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Renukaswamy Murder Case | Karnataka HC Reserves Order On Interim Bail Sought By Actor Darshan On Medical Grounds
Mustafa Plumber
29 Oct 2024 4:42 PM IST
The Karnataka High Court on Tuesday reserved its order on an application filed by Kannada Actor Darshan Thoogudeep Srinivas seeking interim bail on medical grounds to undergo spine surgery. Darshan has been held in custody as an accused in the Renukaswamy murder case.A single judge bench of Justice S Vishwajith Shetty said “I will pass order on the application seeking interim bail...
The Karnataka High Court on Tuesday reserved its order on an application filed by Kannada Actor Darshan Thoogudeep Srinivas seeking interim bail on medical grounds to undergo spine surgery. Darshan has been held in custody as an accused in the Renukaswamy murder case.
A single judge bench of Justice S Vishwajith Shetty said “I will pass order on the application seeking interim bail tomorrow.”
During the hearing, the court suggested to the petitioner that a second opinion by doctors could be done at a government hospital in Bengaluru instead of seeking a report from a private hospital. The petitioner need not be admitted only to a Mysore hospital as sought by the actor.
Senior Advocate C V Nagesh appearing for the petitioner replied, “I am ultimately going to take treatment at Mysore. I am suffering from it (spine ailment) and it is for me and the doctor to decide. I can't squat, lift weights or walk.” He even raised security concerns if brought to Bengaluru and urged that since witnesses in the case are from Bengaluru he would take treatment in Mysore from where hails.
Nagesh, referred to the medical report submitted by the Government hospital in Bellary and submitted that “Surgical Treatment cannot be taken in Bellary milords. The question is whether I should take treatment in the government hospital or be permitted to take in a hospital of my choice.”
He added “The prosecution cannot ask me to take treatment at a particular place or a particular hospital. It is open to me to take treatment from a doctor in whom I explicitly have trust in at my cost, not at the cost of the state exchequer.”
It was stated that the medical report has indicated that Darshan may have to face disastrous consequences if he does not undergo treatment as suggested by the doctors. He sought interim bail for 30 days initially in order to get himself examined by doctors at Apollo Hospital in Mysore.
Special Public Prosecutor Prasanna Kumar opposed the same by saying that doctors' opinion says treatment (surgery) is not required immediately.
To which the court opined “Once health is lost it cannot be recovered. Do you expect that it will deteriorate so much then treatment be provided. Health of every prisoner, be it even an undertrial, is important.”
He urged the court to refer the petitioner to a medical board comprising of experts. Kumar said “Patients should be referred to a medical board either in Victoria or Bowring hospital in Bengaluru. Let him be brought to Bengaluru from Bellary prison.”
Pointing out that nothing is stated in the application seeking interim bail about details of medical treatment which would be given to the petitioner. He said “Ultimately the requirement of bail is for undergoing treatment. Let the medical board say about the particulars of treatment. He cannot be released for an indefinite period.”
Following which the court reserved its order.
Case Title: Darshan v. State of Karnataka
Case No: CRL.P 11096/2024
Appearance: Senior Advocate C V Nagesh for Advocate Sunil Kumar S for Petitioner.
SPP Prasanna Kumar for respondent.