ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.13 in Crime No.107/2024 registered by Amruthhalli Police Station, Bengaluru City, for the offences punishable under Sections 417, 420, 468 r/w 34 of IPC, is before this Court under Section 438 of the Cr.P.C, seeking anticipatory bail on medical ground.
2. Heard the learned Counsel for the parties.
3. FIR in crime No.107/2024 was registered by Amruthahalli Police Station, Bengaluru City, for the aforesaid offences against Joseph Kumar and 12 others, on the basis of the first information dated 22.04.2024 received from K.Nagaraj s/o Late Kempaiah. The petitioner herein is arrayed as accused No.13 in the FIR. Apprehending arrest in the case, the petitioner had filed bail application before the trial Court in Crl.Misc.No.6802/2024 which was rejected on 17.08.2024. Therefore he is before this Court.
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4. Learned counsel for the petitioner submits that the petitioner is cancer patient, he is undergoing treatment for his ailment in Bangalore Baptist Hospital. The petitioner was admitted in the hospital from 16.10.2024 to 30.10.2024. He also submits that his medical report would go to show that he has a history of vomiting blood and pancreatic diabetics, he also was diagnosed of obstructive jaundice with chronic liver disease. He further submits that proceedings as against accused No.12 has been stayed by the Coordinate bench of this Court in W.P.No.25389/2024. The petitioner has no other criminal antecedents and he is ready to cooperate with the police for the purpose of investigation of the case. Accordingly, he prays to allow the petition.
5. Per contra, Learned HCGP who has opposed the petition on merits of the case, fairly submits that considering the petitioners medical records, on medical grounds the petitioner may be granted anticipatory bail.
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6. Submissions made on both sides is placed on record.
7. The medical report of the petitioner issued by Bangaluru Baptist Hospital would reflect that he was admitted in the said hospital from 16.10.2024 to 30.10.2024. He was diagnosed as severe Anemia and chronic liver disease. He was further diagnosed as chronic calcific pancreatic with pancreatic diabetic. His medical record reflect that he had history of vomiting blood and seizure disorder. History of chronic calcific pancreatics and pancreatic diabetes is also mentioned which would prima facie would go to show that the petitioner is suffering from pancreatic problems.
8. The offences alleged against the petitioner are traible by the Court of Magistrate and the maximum punishment for the said offences is imprisonment of period of 7 years. Considering the medical records of the petitioner and also history of his ailments, I am of the opinion that, prayer made by the petitioner for grant of
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anticipatory bail needs to be answered affirmatively, on medical grounds.
9. Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The Respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of their arrest in Crime No.107/2024 registered by Amruthhalli Police Station, Bengaluru City, for the offences punishable under Sections 417, 420, 468 r/w 34 of IPC, subject to the following conditions:
1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
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3. Petitioner shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioner shall not involve in similar offences in future.
SD/-
(S VISHWAJITH SHETTY)
JUDGE
ASN
List No.: 1 Sl No.: 64