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MALLESH v. STATE OF KARNATAKA
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NC: 2024:KHC:2232
CRL.P No. 414 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17THDAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 414 OF 2024
BETWEEN:
1. MALLESH
S/O SAMPANGAPPA,
AGED ABOUT 40 YEARS,
R/AT NO.6TH WARD,
MAHADESHWARA EXTENSION,
THIMMARAYA SWAMY TEMPLE ROAD,
ANEKAL TOWN,
ANEKAL TALUK,
BENGALURU - 562106. …PETITIONER
(BY SRI. M SHASHIDHARA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ANEKAL P.S.
ANEKAL TALUK,
BENGALURU.
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA
AT BENGALURU - 560001 …RESPONDENT
(BY SRI. RAJAT SUBRAMANYA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO
EXTEND THE PERIOD OF BAIL, GRANTED EARLIER UNTIL
DISPOSAL OF THE CASE ON MEDICAL GROUND IN
S.C.NO.5053/2022 ORIGINATED FROM CR.NO.92/2022 OF RESPONDENT ANEKAL POLICE, FOR OFFENCE P/U/S 302, 323
AND 504 OF IPC, WHICH IS PENDING ON THE FILE OF THE
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HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT, SITTING AT ANEKAL.
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Charge sheet is filed against the petitioner in connection with Crime No.92/2022 of Anekal Police Station, for the offence punishable under Section 302, 504 and 323 of IPC.
2. Prayer for bail was initially rejected by this Court in criminal petition No.7680/2022 on merits but considering the medical condition and the medical reports, petitioner was enlarged on bail on medical grounds by an order dated 14.03.2023 in criminal petition No.1130/2023 for a limited period. Further, in criminal petition No.4136/2023 vide order dated 25.07.2023, once again the petitioner was enlarged on bail on medical grounds for a period of six months, subject to conditions. The present petition is filed to extend the period of bail.
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3. The case is pending in S.C.No.5053/2022 on the file of the Court of III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal. Six months bail granted on medical grounds in criminal petition No.4136/2023 expires this month. The learned counsel for petitioner has annexed a medical certificate pertaining to the petitioner, at Annexure-F which reads as under:
'This a to state that Mr.Mallesh.M 40 years old male, K/C/O Chronic Kidney Disease
recent s.crea- 1.29 mg/dl on 27.12.2023,
Dilated cardiomyopathy LVEF -30%,
Systemic Hypertension, Left bundle
Branch block, Diabetes mellitus: Since 6
Months, Focal Segmental
Glomerulosclerosis, Pedal Edema,
polycythemia, S/P Coronary angiogram.
Presented with C/o fatigue and exertional
dyspnea since 3 years. H/o giddiness on and off since 3 months H/o blurring of vision since 1 month. H/o urinary
urgency/frequency/burning micturition with
difficulty in passing urine since 3 months. H/o blood in urine- 2 episodes in 1 year consulted Dr.Sharat Damodar and Dr.Ganesh
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Srinivas Prasad in outpatient department on 30.12.2023
He was advised to undergo for URINE
FOR MICROALBUMIN TO CREATININE
RATIO investigation done on 29-12-2023 but result ratio/values is very high. In view of above condition after Stabilization will plan for CRT-D/ CRT-P Implantation. He required regular follow-up with Cardiology Diabetology, Hematology and Nephrology. Presently he is taking treatment for the same.'
4. In view of the above report and considering the medical condition of the petitioner, the bail granted to him on medical ground in criminal petition No.4136/2023 dated 25.07.2023 is hereby extended by a period of six months from today.
5. Condition No.4 imposed in the above said order is modified and the petitioner is directed to surrender before the Sessions Court on or before the expiry of six
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months from today and on his surrender, the learned Sessions Judge shall remand him to judicial custody.
6. The bail bond already executed by the petitioner shall hold good and all other conditions imposed by this Court shall be intact and shall be complied. Petition is disposed of.
Sd/-
JUDGE
HB/- List No.: 1 Sl No.: 18
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