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Judgment
S Vishwajith Shetty, J
Accused no.3 in SPl.C.C.No.188/2021 pending before the Court of XXXIV Addl. City Civil & Sessions Judge and Special Judge (NDPS), Bengaluru arising out of Crime No.57/2020 registered by the Seshadripuram Police Station, Bengaluru City for the offences punishable under Sections 20(b)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is before this Court under Section 439 of Cr.P.C.,
Heard the learned counsel appearing for the parties.
This Court on 15.09.2023 after hearing I.A.No.1/2023 filed by the petitioner had granted interim bail to the petitioner subject to conditions so as to enable him to undergo medical treatment for the alleged kidney ailment, which he was suffering. Condition nos.(c) & (d) imposed by this Court while enlarging him on interim bail reads as follows:
"C. The petitioner shall surrender before the Trial Court on expiry of one month from the date of receipt of the copy of this order.
d. Petitioner shall place on record the material documents for having undergone treatment in Manipal Hospital, Bengaluru".
Thereafter, at the request of learned counsel appearing for the petitioner for the purpose of follow-up treatment to the petitioner who had undergone operation on 23.10.2023, interim bail granted to him was extended from time to time.
Learned High Court Government Pleader for respondent-State has produced a copy of the letter issued by the hospital to the Inspector of Police, Seshadripuram Police Station on 28.11.2023 and a perusal of the same would go to show that the petitioner after undergoing surgery in "We Care Hospital", which has issued the letter dated 28.11.2023 was discharged on 24.10.2023. Thereafter, he was attending hospital as an out patient for regular follow-up for dressing. The said hospital has issued a further letter on 04.12.2023 which states that the patient namely Chandrakanth who was treated in the hospital was examined and was found within normal limits and wound condition had gradually improved on regular dressing. It is further stated that the petitioner is now stable and declared fit to perform his normal regular activities.
After the said letter was produced by the learned HCGP, learned counsel for the petitioner had submitted that the petitioner would surrender before the Trial Court as per the conditions imposed by this Court while granting him interim bail. However, till date, he has not surrendered before the Trial Court.
When the matter was listed yesterday before this Court, at the request of learned counsel for the petitioner, matter was adjourned and directed to be re-listed today. Learned counsel for the petitioner submits that he is not in a position to make submission as he is unable to contact the petitioner. This Court on 05.12.2023 after perusing the letter dated 04.12.2023 issued by the hospital had passed the order which reads as follows:
"Learned counsel for the petitioner submits that the petitioner has undergone treatment and post surgery, he has suffered some infection. He submits that by the next date of hearing, the petitioner shall surrender and request the Court for grant of bail.
Interim order to continue till then.
List on 14.12.2023".
However, the petitioner has not complied with aforesaid order. Under the circumstances, I am of the opinion that, the petitioner who has failed to comply the conditions imposed by this Court while granting interim bail does not deserve any sympathy from this Court.
Accordingly, the petition is dismissed. Respondent shall take steps forthwith to arrest the petitioner.