Karnataka High Court grants interim bail for six weeks to actor Darshan to undergo surgery for back pain

However, court restrains him from giving any statement, including on his health status, to media during this period  

In a relief to Darshan, the High Court of Karnataka has granted interim bail for six weeks on medical ground to enable the actor to undergo surgery at a hospital of his choice in Bengaluru for his back pain based on the medical reports given by a neurosurgeon of Ballari Medical College and Research Centre (BMCRC), Ballari.

“A reading of the medical report would make it very clear that earlier the surgery, the greater are the chances of recovery,” the court observed while noticing that the medical report had stated that Darshan has partially lost sensation and strength in his feet and faces the danger of suffering numbness in his feet and losing control over urination in future.

No media interaction

However, the court restrained Darshan from appearing before the print, electronic media or any social media to give any statement on any issue, including his health condition, during the interim bail.

Justice S. Vishwajith Shetty passed the interim order on an application filed by the actor for grant of bail on medical grounds to undergo surgery during the pendency of consideration of his plea for grant of regular bail in connection with the murder of his fan Renukaswamy.

Other conditions

The court directed Darshan to report to the hospital soon after he is released from prison to get himself medically examined. A report from the hospital mentioning the probable date of his surgery, period of admission required for the proposed treatment and follow-up treatment, if any, should be filed within one week from the date of release from the prison, the court stated.

The High Court also noted from the medical report, given by Vishwanath S., Head of Department of Neurosurgery, BMCRC, that the prison hospital has no facility to perform the surgery required by Darshan, and BMCRC, though has certain facilities, does not have neuro navigation, which is required to perform the proposed surgery.

Analysis of medical report

Darshan will have to surrender before the trial court immediately after expiry of the period of interim bail subject to any further order, the court said while directing him not to directly or indirectly threaten or tamper with the prosecution witnesses. He has also been directed to surrender his passport to the trial court and not to leave its jurisdiction during the period of interim bail.

Though the Special Public Prosecutor had pointed out certain discrepancies in the report submitted by the doctor at BMCRC while suggesting referring the actor before a medical board in the government’s super speciality hospital in Bengaluru, Justice Shetty said he ‘does not find any such discrepancies’ after perusing the actor’s medical records.

The High Court noted that Darshan was diagnosed with his present ailment even before his arrest in June and the aggravation of pain could be because he has ‘not received proper treatment after his arrest’.

“Since the report is issued by a super-speciality hospital of the State after the petitioner was produced before the specialist doctors of the said hospital by the jail authorities pursuant to the orders passed by this court to produce medical records of the petitioner, there is no good reason to disbelieve the report of BMCRC,” the court observed while noticing that doctors had advised physiotherapy, till he undergoes surgery, for the purpose of reduction of the shooting pain suffered by him.

“Humane treatment to all, including an accused, is requirement of law. Health condition 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 ground notwithstanding the merits of the case,” the court said referring to apex court’s verdicts.

What is his ailment?

The medical report, the court said, had stated that Darshan is suffering from Intervertebral Disc Prolapse (IVDP) due to compression on nerves between fifth Lumber (L5) and first Sacral (S1) in the spine.

Published - October 30, 2024 10:59 am IST