Medical records made available by the learned HCGP relating to the petitioner would indicate that petitioner was admitted to the hospital while in custody and was an inpatient from 07.12.2015 to 21.12.2015, 02.01.2016 to 08.01.2016, 01.04.2016 to 04.04.2016, 27.05.2016 to 31.05.2016, 22.06.2016 to 28.06.2016 and 10.07.2016 to 19.07.2016 with history of chest pain followed by giddiness, general weakness and on all the occasions, Doctor has diagnosed that petitioner is having Ischemic heart disease and Unstable Angina with Diabetes Mellitus. Though petitioner was advised to undergo Coronary angiography during December 2015 and January 2016, itself for reasons best known, his attendants were not willing and petitioner came to be was discharged on their persistent request. While being in hospital for the period 10.07.2016 to 19.07.2016 as inpatient, Doctor had diagnosed that petitioner is suffering from unstable angina with uncontrolled Diabetes Mellitus with Somatisation disorder and was advised medication by a Psychiatrist. For Ischemic heart disease, advise came to be rendered by medical Board as under:
"He is advised strictly to undergo cardiac and diabetic evaluation at higher center at the earliest."
8. In the light of above referred medical condition of the petitioner, this Court is of the considered view that petitioner requires to be granted bail conditionally namely, by imposing stringent conditions so that he would not indulge in similar acts.
IN THE HIGH COURT OF KARNATAKA (DHARWAD BENCH)
Criminal Petition No. 100312/2016
Decided On: 10.08.2016
Annappa Shivappa Halijola
Vs.
The State of Karnataka
Vs.
The State of Karnataka
Hon'ble Judges/Coram:Aravind Kumar, J.
Citation:2016 CRLJ(NOC)331 KAR
1. Petitioner is accused No. 1 in Crime No. 252/2015 registered by Kudachi police station for offences punishable under Sections 143, 147, 323, 448, 504, 506 read with Section 149 IPC and Sections 3(1)(x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and is seeking for being released on bail.
2. Gist of the prosecution case is that: one Mr. Prabhakar Prakash Asode lodged a complaint alleging that on 01.10.2015 when he was carrying his business in pawn shop at about 12.00 noon, petitioner-accused No. 1 visited his shop and demanded for pawn and accordingly, complainant had given pawn to the petitioner and asked for money for having given pawn, for which petitioner abused him in foul language and threatened the complainant of dire consequences if he makes demand for payment. It was further alleged that at about 10.00 p.m. on the same day, complainant went to sleep at his friend's Tailoring shop namely, shop of Sri Dilip Shyamarao Asode and at about 12.00 p.m. in the midnight, accused persons came to his residence and knocked on the door and when brother of complainant opened the door, accused persons enquired whereabouts of the complainant and on being informed that complainant is at Dilip's Tailoring shop, they visited the said shop and complainant opened the door and accused persons started abusing him in foul language by using the name of his caste and assaulted the complainant.
3. I have heard the arguments of learned Advocate appearing for petitioner and learned HCGP appearing for the State.
4. It is the contention of learned Advocate appearing for petitioner that allegations made in the complaint itself would indicate that it is a false complaint lodged against petitioner. He would submit that no injuries were sustained by the complainant and offence alleged is also brought under Section 323 IPC by prosecution and no injuries are found on the complainant and that itself is sufficient to hold that a false complaint has been filed. He would further submit that though incident had taken place during night on 01.10.2015, complaint came to be lodged on the next day and there is delay in lodging the complaint. He would further submit that petitioner is suffering from heart ailment and report of the Belgavi Institute of Medical Sciences, would clearly demonstrate that petitioner is suffering from Ischemic heart disease with Unstable Angina and petitioner is highly diabetic and has been advised to take treatment from Cardiologist and Diabetologist at higher center immediately. On the ground of petitioner requiring medical attention, he prays for petitioner being enlarged on bail. He would also submit that petitioner would abide by any conditions that may be imposed by this Court and as such, he prays for allowing the petition.
5. Per contra, learned HCGP would submit that petitioner is a habitual offender and is a rowdy sheeter involved more than six cases. Hence, he submits that if petitioner is released on bail, he would commit similar offence and prays for rejection of this petition.
6. Having heard the learned Advocates appearing for parties and on perusal of the records, it would indicate that following cases were registered against petitioner.
Cr. No. Police Station Alleged Offences Status 137/2001 Kudachi P.S. 107 Cr. P.C. closed 52/2005 do 324, 341, 504 IPC Acquitted C.C. No. 691/2008 do 143, 147, 148, 452, 307 of IPC Acquitted 8/2011 Filed against one Hawaldar at the instant of Petitioner do 7, 3(1) (d) R/w 13(2) of PC act 1988 One
Hawaldar was convicted111/2011 do 143, 147, 323, 341, 504 and 506 of IPC B- Report filed 420/2013 do 3(1)(X) of SC/ST Act and for other offences. Bail granted Charge sheet filed. 289/2014 do 406, 420 IPC and 4 and 5 of Money lenders Act. Bail granted Charge Sheet not yet filed. 424/2015 do 406, 420, 465, 468, 471 r/w 149 IPC Filed when petitioner was in custody in other case Bail granted 286/2015 do 341, 504, 506 IPC Bail granted 252/2015 do 143, 147, 323, 448, 504, 506 R/w sec. 149 of IPC and Section 3(1)(X) of SC/ST PA Act Present case Charge sheet is filed.
As can be seen from the above tabular column, in respect of Sl. Nos. 1 to 3 petitioner has been acquitted and in respect of Sl. No. 5, 'B' report has been filed and in respect of Sl. Nos. 6 to 9 petitioner has been enlarged on bail.
7. Medical records made available by the learned HCGP relating to the petitioner would indicate that petitioner was admitted to the hospital while in custody and was an inpatient from 07.12.2015 to 21.12.2015, 02.01.2016 to 08.01.2016, 01.04.2016 to 04.04.2016, 27.05.2016 to 31.05.2016, 22.06.2016 to 28.06.2016 and 10.07.2016 to 19.07.2016 with history of chest pain followed by giddiness, general weakness and on all the occasions, Doctor has diagnosed that petitioner is having Ischemic heart disease and Unstable Angina with Diabetes Mellitus. Though petitioner was advised to undergo Coronary angiography during December 2015 and January 2016, itself for reasons best known, his attendants were not willing and petitioner came to be was discharged on their persistent request. While being in hospital for the period 10.07.2016 to 19.07.2016 as inpatient, Doctor had diagnosed that petitioner is suffering from unstable angina with uncontrolled Diabetes Mellitus with Somatisation disorder and was advised medication by a Psychiatrist. For Ischemic heart disease, advise came to be rendered by medical Board as under:
"He is advised strictly to undergo cardiac and diabetic evaluation at higher center at the earliest."
8. In the light of above referred medical condition of the petitioner, this Court is of the considered view that petitioner requires to be granted bail conditionally namely, by imposing stringent conditions so that he would not indulge in similar acts.
9. For the reasons aforestated, I proceed to pass the following:
ORDER"(1) Criminal petition is hereby allowed.
(2) Petitioner is ordered to be enlarged on bail in Crime No. 252/2015 registered by Kudachi police station, on executing a bond for Rs. 1,00,000/- with two independent solvent sureties for the likesum to the satisfaction of the jurisdictional Court and subject to following conditions:
(a) Petitioner shall appear before the Investigating Officer whenever called upon and without fail. In the event of petitioner failing to appear even on a single day without any justifiable cause, prosecution would be at liberty to seek for cancellation of bail.
(b) Petitioner shall not leave the jurisdiction of the Court till conclusion of trial.
(c) Petitioner shall appear before jurisdictional Courts in the pending cases on all the dates of hearing including Crime No. 252/2015.
(d) Petitioner shall not enter the village limits of Morab village till conclusion of trial in Crime No. 252/2015."
In the event of any of the conditions being violated by petitioner, prosecution would be at liberty to seek for cancellation of his bail.
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