IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.6795 OF 2017 BETWEEN:
Pavankumar, S/o. Siddappa, Aged about 26 years, R/o. Hosahalli Village, Honnalli Taluk, Davanagere District – 577 004.
(By Sri. Jaya Prakash K.N., Advocate) AND:
…Petitioner The State of Karnataka, Honnalli Police Station, Reptd. By its S.P.P., High Court Building, Bangalore – 560 001. …Respondent (By Sri. S. Vishwamurthy, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.197/2016 of Honnalli Police Station, Davanagere, and S.C.No.74/2017 which is pending on the file of Principal District and Sessions Judge, Davanagere, registered for the offence P/U/S 302, 309 and 109 R/W 34 of IPC.
This criminal petition coming on for Orders, this day, the Court made the following:-
ORDER The petitioner is charge sheeted by respondent- Police in Crime No.197/2016 for the offences punishable under Sections 302, 309 and 109 read with Section 34 of IPC . His previous petition was dismissed on merits. Now he is before this Court on medical grounds.
2. Learned counsel for the petitioner submits that during the incident the petitioner immolated himself, by stabbing with a knife to his stomach. Except suture for the wound, no other treatment was given. That apart, petitioner is suffering from epilepsy, abdominal pain and constipation which requires treatment by specialist. Hospital facility is not available at Sub-jail, Davanagere. Now petitioner is sent to Bangalore for higher treatment. But to provide higher treatment, it requires proper investigation. Petitioner is the only son to his parents. Petitioner’s parents undertake to provide medical treatment at their cost if he is granted bail for a limited period.
4. In the light of the above submission, it is required that petitioner shall move Sessions Court for bail for a limited period to get medical treatment.
5. Petition is rejected. Liberty is reserved to the petitioner to move Sessions Court for bail for a limited period to facilitate his medical treatment In the event of such an application being filed, the trial Court shall consider the same and grant bail for a limited period subject to conditions having regard to the nature of the ailment and period of treatment required.
In view of the disposal of the main petition, IA.No.1/2017 does not survive for consideration. Hence, IA.No.1/2017 is disposed of.
Sd/- JUDGE SB