Sri. N. Naveen vs State Of Karnataka on 6 March, 2017

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Karnataka High Court

Sri. N. Naveen vs State Of Karnataka on 6 March, 2017

Bench: P.S.Dinesh Kumar

                                 1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 06th DAY OF MARCH, 2017

                           BEFORE

       THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

             CRIMINAL PETITION NO.9829/2016
BETWEEN:

SRI N. NAVEEN
S/O G. B. NAGENDRA GOWDA
AGED ABOUT 31 YEARS
RESIDENT OF 7TH CROSS
NEAR SNEHA
BEAUTY PARLOUR
KUVEMPUNAGARA
TUMAKURU-572 101
                                                 ...PETITIONER
(BY SRI CHETHAN B., ADVOCATE)

AND:

STATE OF KARNATAKA
REPRESENTED BY NEW EXTENSION POLICE

REP BY SPP
HIGH COURT OF KARNATAKA
BANGALORE-01.
                                                ...RESPONDENT
(BY SRI B. VISHWESHWARAIAH, HCGP.)

       THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C PRAYING TO ENLARGE THE PETTITIONER ON
BAIL    IN   CR.   NO.113/2016       OF   NEW   EXTENSION   P.S.,
TUMAKURU, FOR THE OFFENCES P/U/SS.323, 324, 332, 504
AND 506B OF IPC.

       THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
                                2



                        ORDER

This petition is filed under Section 439 Cr.P.C. seeking enlargement of petitioner on bail in Crime No.113/2016 registered in New Extension Police Station, Tumkur, for offences punishable under Sections 323, 324, 332, 504 and 506(B) of IPC.

2. The complaint was lodged by a traffic police constable stating that accused was attacking the public indiscriminately. Based on the submission of learned High Court Government Pleader that a person who may be mentally disturbed should have to be dealt with Section 330 of Cr.P.C., the Superintendent of Tumkur Sub-Jail, Tumkur was directed to get the accused medically examined by the doctor and submit a report. A report dated 13.02.2017 by the psychiatrist has been received by the jail authority. The said report, prima facie, shows that the petitioner is suffering from mood disorders, aggressive personality disorder etc. Petitioner's father, a retired Assistant Sub-Inspector of Police, who was serving in the District Armed Reserve Police, has filed an affidavit dated 3 20.02.2017, stating that his son is suffering from mental health disorder and he is undergoing medical treatment.

3. Learned counsel appearing for the petitioner submitted that the accused having unsound mind is required to be released under Section 330 of CrP.C. Adverting to the proviso to Section 330 (1) of Cr.P.C., he submitted that in the event of any friend or relative undertaking to provide regular psychiatric treatment to the accused, such accused having unsound mind is required to be released.

4. Per contra, learned High Court Government Pleader submits that the petitioner is indiscriminately attacking the general public and a complaint is lodged by the on- duty policeman. Therefore, the petitioner may be sent to a lunatic asylum as provided in the Mental Health Act, 1997.

5. I have carefully considered the submissions of Sri Chethan B., learned counsel appearing for the petitioner and Sri B. Vishweshwaraiah, learned High Court 4 Government Pleader for the respondent-State and perused the material papers.

6. The medical report prima facie shows that the petitioner is suffering from mental health illness. The father of the petitioner is a retired Assistant Sub-Inspector of Police and undertakes to take care of the petitioner. Section 330 of Cr.P.C. provides that a person of unsound mind be released, if a next friend undertakes to get the patient treated. In view of the undertaking given by the natural guardian - father, in my opinion, this petition merits consideration and the petitioner is entitled for grant of bail. Accordingly, I pass the following:-

ORDER

(i) Petitioner shall be released on bail in Crime No.113/2016 registered in New Extension Police Station, upon the petitioner's father executing a self bond for a sum of Rs.50,000/- with one surety for the like sum to the assurance for the presence of the petitioner before the jurisdictional Court;

(ii) Petitioner's father shall also file an undertaking before the Court below that he will provide proper medical treatment to his son as advised by the District Hospital, Tumkuru and ensure that the petitioner is not allowed to move about in public until doctors treating on him certify that he has recovered from mental illness and is fit to move about independently.

Petition allowed.

Ordered accordingly.

Sd/-

JUDGE nvj

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