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Bombay High Court

VENKATESWARARAO TIRUMALASHETTYversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that the applicant’s medical condition is genuine and serious, warranting the grant of medical bail with conditions.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Venkateswararao Tirumalashetty, who was in custody for offences under the Bharatiya Nyaya Sanhita, 2023. The applicant, a 57‑year‑old diabetic, suffered gangrene requiring amputation of two toes and ongoing wound care, which the court found could not be adequately provided in prison. The State opposed bail on grounds of possible abscondment and questioned the adequacy of the medical evidence. Relying on a recent Supreme Court precedent, the court held that medical bail may be granted only in exceptional cases where the health condition is serious and cannot be treated in custody. Finding the applicant’s medical plea genuine, the court granted medical bail with a detailed set of conditions, including sureties, regular medical check‑ups, and restrictions on travel and communication with co‑accused.

Issues considered

  • Whether the applicant’s diabetic foot gangrene constitutes a serious medical condition that justifies bail on medical grounds.
  • Whether the risk of the applicant absconding outweighs the need for medical treatment outside prison.
  • Whether the applicant’s undertaking and proposed hospital care satisfy the requirements for medical bail.

Legislation cited

Subjects

  • medical bail
  • diabetic foot
  • gangrene
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • health in custody
  • bail conditions

Judgment

                                                               BA.1017.2026.doc

Ajay

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 1017 OF 2026

       Venkateswararao Tirumalashetty                  .. Applicants
             Versus
       State of Maharashtra                            .. Respondent
                                  ....................
        Mr. Ganesh Gupta a/w. Shivkumarsingh Bais, Ritik Gupta, Sahil
          Ghorpade i/b. GG Legal Associates, Advocates for Applicant.
        Mr. Viresh Purwant a/w. Suraj Gadkari, Advocates for Original
         Complainant.
        Ms. Sangeeta Phad, APP for Respondent – State.
                                   ......…...........
                                  CORAM : MILIND N. JADHAV, J.
                                  DATE       : SEPTEMBER 22, 2026.

       P.C.:

       1.       Heard Mr. Gupta, learned Advocate for Applicants, Mr.

       Purwant, learned Advocate for Original Complainant and Ms. Phad

       learned APP for Respondent - State.


       2.       Present Application is filed under Section 483 of Bharatiya

       Nagarik Suraksha Sanhita, 2023 by Applicant seeking enlargement on

       bail in connection with FIR being CR No.256 of 2025 registered for

       offences punishable under Section 316(2), 316(5), 318(4), 336(2),

       336(3), 338, 339 read with 3(5) of Bharatiya Nyaya Sanhita, 2023.


       3.       Applicant is 57 years old. Prisoners Medical Report dated

       16.09.2026 is placed before Court. His medical history in the past one

       year prima facie reveals that he was admitted to Sassoon General


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Hospital, Pune from 18.12.2025 to 20.12.2025 and from 27.06.2026 to

17.07.2026 and thereafter on 05.08.2026, 29.08.2026 . It is seen that

clinical diagnosis of the Applicant refers to amputation of 4 th and 5th

toe of left lower limb with debridement of left lower limb in view of

diabetic foot in a known case of diabetes mellitus.

4.        Pursuant    to surgery in July 2026 on medical advice,

Applicant was prescribed daily cleaning and dressing of his diabetic

foot injury and prescribed a diabetic diet. The surgery had to take

place due to repeated complaints of foul smelling discharge from

Applicant’s left foot namely infection of gangrene. Admittedly,

Applicant is in jail hospital and is being administered medication on

medical advice for the last one year since his arrest. The diabetic

wound on his leg is said to be healthy in the Report however Applicant

is admitted to jail hospital and is unable to walk around freely.

Affidavit cum Undertaking dated 18.09.2026 is filed by wife of

Applicant who is a State Government teacher and she has stated that

for entire duration of Applicant’s custody of 12 months in jail,

Applicant is undergoing treatment due to the diabetic foot injury as he

has chronic diabetes mellitus and if not cared for properly, may lead to

further complications and amputation of his left foot. In her Affidavit,

she has stated that she undertakes to provide him with the necessary

support and assistance of his medical treatment at Kavya Hospital in

Guntur, district of Andhra Pradesh and also undertake that the

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Applicant shall abide by all bail conditions.

5.        Mr. Purwant, learned Advocate for First Informant would

vehemently oppose grant of bail to Applicant on medical grounds on

the ground that the offence of cheating against Applicant is such that

there is every possibility of him absconding and not attending the trial

if he is released from prison. He would submit that Clause 15 of the

Prisoners Medical Health Report classifies status of Applicant’s health

as “at present the prisoner's foot wound is healthy and prisoner has

been kept at Yerwada Prison Hospital, Ward No.1 and treatment is

being administered as per advice of Sassoon General Hospital, Pune

specialists.” He would argue that while it is true that Applicant is

suffering from gangrene and it is Applicant’s case that the same has

spread to the calf of his left foot however Prisoners Medical Report

dated 16.09.2026 does not support this theory. However, in his usual

fairmindedness he would agree that gangrene is a serious disease

which if not cared for properly with medication and treatment, it can

spread and affect the limbs especially in the case of patients with

chronic diabetes mellitus and lead to amputation and serious

complications. Another objection that Mr. Purwant takes is that no

details of Applicant’s hospital treatment in future has been stated in

the Application.


6.        Mr. Purwant persuades the Court to consider a recent

decision of the Supreme Court in the case of State of Karnataka Vs. Sri

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Darshan Etc.1 to contend that Supreme Court has consistently held that

bail granted on medical grounds must be based on credible, specific

urgent need and not on general and future apprehension and bare

perusal of medical records and subsequent conduct should not revela

that the medical plea was not vague and grossly exaggerated as it

would defeat the interests of justice. He would forcefully submit that

bail on medical grounds can be granted only in exceptional cases when

the medical condition is serious and accused cannot be treated in

custody and necessary facilities are not available in jail.


7.            After going through the material placed on record, I don’t

have the slightest doubt that Applicant’s treatment of his ailment will

be more appropriate and better if he is treated at a hospital of his own

choice rather than in the environment of the jail.

8.            The Application is filed in March 2026 and in July 2026,

Applicant was operated upon for amputation of his two toes due to

gangrene and is admittedly adviced to be under constant medication

and treatment. It is seen that wife of Applicant has placed on record

name of the hospital as well as the specialist doctors who will treat

Applicant on his release from prison once he is at home. There is

nothing on record to disbelieve Applicant’s case and his medical

ailment of diabetic foot and that he is suffering from gangrene and he

therefore requires medical care and treatment.

1    Criminal Appeal nos. 3528 – 3534 of 2025

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9.        I have considered the parameters for grant of medical bail

sought by the Applicant before me and in view of the material placed

before me, I am of the opinion that medical plea before me is genuine

and Applicant requires appropriate medication for his treatment of

gangrene so that it does not spread and lead to further amputation and

most importantly treatment of Applicant outside jail would be much

better that the facilities provided in jail primarily because of his

diabetes diet, his constant monitoring by specialists and daily dressing

of his diabetic foot wound which is susceptible to slightest of infection.

Hence Applicant has made out a case for grant of medical bail.

10.       Needless to state that every 6 months the Applicant will

present himself at Sasson General Hospital for a checkup and the Dean

of the said hospital shall, through a committee, examine the status of

Applicant’s health parameters and give opinion in a Report to the

prosecution. Prosecution will be at liberty to approach this Court on

the basis on that Report for seeking custody of the Applicant and for

seeking cancellation of his medical bail.

11.       In addition to the above order, Applicant is directed to be

released on Medical bail on following conditions:-

          (i)   Applicant   –   Venkateswararao      Tirumalashetty      be

          released on bail, on furnishing a P.R. Bond of Rs.1,00,000/-

          and one or more sureties in the like amount;


          (ii) Applicant is permitted to furnish provisional cash bail of

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Rs. 10,000/- for his release immediately and file undertaking

that she shall provide one or two sureties in the like amount

of Rs. 1,00,000/- within a period of four weeks after his

release which shall be accepted by the Trial Court. Applicant

shall provide sureties as directed;


(iii) Every month after Applicant’s release, Investigating

Officer shall be at liberty to visit the Applicant’s home with 2

days advanced notice to enquire about his health and

rehabilitation and keep a record of the same in writing in the

form of a report for Court’s information if so required later;


(iv) Applicant shall not leave the country without prior

permission of the Court;


(v) Applicant shall not influence any of the witnesses or

tamper with the evidence in any manner;

(vi) Applicant shall keep the Investigating Officer informed

of his current address and mobile contact number and / or

change of residence or mobile details, if any, from time to

time, as applicable;

(vii) Applicant shall surrender his passport with the

Investigating Officer of the concerned police station;

(viii) Applicant shall not indulge in any activity similar to

the activities on the basis of which the Applicant stands


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                                 prosecuted;

                                 (ix) Applicant shall not try to establish communication with

                                 any co-accused or any other person involved directly or

                                 indirectly in similar activities, through any mode of

                                 communication;

                                 (x) Any infraction of the conditions shall entail cancellation

                                 of bail granted to the Applicant.



        12.                      Liberty to apply for cancellation of this order to prosecution

        in case of any breach of the conditions.

        13.                      It is clarified that the above observations in this order are

        limited for the purpose of granting bail only and I have not made any

        observations on the merits of the case and the trial shall be adjudicated

        on the basis of the evidence uninfluenced by the present order and

        strictly in accordance with law. It is also clarified that the common

        order is for the sake of convenience and Applicant shall not be

        adversely impacted by the conduct of the other Applicant including but

        not limited to infringement of bail conditions.


        14.                      Bail Application No.1017 of 2026 is allowed and disposed in

        above terms.


                                                                     [ MILIND N. JADHAV, J. ]

Ajay              Digitally signed
                  by AJAY
       AJAY       TRAMBAK
       TRAMBAK    UGALMUGALE
       UGALMUGALE Date:
                  2026.09.23
                  20:47:32 +0530




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