Kannada actor Darshan Toogudeepa received a major setback on Tuesday with the magistrate court rejecting his application for bail.

The actor, who is still in hospital after being diagnosed with jaundice and asthma, will now have to apply for bail in a sessions court. Neither the actor nor his wife, Vijayalakshmi, were present when the order was passed.

Rejected

First Additional Chief Metropolitan Magistrate Venkatesh Hulagi rejected the affidavit seeking a change in charges from attempt to murder (IPC 307), which was initially filed by Ms. Vijayalakshmi, to assault causing minor injuries (IPC 323).

Charges

With the affidavit being rejected, the charges on the original FIR filed in the Vijayanagar police station hold good.

Due to the severity of the charges, the case can only be tried in a sessions court, said the order.

The FIR charges the actor under five sections of the IPC and one section of the Arms Act.

Bail plea

Sources in the courtroom said the actor's lawyers would file an application for bail in the sessions court on Wednesday.

During the hearing on Monday, lawyers representing the actor said the initial charges were filed in a moment of haste by Ms. Vijayalakshmi.

However, the bail application was opposed by public prosecutor Amruth Kumar.

‘Condition improving'

Although Darshan's condition is improving, he is still on intravenous steroids as his body is not responding to nebulisation. He might have to stay in hospital for three more days, said Shashidhar Buggi, Director of the Rajiv Gandhi Institute of Chest Diseases. Though the broncho-spasms reduced considerably on Tuesday, Dr. Buggi said the steroids could not be stopped abruptly. “Depending on his progress, we will taper down the medication.”