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Judgment
M. Nagaprasanna, J
The petitioner is before this Court seeking the following prayer:
“a) A Writ in the nature of certiorari by quashing of the order of dismissing the application under section 169 of CrPC R/w section 50A and 305 of CrPC and subsequent quashed the order police remand dated 29.06.2024 passed by Hon'ble Learned Prl Civil Judge and JMFC, Doddaballpura at ANNEXURE C passed in Crime no 411/2023 for the offense under section 379, and 413 of IPC pending in the files of Hon'ble Learned Prl Civil judge and JMFC court Doddaballapura, wherein the petitioner is arrayed as accused no.4, in the interest of justice.
b) Pass any other order or direction may be issued as consequential orders, in the interest of justice.”
Heard Sri Jayakumar S. Patil, learned senior counsel for the petitioner and learned Additional State Public Prosecutor for respondent Nos.1 to 3.
This Court had passed a slew of orders and the orders read as follows:
The order dated 02.07.2024:
“Heard the learned counsel appearing for both the parties at length.
Learned Additional SPP is directed to place on record the complete details about the alleged seizer of 91 grams of gold that is made pursuant to the registration of the crime which was for the purpose of recovery of 10 grams of gold.
Learned counsel appearing for the petitioner submits that the petitioner is now in police custody and due to his illness he has been admitted in the Jayadeva Hospital. Therefore, the petitioner shall continue to be in the hospital.
The production of the petitioner in the light of the above said circumstances before the learned magistrate is dispensed with till the next date of hearing, subject to further orders that would be passed by this Court.
List this matter on 04.07.2024 at 4.00 p.m. for further hearing.”
The order dated 04.07.2024:
“List the matter on 08.07.2024 at 4.00 P.M.
Order dated 02.07.2024 shall continue till the next date of hearing.”
The order dated 08.07.2024:
“Learned Addl.SPP on instructions would submit that the condition of the petitioner is stabilized and is fit to be discharged from the hospital.
In that light, learned counsel appearing for the petitioner seeks time to file an application seeking bail before the concerned Court.
In the event the same is filed, the concerned Court shall consider the same on its merit and pass necessary orders in accordance with law.
List the matter on 11.07.2024 at 4.00 p.m. for further hearing.
The order dated 02.07.2024 shall continue till the next date of hearing.”
Learned Additional State Public Prosecutor on instructions and also on verification of the records would submit that the petitioner would no longer required for custodial interrogation and therefore, he would not be required in police custody. He would further add that the petitioner is in police custody and the investigation insofar as the petitioner is concerned is concluded and therefore, he would not be required for further investigation as well unless situation warrants. The situation at present is, pursuant to the orders passed by this Court, the petitioner is in hospital and continues to be in hospital.
Learned senior counsel would submit that an application seeking bail at the hands of the 6th Additional Sessions Judge, Doddaballapur is pending consideration, due to the pendency of the subject petition, the bail petition is not answered.
In that light, the concerned Court shall pass appropriate orders in the bail petition pending before the 6th Additional Sessions Judge, Doddaballapur, in a manner known to law, bearing in mind the observations made in the course of the order, particularly, with regard to the submissions of the learned Additional State Public Prosecutor that the petitioner is not required for custodial interrogation and investigation qua the said accused is now complete.
With the aforesaid observations, the petition stands disposed.
Till the bail petition is considered by the concerned Court, the petitioner is deemed to be in judicial custody, as he is now in hospital due to certain ailments. It is made clear that this order will not mean that the petitioner would not co-operate with the investigation in the case at hand.
Ordered accordingly.