BA.1017.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION 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 1 of 7 BA.1017.2026.doc 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 4th 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 2 of 7 BA.1017.2026.doc 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 3 of 7 BA.1017.2026.doc 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 4 of 7 BA.1017.2026.doc 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 5 of 7 BA.1017.2026.doc 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 6 of 7 BA.1017.2026.doc 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 7 of 7 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.23 20:47:32 +0530