Bhagawant v. State Of Karnataka

K.N Phaneendra, J.:— The petitioner earlier approached this Court and this Court has dismissed, the bail petition on merits in C.C No. 155/2008 for the offence U/Sec. 302 IPC.

2. Subsequently, after some time, once again, he moved before Prl. Sessions Judge, Bijapur, for grant of bail on medical ground in Cri. Misc. No. 212/2016.

3. It is the contention of the petitioner's counsel that petitioner has been from suffering Tuberculosis (TB) and it is not possible for him to take so much of treatment in the jail itself and regularly somebody should be there to take care of him.

4. The learned Session's Judge vide observations at Para No. 10 of his Order has stated that the petitioner has not produced any document to prove the grounds taken up by him on medical grounds and it is observed that necessary treatment will also be given in the jail itself. In my opinion, such observation may not be sufficient to draw an inference that the petitioner is not entitled for bail on medical ground. However, the learned Session's Judge would have delve into the matter and secured the report from the jail authorities or the Doctor who is treating the petitioner in the jail and examine those medical documents and pass appropriate orders in accordance with law.

5. Under the above said circumstances, the counsel for the petitioner or any relative of the petitioner make all efforts to secure the medical documents and produce the same before the Sessions Court and on the other hand the Sessions Judge is also required to direct and call report from the jail authorities and the Doctor who is who is treating the petitioner in the jail and thereafter, after hearing the petitioner, pass appropriate orders on bail petition, if any, filed afresh, by the petitioner in accordance with law.

6. With these observations, giving opportunity to the petitioner to approach learned Sessions Judge once again on medical grounds, this petition is disposed off.