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Judgment
M. Nagaprasanna, J
The petitioner is before this Court seeking the following prayer:
“WHEREFORE, it is prayed that this Hon'ble Court may be pleased issue writ of mandamus to consider regular bail petition i.e. Crl Misc 10111/2024 pending in the files of IV addl. Civil and Session Judge at Bangalore Rural (Sitting at Doddaballpura) at ANNEXURE-E, on merit not on the basis of the status of his custody filed in connection of Crime No.411/2023 of Respondent Doddaballapura Rural Rural Police Station, pending on the file of the HON'BLE Prl. Civil Judge (Jr. Dn) & JMFC Court, Doddaballapura, Bangalore Rural Dist. for the alleged offense punishable U/s 379, & 413 of IPC, 1860, wherein petitioner arrayed as accused no 4, in the interest of Justice.”
Heard Sri Jayakumar S. Patil, learned senior counsel for the petitioner and learned Additional State Public Prosecutor for the respondent.
This Court had passed a slew of orders and the orders read as follows:
The order dated 12.07.2024:
“Heard the learned Senior counsel Prof. Ravivarma Kumar along with the learned Senior counsel Sri. Jayakumar. S. Patil,, appearing for the petitioner and the learned Additional SPP Sri.B.N.Jagadeesh, appearing for the respondent.
List this matter on 16.07.2024, in the fresh matters list.
Till such time, all the earlier orders passed, shall continued, to be in subsistence.”
The order dated 18.07.2024:
“Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for the State.
List this matter on 19.07.2024 at 1.00 p.m.
Interim order granted earlier, is extended 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.