Bail on medical grounds is unwarranted where prison authorities provide adequate treatment.

The petitioner, accused No. 3, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in Sessions Case No. 17/2026, arising from an alleged incident on 17 August 2025 in which he and other accused were alleged to have caused the deceased’s death.

The charge sheet alleged offences under Sections 310(3), 103(1) and 238 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The petitioner relied on uncontrolled diabetes and chronic kidney disease (CKD) as grounds for bail. Prison medical records showed that he had been admitted to GIMS Hospital, Kalaburagi, from 10 to 20 May 2026 and was thereafter receiving outpatient treatment.

An earlier bail petition had been withdrawn with liberty to renew the request after examination of material witnesses.

1. Whether the petitioner had established sufficient medical grounds for release on bail, having regard to his illnesses and the treatment provided in custody.

2. Whether bail should be granted at this stage despite the earlier petition having been withdrawn with liberty to renew the request after examination of material witnesses.

Section 483 of the BNSS empowers the High Court to consider a bail application.

In assessing bail, the Court considered the gravity and punishment of the alleged offences, the stage of the proceedings, and the medical material concerning the petitioner.

On medical grounds, the Court examined whether the record showed inadequate treatment in custody or a medical opinion requiring further or specialised treatment outside prison; it found no such showing here.

The Court also considered its earlier order permitting renewal of the bail request after examination of material witnesses.

The Court noted the seriousness of the alleged offences and the petitioner’s earlier withdrawal of his bail petition with liberty to renew after material witnesses had been examined.

Although the petitioner suffered from uncontrolled diabetes and CKD, the medical record showed prior hospital admission and continuing treatment, with no assertion that prison treatment was inadequate and no medical opinion recommending specialised or better treatment.

The Court therefore found no sufficient medical basis for bail and considered it undesirable to grant bail before the complainant and eye witnesses were examined.

It left the petitioner at liberty to move the trial court for bail after examination of the material witnesses, consistent with the liberty granted in the earlier proceedings.