VINAYAKUMARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a second successive bail petition filed by the petitioner who is accused No.2. This Court in earlier Crl.P.No.6467/2021 connected with Crl.P.No.7678/2021 permitted to withdraw the petition with liberty to approach this Court after the examination of the eye witnesses. Now the counsel for the petitioner sought for bail on medical ground but This Court directed the jail authority to take the petitioner to the NIMHANS and get the report and the report is received from the jail authority wherein it mentioned that these features are suggestive of stroke involving the right side of the brain. MRI spine showed mild degenerative changes in the cervical and Lumbosacral spine and the opinion of the doctor from NIMHANS is that "he is advised to continue medications and to be under regular follow up at NIMHANS. On perusal of the report it discloses that the doctor has not suggests any surgery or any treatment but only suggests for continue medication and regular follow up at NIMHANS. When such report is received from the doctor, the petitioner seeking the bail on the medical ground saying that he needs to undergo for surgery or treatment as an inpatient, cannot be accepted.

(2.) The counsel for the petitioner also brought to notice of this Court that earlier, this Court granted liberty to the petitioner to approach this Court after examination of the eye witnesses and he submits that PW1 and 2 have been examined and yet to examine the eye witnesses. When such being the circumstances, I do not find any ground to enlarge the petitioner on bail since, the offence invoked against him is Sec. 302 of IPC along with other offences.

(3.) The counsel for the State also submits that the report from the NIMHANS not suggested for any surgery and the only advise is that for continue medication. Having considered the said submission and on perusal of the material on record and this Court has already given the liberty to the petitioner to approach this Court after examination of eye-witnesses, no ground is made out by the petitioner to enlarge him on bail on medical grounds.