BENGALURU – In a significant ruling balancing legal proceedings with humanitarian needs, a Special CBI Court in Bengaluru has permitted Smt. Ramya G.C., an accused in a corruption and fraud case, to travel to the United States. The court relaxed existing bail conditions to allow the petitioner to seek specialized medical treatment for her 14-year-old son, who is suffering from a serious intestinal ailment.
The order was delivered by Sri K.L. Ashok, the XXI Additional City Civil & Sessions Judge and Principal Special Judge for CBI Cases. The court observed that denying a parent the right to seek the best possible medical care for a minor child would be unjustified, especially when the child’s health is at stake.
Case Background and Legal Constraints
Ramya G.C. and her husband, Ramesh B. Gowda, are facing charges under Section 120-B (Criminal Conspiracy) read with Sections 420 (Cheating), 409 (Criminal Breach of Trust), and 477-A (Falsification of Accounts) of the Indian Penal Code. Additionally, they are charged under the Prevention of Corruption Act, 1988. The case was registered by the Central Bureau of Investigation (ACB) as R.C. No. 16(A)/2020.
The couple had previously secured anticipatory bail in August 2021. However, the court had imposed strict conditions at the time:
- Condition No. 2: The petitioners were required to surrender their passports to the Investigating Officer.
- Condition No. 5: The petitioners were prohibited from leaving India without the prior permission of the court.
The Medical Emergency
The petitioner moved the court seeking relaxation of these specific conditions, citing a medical emergency involving her minor son, Master Ved Ramesh. Medical reports presented to the court indicated that the child is suffering from Chronic Active Colitis, which suggests Crohn’s Disease.
Crohn’s Disease is a type of inflammatory bowel disease (IBD) that causes inflammation of the digestive tract, leading to abdominal pain, severe diarrhea, fatigue, weight loss, and malnutrition. While the court acknowledged it is not a medical expert, it took judicial notice of the fact that Crohn’s is a serious condition requiring specialized care, particularly when surgery is the only viable option for a minor.
Arguments from Both Sides
The counsel for the petitioner argued that it is a patient’s right to choose their hospital and medical provider. They contended that while Bengaluru offers world-class facilities, the medical advancement in the USA is superior for certain specialized surgeries. The petitioner emphasized that as parents, they were solely concerned with the survival and health of their son.
The Senior Public Prosecutor for the CBI opposed the petition, arguing that the offences are of a grave nature involving economic fraud. The prosecution expressed apprehension that the accused might flee the country to avoid trial. They also noted that high-quality medical treatment is available within Bengaluru itself, making the foreign travel unnecessary.
The Court’s Humanitarian Perspective
Judge K.L. Ashok noted that the case has been active since 2020 and the accused have been on bail for nearly a year without any allegations of non-cooperation. The court highlighted that criminal jurisprudence presumes innocence until proven guilty and that legal restrictions should not lead to “unnecessary hardship and prejudice” when a child’s life is involved.
“Denying their prayer inter-alia would amount to denying medical treatment for a child which would not be justified,” the Judge stated in the order. The court further noted that the travel was not for “holiday or pleasure” but for a critical medical necessity.
Conditions for Travel
To pacify the CBI’s concerns regarding the flight risk, the court imposed a set of stringent financial and procedural conditions:
- Cash Security: The petitioner must deposit a refundable cash security of ₹5,00,000 to ensure her return to India.
- Sureties: The petitioner must execute a personal bond for ₹5,00,000 and furnish two solvent local sureties, one of whom must be a relative.
- Duration: The permission to stay in the USA is limited to a period of 3 months from the date of travel.
- Reporting: The petitioner must furnish a detailed travel itinerary and her address in the USA to the court.
- Passport: The Investigating Officer is directed to return the passport for the travel period, but the petitioner must surrender it immediately upon her return to India.
The court concluded that these conditions provide a balanced approach, ensuring the accused remains within the reach of the law while allowing her to fulfill her maternal duties toward her ailing son.