While allowing a special leave petition (SLP) filed by a deceased accused from Karnataka to be withdrawn, the Supreme Court observed that the High Court and lower courts should be sensitive to the medical conditions of the petitioner while dealing with bail petitions.
When Advocate appearing for Gulzar Khan informed the court that the appellant died, a bench headed by Justice B N Agrawal said if the medical conditions warranted, the accused or an inmate should be freed on bail for a longer period to undergo medical treatment.  Khan of Kadugodi in Bangalore district had filed a petition against the order of the Karnataka High Court which did not intend to extend his bail beyond July 30, 2007 as his condition was critical due to blockages in his heart during angioplasty (heart treatment).
Khan, a murder accused, had undergone angioplasty at Sagar Apollo Hospital in Bangalore on August 26, 2007 and the doctors diagnosed that he had five more major blockages ranging from 80 per cent to 90 per cent which needed bypass surgery. Due to high sugar level, hypertension and hyperthyroid conditions, the doctors advised him to take medication and bed rest for about 6 months.
In the intervening period Khan died in a hospital.  Khan was accused of killing Thimmaraju on March 2, 1995 near Ujvala School. The trial court had acquitted 19 other accused except him of the murder charges on November 29, 2006 .  Khan had challenged his conviction before the High Court and was on bail for treatment.