Karnataka High Court
Nagaraju vs State Of Karnataka on 10 September, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:36850
CRL.P No. 5924 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5924 OF 2024
BETWEEN:
NAGARAJU,
S/O BASAVAYYA,
AGED ABOUT 56 YEARS
R/AT NO.64, 4TH MAIN ROAD,
BASAVESHWARA NAGAR,
KAMAKSHIPALYA,
BENGALURU - 560 079
...PETITIONER
(BY SRI. M. SHASHIDHARA, ADVOCATE)
AND:
STATE OF KARNATAKA
BY J.P. NAGAR P.S.,
Digitally signed REPRESENTED BY SPP,
by KAVYA G
Location: High HIGH COURT OF KARNATAKA,
Court of
Karnataka BENGALURU - 560 001.
...RESPONDENT
(BY SRI. JAGADEESHA B.N., ADDL.SPP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 13.03.2024 PASSED ON THE
APPLICATION 329 CRPC FILED FOR SEEKING TO ISSUE
DIRECTION TO THE JAIL AUTHORITIES TO PROVIDE PROPER
TREATMENT BY A PSYCHIATRIST TO THE PETITIONER IN
S.C.NO.1693/2023 ORIGINATED FROM CRIME NO.170/2023
-2-
NC: 2024:KHC:36850
CRL.P No. 5924 of 2024
OF RESPONDENT J.P.NAGAR POLICE, FOR THE OFFENCE P/US/
302 RW/ SEC.34 OF IPC WHICH IS PENDING ON THE FILE OF
THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT
BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. M. Shashidhara, learned counsel appearing for the petitioner, Sri. Jagadeesha B.N., learned Addl.SPP appearing for the respondent and have perused the material on record.
2. The petitioner is before this Court calling in question an order dated 13.03.2024 passed on an application filed under Section 329 of the Cr.P.C. seeking a direction to the Jail Authorities to provide treatment by a Psychiatrist to the petitioner, as the contention of the petitioner was that he was not in a position to stand trial for an offence punishable under Section 302 of the IPC owing to his mental condition. -3-
NC: 2024:KHC:36850 CRL.P No. 5924 of 2024
3. This Court directed the State to get the petitioner examined by NIMHANS and the report of the said examination is placed before the Court, which is dated 09.07.2024. The report of the NIMHANS, reads as follows:
"FORENSIC PSYCHIATRY REPORT To, Date: 20.08.2024 The Registrar The High Court of Karnataka Respected Sir/Madam, Subject: Report of Mr. Nagaraju s/o Basavaiah Reference: Court order dated 01/07/2024:
Ι.Α.ΝΟ.1.2024, Case Number: CRL.P 5924/2024 (KAHC01344372024), which ordered the petitioner Mr Nagaraju to be referred to NIMHANS, Bengaluru to obtain report regarding the mental stability of the petitioner.
Mr. Nagaraju s/o Basavaiah (Hospital No.20240800398) was admitted at NIMHANS between 07/08/2024 and 20/08/2024 for assessment.
Forensic Opinion:
After our detailed In-patient psychiatric evaluation, including serial mental status examinations, serial ward observation and investigations, between 07/08/2024 and 20/08/2024 Mr Nagaraju s/o Basavaiah does not have any signs and symptoms of mental illness. Hence, we opine that he is fit to stand trial."
In the light of the said observation or forensic opinion of the NIMHANS, there is no impediment for the petitioner to stand trial for the aforesaid offence. The request of the -4- NC: 2024:KHC:36850 CRL.P No. 5924 of 2024 petitioner at this juncture would be that when the petitioner is required treatment, he shall be treated by a Psychiatrist.
4. The submission merits acceptance, which is not opposed by the learned Addl.SPP as well.
6. In that light, the petition stands disposed directing further trial to be continued against the petitioner with a rider that in the event the petitioner would require treatment of a Psychiatrist, the Jail authorities shall without driving the petitioner again to this Court, get him treated from the hands of the psychiatrist.
With the aforesaid observations, the petition stands disposed.
Sd/-
(M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 8 CT:SNN