NAZEER AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the State.

(2.) This is a successive bail petition filed by the petitioner/accused No.1. Earlier also, this petitioner approached this Court in Crl.P.10072/2021 and this Court vide order dtd. 14/2/2022 rejected the bail petition considering the material on record particularly, the victim died on account of head injury and the statement of eye- witnesses i.e., CW2 to CW4 supports the case of the prosecution. Now, the counsel for the petitioner filed this bail petition on the ground that the petitioner is suffering from age old aliments and he underwent for heart surgery. The Trial Court has considered the said fact and held that the medical documents is pertaining to the years 2017 to 2019 and no documents are produced for the recent period of 2021-2022 to show that he was suffering from any serious illness which entitles him for release on bail. The counsel for the petitioner has produced the copy of the recent medical reports wherein it discloses that the petitioner was admitted to the hospital on 17/6/2023 for general check up and not for any surgery and discharged on 20/6/2023. Hence, the very contention that the petitioner is suffering from heart aliment and has to be enlarged on bail cannot be accepted.

(3.) The other contention of the counsel for the petitioner that CW1 was not appearing before the Court inspite of issuance of NBW in the month of November 2022. In this regard, he has produced the copy of the order sheet which discloses that in the month of February, 2023 once again summons was issued to CW1 even though earlier ordered NBW to CW1 and CW2 and he was not secured before the Court and in the months of April and May, 2023, again NBW was issued to CW1 and CW2 and the case was posted on 6/6/2023. On 6/6/2023, it was ordered that accused not produced from JC and re- issued witness process as ordered earlier. The counsel would vehemently contend that inspite of summons and NBW were issued, the witness was not secured.