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Venkatesh Murthy vs State By Kollegala Rural Police … on 15 September, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15th DAY OF SEPTEMBER, 2018

BEFORE

THE HON’BLE MR.JUSTICE B.A.PATIL

CRIMINAL PETITION NO.4365/2018
BETWEEN :

Venkatesh Murthy
S/o Mari Shetty
Aged about 31 years
R/at. Nagavalli Village
Chamarajanagar Taluk and District.
… Petitioner
(By Sri H.B. Rudresh, Advocate)

AND :

State by Kollegala Rural Police Station
Kollegala.
Represented by Public prosecutor.
… Respondent
(By Sri K.P. Yoganna, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.27/2017 (C.C.No.293/2017) of Kollegala Rural Police
Station, Chamarajanagara for the offences punishable
under Sections 498(A), 304(B) and 302 of Indian Penal
Code and Sections 3 and 4 of Dowry Prohibition Act.

This Criminal Petition coming on for orders this day,
the Court made the following:-
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ORDER

The present petition is filed by accused No.1 under

Section 439 of Cr.P.C. praying to release him on bail in

CC.No.293/2017 registered for the offences punishable

under Sections 498A, 304B, 302 of IPC and Sections 3

and 4 of Dowry Prohibition Act.

2. I have heard the learned counsel for the

petitioner and the learned HCGP for the respondent-

State.

3. It is the contention of the learned counsel for the

petitioner that the blood count plates of the petitioner

have been decreased and now it is 5400 L/cumm and

Hemoglobin has also come down. Under such

circumstances, it is very difficult for the petitioner to get

increased the blood counts with the jail food. He further

submitted that liver is very important organ and the liver

of the petitioner has also been affected and in that

regard the petitioner requires special care in the house.
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He further submitted that the body of the petitioner has

been severely affected with infections and already the jail

authorities have admitted the petitioner in District

Hospital, Chamarajanagar and the report submitted in

this behalf also substantiates the said contentions. On

these grounds, he prayed to allow the petition and to

release the petitioner on bail.

4. Per contra, the learned HCGP vehemently argued

and submitted that already the petitioner has been

treated properly by the jail authorities by getting him

admitted in Chamarajanagr District Hospital and the

petitioner only requires admission for correction of

anemic and platelet count. For the purpose of the said

corrective methods, the patient is required to be referred

to K.R.Hospital Mysore and if the jail authorities are

directed to refer the petitioner to K.R.Hospital, then

under such circumstances, it would meet the ends of
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justice. On these grounds, he prayed to dismiss the

petition.

5. I have carefully and cautiously gone through the

contents of the petition and other material produced

along with the petition including the medical report of the

petitioner.

6. By the order dated 3.9.2018, this Court had

directed the learned HCGP to get the report with regard

to the health condition of the petitioner. Accordingly, the

learned HCGP has produced the said report which

indicates that the patient has been got admitted in

Chamarajanagar District Hospital and is being treated.

The only requirement is that the patient is required to be

referred to K.R.Hospital, Mysore for corrective measures

of anemic and platelet counts. Under the facts and

circumstances, when already the petitioner is being

properly attended to by the jail authorities by getting the

best of the treatments to the petitioner and as per the
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report produced by the learned HCGP, if the jail

authorities are directed to get petitioner referred to

K.R.Hospital, Mysore for corrective measures of anemic

and platelet counts, it would meet the ends of justice.

Accordingly, the jail authorities are directed to get

the petitioner-patient to be referred to K.R.Hospital

Mysore, for the aforesaid treatment. With the said

direction, petition stands disposed of.

In view of the disposal of the main petition,

I.A.No.1/2018 stands dismissed as it does not survive for

consideration.

Sd/-

JUDGE

*ck/-

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