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NC: 2023:KHC:46368
CRL.P No. 11566 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11566 OF 2023
BETWEEN:
MAHAMAD ZAMEER UDDIN @ ZAMEER S/O MAHAMED CHAND MIYA
AGED ABOUT 29 YEARS
R/AT C/O JAMSHEED BANU
NO.644, KANAKANAGARA
YELCHENAHALLI
NEAR NOORANI MASJID
KANAKAPURA ROAD
J P NAGARA POST
BANGALORE - 560 078
NATIVE OF BORBHAT VILLAGE
PEJPUR CITY, SUNITPUR DISTRICT
ASSAM - 794 001.
…PETITIONER
(BY SRI LETHIF B, ADV.)
AND:
THE STATE OF KARNATAKA
BY JIGANI POLICE STATION
ANEKAL TALUK, BENGALURU
RURAL DISTRICT, REP BY SPP
HIGH COURT BUILDING
BANGALORE - 560 001. …RESPONDENT
(BY SRI RANGASWAMY R, HCGP)
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO RELEASE THE PETITIONER / ACCUSED NO.1 ON BAIL IN S.C.NO.5039/2023 (CR.NO.228/2022) OF JIGANI POLICE STATION, BENGALURU RURAL DISTRICT, FOR THE OFFENCE P/U/S 143, 147, 148, 120B, 396 AND
397 R/W 149 OF IPC, PENDING ON THE FILE OF III ADDITIONAL
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DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT,
SITTING AT ANEKAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This is a successive bail application filed by the petitioner with a prayer to enlarge him on bail on medical grounds in Crime No.228/2022 registered by Jigani Police Station, Bengaluru District for the offence punishable under Sections 302 & 307 of IPC.
2. Heard the learned counsel appearing for the parties.
3. The petitioner had earlier filed Crl.P.No.4372/2023 before this Court which was withdrawn with liberty to file a fresh petition after examination of the injured eye witness - CW2 was complete before the Trial Court. Crl.P.No.4372/2023 was disposed of on 18.08.2023. Thereafter, this successive bail application is filed with a prayer to enlarge the petitioner on bail, on medical grounds.
3. Learned High Court Government Pleader for respondent-State was has directed to secure the medical report of the petitioner who is presently lodged in central prison,
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Bengaluru has produced the medical report of the petitioner issued by the Chief Medical Officer, Central Prison Hospital. On a perusal of the same, it is seen that on 25.10.2023, the petitioner was admitted in Victoria hospital, Bengaluru on the complaint of blood in the sputum and he was discharged on 310.10.2023. He was diagnosed as Hemoptysis and advised medicines. It is stated in the medical report that currently his health condition is normal. Considering the medical report furnished by the learned HCGP, I am of the opinion that at this stage, the petitioner's prayer to enlarge him on bail on medical grounds cannot be granted.
Accordingly, the petition is dismissed with liberty to the petitioner to file a fresh petition, if need arises.
Sd/-
JUDGE
NMS
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