Karnataka High Court
Gajendra @ Gajendra Babu vs The State Of Karnataka on 8 December, 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.6134 OF 2020
BETWEEN
Gajendra @ Gajendra Babu
S/o. Bojji Naidu,
Aged about 39 years,
Permanent Resident of
Ananthapuram Village,
N.R.Pet Post, Chitoor Taluk,
Andra Pradesh - 517423.
...Petitioner
(By Sri. K.B.K.Swamy, Advocate)
AND
The State of Karnataka by
Channamanakere Achukattu Police Station,
Bengaluru City
Represented by State Public Prosecutor,
High Court of Karnataka,
Bengaluru-560001.
...Respondent
(By Sri. K.S.Abhijith, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.162/2018 of Channammanakere Achukattu Police
Station, Bengaluru City for the offence punishable under
Sections 498-A, 342, 302 and 306 of IPC.
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This Criminal Petition coming on for orders this day,
the Court made the following:
ORDER
This is the second petition for bail filed by the petitioner, his earlier petition Crl.P.No.1891/2019 was dismissed by this Court on 06.11.2019 holding that there were prima-facie materials about his involvement in committing the crime. This time the petitioner has sought bail on medical grounds.
2. Heard the petitioner's counsel and the learned High Court Government Pleader for respondent-State.
3. The petitioner has been implicated of causing death of his wife. FIR was registered on 23.04.2018 in Crime No.162/2018 for the offence punishable under Section 302 of IPC. Counsel for the petitioner has submitted medical records. These records show that the petitioner has got mental illness. A letter addressed by the Psychiatrist of the Central Prison, Bengaluru to the Chief Superintendent, Central Prison, Bengaluru shows that the 3 petitioner is suffering from PSYCHOSIS NOS. On 26.09.2020, Professor of Psychiatry, NIMHANS addressed a letter to the Assistant Registrar, City Civil Court, Bengaluru stating that the petitioner has problems like poor personal hygiene, no spontaneous interaction, delusion of reference, delusion of persecution, auditory hallucinations, dull mood, impaired judgment and absent insight. He is being treated at NIMHANS. On 01.12.2020, this Court directed the High Court Government Pleader to obtain medical report with regard to mental condition of the petitioner. Today the High Court Government Pleader produced a letter dated 02.12.2020 issued by Dr. Santhosh J, Psychiatrist at Central Prison, Bengaluru, to the effect that the petitioner is being treated at NIMHANS for his PSYCHOSIS NOS problem. So this being the actual illness of the petitioner, keeping him inside the jail does not appear to be proper. Even he may become problem to the other inmates of the jail also. One Rajendra Naidu, the maternal uncle of the petitioner has filed an affidavit 4 stating that if the petitioner is released from the jail, he will take care of him and he will produce him before the Court as and when his presence is required. Therefore having regard to these factors I am of the opinion that the petitioner may be admitted to bail. Hence the following:
ORDER Petition is allowed.
The petitioner is ordered to be released on bail in connection with Crime No.162/2018 registered by Channammanakere Achukattu Police Station, Bengaluru on obtaining a bond from Sri Rajendra Naidu, next friend of the petitioner for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) and furnishing two sureties for the likesum to the satisfaction of the jurisdictional Court. The next friend of the petitioner is also subjected to following conditions:
i. He shall take the petitioner regularly to NIMHANS Hospital for treatment, 5 ii. He shall keep present the petitioner before the Court whenever his presence is necessary for any purpose, iii. He shall take care that the petitioner shall not go to the extent of threatening the witnesses and hampering the evidence collected by the investigating officer.
Sd/-
JUDGE Kmv/-