Pendyala Hemalatha, the wife of the accused in the Bhima Koregaon case, P. Varavara Rao, has moved the Supreme Court seeking bail for him, as he suffers from various co - morbidities which is a threat to his health along with post - Covid complications.
The plea filed through advocate Sunil Fernandes contended that his continued custody amounts to cruel and inhuman treatment, which violates Article 21 of the Constitution and also violates his dignity in custody.
Rao had tested positive on July 16.
"Although the Petitioner's husband may have later tested negative for COVID - 19, after being admitted in Nanavati hospital, there is every possibility of reinfection as is now known to medical science, " said the plea.
Hemalatha contended that her husband had a fall at the hospital, which has led to neurological problems as reflected in the medical report filed by Nanavati Hospital dated July 30.
Expressing her dissatisfaction with the treatment of her husband in custody, she said he was hospitalised on May 27, and he was hurriedly discharged on June 1 while his bail plea on grounds of his medical problems and COVID - 19 was pending.
The plea contended that post - COVID complications are known to occur in elderly persons.
"Because the Petitioner's husband is in an extreme state of ill health, he is entitled to the love and solace from family members, particularly the Petitioner who are best placed to provide the medical treatment he deserves having regard to the love and affection they bear for him, " said the plea.
The plea said Rao is in no position to stand trial in his present condition and needs critical medical care to keep him alive and hence no useful purpose is being served by his continued incarceration except to torture him beyond human endurance.
Hemalatha urged the top court to allow Rao to be released on temporary medical bail and be allowed to travel to Hyderabad to be with his family and loved ones.
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