Karnataka HC Grants Pre-Arrest Bail To Doctor Accused Of Outraging Patient's Modesty, Says Question Of Medical Practitioner Absconding Does Not Arise

A single judge bench of Justice Rajendra Badamikar allowed the petition filed by MS Ubedulla Khan and granted him anticipatory bail on his executing a personal bond in a sum of Rs.50,000 with one surety for the like-sum. It said,

"The petitioner alleged to be a medical practitioner and the question of him absconding or fleeing away from justice does not arise at all. Further it is submitted that the statement under section 164 of Cr.P.C, of the victim has been already recorded and hence the question of tampering with the prosecution witnesses also does not arise."

The complainant claimed that she was suffering from stomach ache and as such she had approached the petitioner for treatment on three occasions. During the said dates, the petitioner allegedly misbehaved with the complainant by touching her body with different intentions and threatened her not to disclose the same and also kissed her.

Later on, the complainant disclosed the issue to her mother and brothers. The brothers manhandled the petitioner and then approached the Police whereafter a case came to be registered against the petitioner under sections 354(A), 506 and 354 of the IPC.

The bench after hearing the arguments noted that the offence under Section 354(A) of IPC is bailable, while the other two offences are non-bailable one. But however they are triable by a Magistrate.

Following which it held, "Looking to these facts and circumstances, in my considered opinion there is no impediment for admitting the petitioner on anticipatory bail. The other apprehensions raised by the learned HCGP can be meted out by imposing certain conditions. Hence, petition needs to be allowed."

Case Title: . M.S.UBEDULLA KHAN v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 10563 OF 2022

Citation: 2022 LiveLaw (Kar) 488

Date of Order: 24th DAY OF NOVEMBER 2022

Appearance: UDAY PRAKASH MULIYA ADVOCATE FOR KAMALUDDIN ADVOCATE for petitioner; RASHMI JADHAV, HCGP for respondent.