Mahesh vs The State Of Karnataka And Anr
2022 Latest Caselaw 9666 Kant

Citation : 2022 Latest Caselaw 9666 Kant
Judgement Date : 27 June, 2022

Karnataka High Court

Mahesh vs The State Of Karnataka And Anr on 27 June, 2022

Bench: M G Uma

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            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

         DATED THIS THE 27TH DAY OF JUNE, 2022

                          BEFORE

           THE HON'BLE MRS.JUSTICE M.G. UMA

          CRIMINAL APPEAL NO.200055/2022
Between:

Mahesh S/o Dyavappa Doddamani,
Age: 22 years, Occ: Coolie,
R/o Naribol Village, Tq: Jewargi,
Dist: Kalaburagi.
                                              ... Appellant
(By Sri. Mahantesh H.Desai, Advocate)

And:

1.     The State of Karnataka
       Through Jewargi P.S.
       Tq: Jewargi, Dist: Kalaburagi
       Represented by Addl. SPP
       High Court of Karnataka,
       Kalaburagi Bench-585107.

2.     Devki W/o Baburaya Babagol,
       Age: 45 Years, Occ: House wife,
       R/o Naribol, Tq: Jewargi,
       Dist: Kalaburagi.
                                            ... Respondents
(By Sri. Gururaj V.Hasilkar, HCGP for R1;
 R2 is served)

     This Criminal Appeal is filed under Section 14(A) of
SC/ST Act, praying to allow the appeal and release the
accused/appellant on bail in Crime No.107/2020 of Jewargi
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P.S. pending before the II-Addl. District and Sessions
Judge at Kalaburagi in Spl. Case POSCO No.56/2020.

      This appeal coming on for Admission this day, the
Court delivered the following:

                     JUDGMENT

The appellant being sole accused is before this Court

seeking grant of bail under Section 14(A) of Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 (for short 'SC/ST (PA) Act'), in Crime No.107/2020 of

Jewargi Police Station, pending before II-Additional District

and Sessions Judge at Kalaburagi in Special Case POSCO

No.56/2020 registered for the offences punishable under

Sections 376(2)(n) of the Indian Penal Code (for short

'IPC'), along with Sections 4, 6 and 12 of Protection of

Children from Sexual Offences Act (for short 'POCSO' Act),

and sections 3(1)(r), 3(w)(s)(i) 2(v) of SC/ST (PA) Act, on

the basis of first information lodged by the informant-

Bhagyashree.

2. Heard Sri Mahantesh H. Desai, learned

Counsel for the appellant and Sri Gururaj V.Hasilkar,

learned High Court Government Pleader for the

respondent-State. Perused the materials on record.

3. Learned Counsel for the appellant submitted

that the appellant is the sole accused. He has not

committed any offence as alleged against him. He has

been falsely implicated in the case without any basis.

Earlier the appellant had approached this Court by filing

Criminal Petition No.200915/2020, seeking release him on

bail. However, said petition came to be dismissed vide

order dated 27.11.2020. Learned counsel submits that the

appellant is suffering from severe back pain. He underwent

surgery and in spite of that, he has not been recovered.

Therefore, on medical grounds, the appellant is required to

be enlarged on bail, at least for a limited period.

Accordingly, he prays for allowing the appeal.

4. Per contra, learned High Court Government

Pleader opposing the appeal submitted that appeal filed by

the appellant seeking grant of bail was rejected on merits.

No medical records were produced before the Court to

seek release on medical grounds. Learned High Court

Government Pleader produced the report of the Chief

Medical Officer, Central Prison Hospital, Kalaburagi and

prays for dismissal of the petition.

5. In view of the rival contentions urged by the

learned counsel for both the parties, the point that would

arise for my consideration is:

"Whether the appellant is entitled for grant of bail on medical ground?"

My answer to the above point is in 'Negative' for the

following:

REASONS

6. The report of the Chief Medical Officer,

Central Prison Hospital, Kalaburagi reads as under:

"Pertaining to the above subject and reference Mahesh S/o Devanna (Dyavappa) Doddamani aged about 22 years is an under trial prisoner (UTP-No.14118) in this prison since 16.06.2020.

Said prisoner was suffering from back ache due to swelling over the back, a Cyst over left lower back. On referring to the GIMS Hospital Kalaburagi, he was admitted on 25.03.2021 for investigations & treatment, for his swelling over the back of trunk-vide IPD No.20217202.

Treating specialist after investigations diagnosed him as suffering from Sebaceous Cyst. Initiated conservative treatment and advised to get the permission for excision of the cyst, and discharged on 31.03.2021. Concerned Court II Addl. District & Sessions Court Kalaburagi, has given the permission for surgical treatment Vide- Letter No.DCK/CRL/3942 dated 12.04.2021.

He was admitted in GIMS Hospital, Surgery Department on 14.04.2021 and on operation the cyst is removed, and post operative care was taken and discharged from GIMS Hospital Kalaburagi on 29.04.2021. Vide IPD No.20218878.

He was referred to GIMS Hospital Kalaburagi for follow up and treatment advise for his back ache. He was admitted on 18.09.2021, investigated, treated and discharged on 26.09.2021. Vide IPD No.202121079.

Counselled for frequent back ache complaint and Symptomatic treatment for his back is given on OPD basis in this prison Hospital.

At present he does not have any major health issues apart from his back ache complaint.

However He was sent to GIMS Hospital Kalaburagi, for the opinion of specialists-surgeon & Orthopaedician for evaluation and treatment advise for how low back ache, on 18.06.2022. Vide UHID No.20220126503.

Surgeon of D-Unit in GIMS Hospital Kalaburagi has examined him and advised NIL Surgical intervention & referred to Orthopaedic OPD for the opinion of Orthopaedician for his low backache. He has been evaluated in detail in the Orthopaedic OPD and advised Medications & Physiotherapy for his back muscle strengthening.

Short Wave Diathermy for low back region for 10 minutes is initiated and practicing back exercises as advised by the specialists.

Hence submitting the present health condition/Status of Mahesh S/o Devappa (Dyavappa) Doddamani for the needful action."

(emphasis supplied)

7. The medical report makes it clear that as per

the direction of the trial Court, the appellant had

underwent surgery and he is fully recovered. The report

also states that appellant is counseled and he is getting

necessary medical treatment and follow up treatment as

well. Therefore, I do not find any reason to entertain this

appeal on medical grounds when the earlier appeal is

already dismissed on merits. I do not find any compelling

medical grounds to allow the appeal, since the appellant