Kannada actor Darshan.
Credit: DH File Photo
Bengaluru: In a big relief for actor Darshan Toogudeep Srinivas, accused no 2 in the Renukaswamy murder case, the Karnataka high court on Wednesday granted him conditional interim bail for six weeks to get operated/treated in a hospital of his choice at Bengaluru for spine issues. Justice S Vishwajith Shetty cited the Satyendar Kumar Jain case wherein the Apex Court held that a citizen has a right to take treatment at his own expense in a private hospital of his choice.
The court has directed the actor to submit a report from the hospital with details of the probable date of surgery, period of admission in the hospital for the proposed treatment and follow-up treatment if any. This report shall be filed within one week from the date of release, the court said. Further, the court has asked the actor to refrain from appearing before the media to give any statement on any issue, including his health condition.
The actor has also been asked to surrender before the trial court immediately after the expiry of the period of interim bail, which would be however subject to further order of the court. The court has directed Darshan to surrender his passport before the trial court forthwith which would be subject to further orders of the high court and also to execute a personal bond for a sum of Rs two lakh with two sureties for the like sum, to the satisfaction of the jurisdictional court.
Darshan had moved the high court after the trial court refused him bail on October 14, holding that there was scientific evidence, in the form of DNA and CDR, which positively establishes his presence at the crime scene. Though initially moved a petition seeking regular bail, Darshan also filed an application for interim bail on medical grounds.
The court noted that the head of the Department of Neurosurgery of a specialized Hospital at Ballari had advised Darshan to undergo an operation. In the medical report, it is also stated that he has partially lost sensation and strength in his feet and danger of him suffering numbness in the feet and losing control over urination.
Justice Vishwajith Shetty observed that the medical condition cannot be addressed from jail and that surgery is required to be done in a super specialty hospital. “The impending or imminent danger if surgery is not performed is clearly spelt out in the medical report. Every person, including a prisoner, has a right to get himself adequately and effectively medically treated. Humane treatment to all, including an accused, is a requirement of law. Health conditions if not addressed timely may lead to serious consequences risking the life and limb of a person which cannot be revived. A humanitarian approach is therefore required to be made by the Courts while considering bail application on medical grounds notwithstanding the merits of the case,” the court said.