Criminal Petition No. 11442 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:14908 CRL.P No. 11442 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No.11442 OF 2024 BETWEEN: 1. MALLANDA N SUBRAMANI MENTIONED AS MALLANDA N SUBRAMANI @ RAJAMANI S/O LATE M K NANJAPPA AGED ABOUT 61 YEARS, R/AT CHEENIVADA, BEGURU VILLAGE AND POST, PONNAMPET TALUK KODAGU-571 216 (BY SRI NISHIT KUMAR SHETTY, ADVOCATE) …PETITIONER Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA AND: 1. STATE OF KARNATAKA
Facts
BY SHO, PONNAMPET POLICE STATION, KODAGU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE-560 001
Legal Reasoning
and 25 of the Indian Arms Act, 1959, is before this Court in this petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail. - 3 - NC: 2025:KHC:14908 CRL.P No. 11442 of 2024 2. 3. Heard the learned counsel for the parties. FIR in Crime No.41/2024 was registered by Ponnampet Police, Kodagu, against the petitioner initially for the offence punishable under Sections 302 and 307 of the Indian Penal Code and Sections 3 and 25 of the Indian Arms Act, 1959, based on the first information received on 30.03.2024 from Nethra M.P. wife of deceased Prakash M.N. 4. During the course of investigation of the case, petitioner was arrested on 31.03.2024 and subsequently remanded to judicial custody. Investigation of the case was completed and charge sheet has been filed. Petitioner has been arrayed as accused No.1 in the charge sheet. His bail application filed before the Sessions Court in Crl.Misc.No.5174/2024 was rejected on 18.09.2024. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that his bail application is filed on medical grounds and petitioner is diagnosed with Stage IV Metastatic Prostate Cancer. This Court considering the medical records of the petitioner that was produced by the learned High Court Government Pleader, has granted interim bail to the petitioner on medical grounds, on - 4 - NC: 2025:KHC:14908 CRL.P No. 11442 of 2024 23.11.2024. Thereafter, petitioner has undergone treatment for his ailment and he also has undergone surgery. Petitioner is at present undergoing chemotherapy in Yenepoya Nursing Home, Mangaluru. Accordingly, sought to allow the petition. 6. Per contra, learned High Court Government Pleader and learned counsel for the defacto complainant who have opposed the bail application on merits of the case, do not dispute the medical condition of the petitioner. 7. Learned High Court Government Pleader who was directed to secure the medical report of the petitioner on 23.11.2024 had brought to the notice of the Court that petitioner who was medically examined by specialized doctors was found to be suffering from Prostate and Hernia problem and the doctors who had medically examined the petitioner had opined that surgical intervention for Prostate and Hernia is necessary. Considering the petitioner’s health condition and past medical history, cardialogists have given opinion that risk is involved during surgery because of his cardiac issues. The doctor had also advised treatment of the petitioner in a hospital where all required doctors including cardiologists, diabetologists - 5 - NC: 2025:KHC:14908 CRL.P No. 11442 of 2024 and surgeons are available under one roof for comprehensive care and coordination. Considering the aforesaid submission made by learned High Court Government Pleader, this Court had granted interim bail to the petitioner on medical grounds by Order dated 23.11.2024. 8. Learned counsel for the petitioner has thereafter produced medical records of the petitioner which would prima facie go to show that petitioner was diagonized of suffering with Stage IV Metastatic Prostate Cancer and the medical certificate issued by Yenepoya Nursing Home, Mangaluru, shows that petitioner is under the care of Dr.Amar Rao. In the said certificate, it is mentioned that the next phase of the treatment will consist of hormonal therapy and radiation therapy and effectiveness of the treatment will depend on the patient’s body resistance. The medical records of the petitioner would also go to show that on 12.02.2025, petitioner has undergone Bilateral Orchiectomy procedure at Yenepoya Nursing Home, Mangaluru. 9. Considering the medical records of the petitioner, which would prima facie go to show that petitioner is suffering from Stage IV Metastatic Prostate Cancer and he has been advised - 6 - NC: 2025:KHC:14908 CRL.P No. 11442 of 2024 by the doctors to undergo hormonal therapy and radiation therapy. I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively, without reference to merits and demerits of the case. 10. Accordingly, the following:
Arguments
2. SMT.NETHRA.M.P W/O PRAKASH.M.N AGED ABOUT 47 YEARS RESIDING AT ARUVATHOKLU ARUVATHOKLU, VIRAJPET KODAGU DISTRICT- 571 213 3. MALLANDA P. DYAN DEVAIAH S/O PRAKASH M.N - 2 - NC: 2025:KHC:14908 CRL.P No. 11442 of 2024 AGED ABOUT 47 YEARS R/AT ARUVATHOKLU ARUVATHOKLU, VIRAJPET KODAGU DISTRICT-571 213 …RESPONDENTS (BY SRI K.NAGESHWARAPPA, HCGP FOR R1; SRI MOHAN CHANDRA.P, ADVOCATE FOR R2 AND R3) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.5028/2024 (CR.NO.41/2024) OF PONNAMPET POLICE STATION, KODAGU REGISTERED AGAINST HIM FOR THE OFFENCE PUNISHABLE UNDER SECTION 302, 307, 341, 504, 201, 114, 34 OF IPC AND SECTION 3, 25 OF INDIAN ARMS ACT, 1959, PENDING ON THE FILE OF II ADDL. DIST. AND SESSIONS JUDGE, KODAGU-MADIKERI SITTING AT VIRAJPET. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.5028/2024 pending on the file of the II Addl. District and Sessions Judge, Kodagu-Madikeri, sitting at Virajpet, arising out of Crime No.41/2024 registered by Ponnampet Police Station, Gonikoppa Circle, Kodagu, for the offences punishable under Sections 302, 307, 341, 504, 201, 114 r/w Section 34 of the Indian Penal Code and Sections 3
Decision
ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail S.C.No.5028/2024 pending on the file of the II Addl. District and Sessions Judge, Kodagu-Madikeri, sitting at Virajpet, arising out of Crime No.41/2024 registered by Ponnampet Police Station, Gonikoppa Circle, Kodagu, for the offences punishable under Sections 302, 307 r/w Section 34 of the Indian Penal Code and Sections 3 and 25 of the Indian Arms Act, 1959, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - NC: 2025:KHC:14908 CRL.P No. 11442 of 2024 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; Taking note of the health condition of the petitioner, the Trial Court is directed to dispose of the matter expeditiously. Sd/- (S VISHWAJITH SHETTY) JUDGE kcm List No.: 1 Sl No.: 43