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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.
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JUDGE
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