IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.650 OF 2019 BETWEEN:
MOHAMMED ALI KHAN @ KUTTI SON OF ANWAR KHAN AGED ABOUT 46 YEARS RESIDENT OF NO.36 CHINNAVENKATACHALAI STREET SATYAMANGALA, ERODE TAMIL NADU-638 401. ... APPELLANT (BY MS. SOFIYA MANSOOR, ADVOCATE FOR SRI. MUZAFFAR AHMED, ADVOCATE) AND:
STATE OF KARNATAKA BY VYALIKAVAL P.S. (BY CCB) REPRESENTED BY PUBLIC PROSECUTOR AT HIGH COURT BUILDING BENGALURU-560 001. ... RESPONDENT (BY SMT. NAMITA MAHESH B.G., HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF THE NATIONAL INVESTIGATION AGENCY ACT PRAYING TO RELEASE THE APPELLANT ON BAIL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 121, 121A, 123, 307, 332, 435, 201 OF THE INDIAN PENAL CODE, 1860 AND SECTIONS 3, 4, 5 AND 6 OF THE INDIAN EXPLOSIVES SUBSTANCES ACT, 1984, AND SECTIONS 3 AND 4 OF THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984 AND SECTIONS 3, 10, 11, 16, 17, 18, 19 AND 20 OF THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967, REGISTERD IN RESPONDENT POLICE STATION, VYALIKAVAL, BENGALURU IN CRIME NO.118 OF 2013, PENDING ON THE FILE OF THE HON’BLE 34TH ADDL. CIVIL AND SESSIONS JUDGE AND PRESIDING OFFICER, SPECIAL COURT, CENTRAL PRISON PREMISES, BENGALURU, IN S.C.NO.381 OF 2015 CONNECTED WITH S.C. NO.1347 OF 2016.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
JUDGMENT This appeal is filed by accused No.18 seeking for grant of bail in relation to Crime No.118 of 2013 on the file of 34th Additional City Civil and Sessions Judge and Presiding Officer, Special Court, Central Prison Premises, Bengaluru, in S.C. No.381 of 2015 connected with S.C. No.1347 of 2016. Accused along with others have been charge-sheeted for the offences punishable under Sections 120B, 121, 121A, 123, 307, 332, 435 and 201 of the Indian Penal Code, 1860 and Sections 3, 4, 5 and 6 of the Indian Explosive Substances Act, 1984, and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 and Sections 3, 10, 11, 16, 17, 18, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967.
2. During the pendency of the trial, an application was filed by the appellant - accused No. 18 under Section 439 of the Criminal Procedure Code, 1973, seeking for grant of bail on medical grounds. He had sought for bail for a period of six months to enable him to go through a heart bypass surgery and thereafter, to enable him to take post operative care for two months. The trial Court, by its order dated 28.03.2019, rejected the application. Hence, this appeal.
3. Ms. Sofiya Mansoor, learned counsel appearing for the appellant submits that bail is sought for on medical grounds and not on merits. That the appellant is having a heart problem. He was referred to Jayadeva Institute of Cardiovascular Sciences and Research (hereinafter referred to as ‘Jayadeva Hospital’, for brevity) on 04.01.2017. The Doctors have treated him on and off. That his blood vessels have been blocked and that he may collapse at any time and may suffer a massive heart attack. That he belongs to the State of Tamil Nadu.
4. The same is opposed by the State on the ground that the appellant was involved in a number of cases involving bomb blasts. That he was possessing incriminating articles for preparation of bombs and explosive materials. That the same was intended to cause damage to human life and to society. So far as the medical ailment is concerned, he has been offered advanced medical treatment at one of the best hospitals in the Country, namely, Jayadeva hospital. Therefore, the plea of the appellant of insufficient medical treatment cannot be accepted.
5. We have considered the contentions of the learned counsels as well as the records.
6. The appellant had also filed Criminal Appeal No.1534 of 2018 before this Court seeking for bail. By the order dated 14.03.2019, Division Bench of this Court on a memo being filed by the appellant, permitted the appellant to withdraw the appeal. Therefore, in fact, this is a second application for bail. Even otherwise, we have considered the contentions on merits that have been advanced.
7. The State have narrated the manner in which the incident took place. That the appellant in the instant case was involved in what is known as “Malleshwaram bomb blast case”. He was one of the 18 accused. That a number of persons were injured and properties were badly damaged. It is also contended that the act was intended to cause a much more serious consequence. However, the same was reduced to the extent as narrated hereinabove. Therefore, there is prima facie case against the appellant. He has further given the list of nine cases in which the appellant was involved. It is further submitted that notwithstanding the merits, medical attention is being provided to him since the year 2017.
8. Under these circumstances, we do not find any good ground to enlarge the appellant on bail. Bail is sought for on medical grounds. He is under treatment by the Doctors at Jayadeva Hospital. Admittedly, Jayadeva Hospital which is one of the finest heart care hospitals in the Country. Therefore, when the appellant is receiving the finest medical treatment, we find no good ground to enlarge him on bail. Bail application i.e., I.A. No.1 of 2019 being devoid of merit is dismissed.
Hence, the Appeal is dismissed.
Sd/- Sd/-
JUDGE JUDGE sma