JUBEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No .1 under Sec. 439 of Code of Criminal Procedure (for short herein after 'Cr.P.C.') to enlarge the petitioner on bail in Crime No .135/2015 of Hubballi Gokul Road Police Station for the offence punishable under Sec. 379 of Indian Penal Code ( for short 'IPC') and Ss. 86 and 87 of Karnataka Forest Act, 1963 which is pending on the file of V Addl. District and Sessions Judge, Dharwad, sitting at Hubballi.

(2.) It is contended by the learned counsel for the petitioner that the petitioner was granted bail earlier in the said case. But , subsequently, as he was su ffering from appendicitis and arrested in other case and he was taking treatment. Thereafter, he was not able to appear before the Court because of Covid-19 pandemic. Subsequently, he was released on bail in another case. He was in judicial custody in SC .No.183/2017 also. Thereafter, his conviction was suspended by this Court. Thereafter, he was secured through body warrant and produced before the Sessions Court on 31.01 .2022 and as his bail came to be rejected, he has filed this petition.

(3.) Learned counsel for the petitioner has filed a memo along with date of events and also documents to show that he was in judicial custody and was taking treatment on 15.02 .2019 in KIMS Hospital, Hubballi and even from 23/8/2019 also he has taken treatment at KIMS Hospital Hubballi then also he is advised to take bed rest . In the meanwhile, split up case was ordered against him. He was under body warrant in NDPS case and he was ordered to be released on bail by this Court in Crl.P.No .100255/2021. He has produced supporting documents and Court orders.