMAIL AGED ABOUT 59 YEARS R/AT NO.9/228A, LOWER BAZAR HOUSE, NEAR THOUHEED SCHOOL, BANTWALA, DAKSHINA KANNADA -574 211.

…APPELLANT (BY SRI. MOHAMMED TAHIR, ADVOCATE)

AND:

THE STATE OF KARNATAKA Digitally BY K. G. HALLI PS, BENGALURU, signed by REP. BY SPECIAL PUBLIC PROSECUTOR, LAKSHMI T Location: ADVOCATE GENERAL OFFICE, High Court HIGH COURT COMPLEX, of Karnataka OPP. TO VIDHANA SOUDHA, BENGALURU -560 001.

…RESPONDENT (BY SRI. PRASANNA KUMAR P., SPL.P.P.)

THIS CRL.A IS FILED U/S 21(4) OF NIA PRAYING TO SET ASIDE THE ORDER DATED 24.01.2026 PASSED BY THE HONBLE XLIX ADDL.CITY CIVIL AND SESSIONS JUDGE (SPECIAL JUDGE FOR TRIAL OF NIA CASES) (CCH 50) BENGALURU IN SPL.C NO.744/2023 AT ANNEXURE-A AND CONSEQUENTLY APPRECIATE THE APPLICATION U/S 439(1)

FILED BY THE APPELLANT AT ANNEXURE-D AND ETC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

This appeal is preferred praying to set aside the order dated 24.01.2026 passed by the Court of XLIX Additional City Civil and Sessions Judge (Special Judge for trial of NIA cases), (CCH-50), Bengaluru, in Spl.C.No.744/2023 and consequently to grant interim bail to the appellant on medical ground, for a period of 60 days.

2. Heard the learned counsel for the appellant and learned Special Public Prosecutor appearing for the respondent.

3. It is submitted by the learned counsel that the appellant was arrested on 23.09.2022 and he is languishing in judicial custody for the past three and a half years and he has developed several age-related ailments due to long incarceration. He is suffering from hypertension and ischemic heart disease and diminished vision in both eyes. The doctor has advised him for a cataract surgery, but surgery was not done due to unavailability of acrysof IQ lens in Minto Hospital. He further submits that the appellant has to take treatment for his heart disease and if proper treatment is not given on time, the health of the appellant will get worse and there are chances of cardiac attack and also losing of both eye vision.

4. The Learned Special Public Prosecutor has opposed the prayer by filing statement of objections. He contented that the Central Prison, Parappana Agrahara, where the appellant is lodged is equipped with sufficient medical facilities and staff to cater to the needs of inmates and provide medical assistance. Further, Government hospitals such as Victoria and Bowring also have specialized wing for treatment of under trial prisoners and the said hospitals are equipped with medical facilities to cater to the needs including surgery. Hence, submitted that the appellant can be treated at the aforementioned Government hospitals.

5. The learned Special Prosecutor further contented that the appellant has been provided with regular medical treatment. He was advised surgery and the same was not done due to non-availability of acrysof IQ lens in Minto hospital and in the event of availability of the said lens, the surgery can be conducted in the said hospital and non-availability of the said lens, would in itself not be a valid ground to seek the relief of interim bail. He has therefore sought to dismiss the appeal.

6. We have perused the medical report pertaining to the appellant and also the reasons assigned by the learned Sessions Judge for rejecting the prayer for bail.

7. As per medical records pertaining to the appellant, issued by the Medical Officer, Central Prison, Bengaluru, appellant is a known case of hypertension and ischemic heart disease on tab, Ecosprin and anti-hypertensive medications. On 26.02.2025, 05.03.2025, 13.03.2025 and 26