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Judgment
S Vishwajith Shetty, J
Accused No.1 in Spl.C.C.No.217/2025 pending before the Court of Principal City Civil & Sessions Judge, Bengaluru arising out of ECIR/BGZO/30/2024 registered by the respondent for the offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (for short, 'PML Act') is before this Court under Section 483 of BNS, 2023 seeking regular bail.
It is the case of the prosecution that the petitioner is an accused in Crime No.3/2023 registered by Cyber Crime Police Station, CID, Bengaluru, Crime No.4/2023 registered by Cyber Crime Police Station, CID, Bengaluru City and Crime No.37/2024 registered by Panchkula Police Station, Haryana State and the proceeds of crime of the aforesaid criminal cases have been utilized directly or indirectly by the petitioner for the purpose of obtaining or deriving property and it is in this background FIR in ECIR/BGZO/30/2024 was registered against the petitioner and 16 others for the offence punishable under Section 4 of the PML Act and in the said case the petitioner was arrested on 18.11.2024 and subsequently remanded to judicial custody.
After completing investigation, a complaint has been already filed before the jurisdictional Court. The bail application filed by the petitioner before the Trial Court in Spl.C.C.No.217/2025 was rejected on 02.05.2025. Therefore, he is before this Court.
Learned Senior Counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that, in addition to merits of the case, the petitioner has also made out medical grounds to enlarge him on bail. He submits that, the petitioner is a kidney patient and he also suffers from Type II Diabetes Mellitus. He submits that, medical records produced by the respondent clearly makes out a case for grant of bail on medical ground to the petitioner, who is in custody from 18.11.2024.
Per contra, learned counsel for respondent, who has filed his statement of objections has opposed the prayer made by the petitioner for grant of regular bail on the merits of the case. However, he fairly submits that on medical grounds, the prayer made by the petitioner for grant of bail may be considered.
The submissions made on both sides is placed on record.
Medical report of the petitioner has been produced by the learned counsel for the respondent. A perusal of the same would go to show that, the petitioner is suffering from Type II Diabetes Mellitus and he also has undergone operation and his right kidney has been removed. His medical records would go to show that, after he was arrested in the present case, he has been undergoing treatment for his ailment regularly. He was also referred to a Nephrologist in Institute of Nephrourology Hospital, Bengaluru on the complaint of abdomen pain.
The CMO, who has forwarded medical reports of the petitioner has opined that the petitioner is suffering from "Type-II Diabetes Mellitus, persistent Hematuria, status post Right Nephrectomy, Left Polycystic Kidney Disease, Non obstructing Left Nephrolithiasis"
Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively on medical grounds.
Accordingly, the following:
ORDER
Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in Spl.C.C.No.217/2025 pending before the Court of Principal City Civil & Sessions Judge, Bengaluru arising out of ECIR/BGZO/30/2024 registered by the respondent for the offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002, subject to the following conditions:
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;