Actor Darshan Thoogudeepa being taken by the police after he was arrested in connection with the murder of Renukaswamy.
Credit: DH Photo/B K Janardhan
Bengaluru: The Karnataka High Court will pass orders on Wednesday on the application filed by actor Darshan Thoogudeep Srinivas, accused in the Renukaswamy murder case, seeking interim bail on medical grounds to undergo spine surgery. Justice S Vishwajith Shetty on Tuesday heard both the sides and indicated that the interlocutory application will be decided on Wednesday.
The court had directed the authorities to place the medical examination report. The report suggested that the actor may have to undergo physiotherapy or surgery for his back ailment.
During the hearing on Tuesday, senior advocate CV Nagesh, appearing for the actor, cited several judgements on the issue of interim bail on medical grounds. Referring to the medical records placed before the court, Nagesh submitted that surgical treatment cannot be given in Ballari for want of the equipment required for the surgery. The actor would ultimately have to take treatment in Mysuru, he said. “He can't squat or lift weights or walk,” the advocate said, adding that interim bail is prayed for a period of 30 days initially in order to get Darshan examined by the doctors at Apollo Hospital in Mysuru and could be extended based on the medical advice.
The court suggested that a second opinion by doctors could be carried out at a government hospital in Bengaluru, instead of seeking a report from a private hospital and the petitioner need not be admitted only to a hospital in Mysuru. The advocate however raised security concerns stating that witnesses in the case are from Bengaluru and insisted that the petitioner prefers treatment in Mysuru.
On the other hand, Special Public Prosecutor (SPP) Prasanna Kumar opposed the application for interim bail contending that the medical records do not specify that a surgery has to be carried out immediately.
“State is not against providing medical treatment to any accused, provided medical certificates support the claim. In this case, the medical certificate does not indicate what is the nature of surgery required, how many days he has to be in-patient, how many days he has to take follow-up treatment. Without ascertaining these details from an independent Medical Board of Doctors at Victoria or Bowring Hospital, the present interim bail application cannot be considered,” he said.
The SPP further submitted that the court may refer the petitioner to a medical board comprising experts, either in Victoria or Bowring hospital in Bengaluru, since nothing is stated in the interim bail application about details of medical treatment required.