Karnataka High Court
Narendrakumar Minna S/O Gopal Shetti ... vs State By Karnataka on 1 October, 2012
Author: Jawad Rahim
Bench: Jawad Rahim
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 01 S T DAY OF OCTOBER, 2012
BEFORE
THE HON'BLE MR.JUSTICE JAWAD RAHIM
CRIMINAL PETITION NO.11202/2012
BETWEEN:
Sri. Narendrakumar Minna,
S/o. Gopal Shetti Minna,
Age: 49 years, R/o. Huliyar Taluk,
C.N.Halli, Tumakur District,
Now at B.C.Camp, Belgaum. ...Petitioner
[ By Shri H.Subramhanya Jois, Senior Advocate
for Shri Hemanthkumar L.Havaragi, Advocate ]
AND:
State by Karnataka,
Represented by
Additional State Public Prosecutor,
High Court Circuit Bench Building,
Dharwad. ...Respondent
[ By Shri V.M.Banakar, A.S.P.P. ]
This Criminal Petition is filed under Section
439 of the Code of Criminal Procedure seeking to
enlarge the petitioner on bail in Sessions Case
No.246/2010 (Crime No.43/2010) for the offence
punishable under Section 302 of the Indian Penal
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Code, on the file of the Principal Sessions Judge,
Belgaum, in the interest of justice and equity.
This Criminal Petition coming on for orders,
this day, the Court made the following: -
ORDER
The petitioner who is sole accused is facing charge for the offence punishable under Section 302 of the Indian Penal Code, relating to homicidal death of his wife Rekha on 16.04.2010 regarding which the brother of the deceased, Mallikarjunappa lodged report. It was registered in Crime No.43/2010 initially for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code.
2. Prosecution allegations are that the petitioner had married Rekha 15 years ago and both lived in camp area, they had no issues. However, on 16.04.2010, the petitioner accused allegedly informed the complainant - Mallikarjun that Rekha having slept is not getting up in the morning. Responding to the message, when the complainant went there, he found she was dead :3: with multiple injuries on the head and other parts of the body. Thus, he suspected petitioner is the killer of his sister and lodged report, which was investigated. Investigating Officer found sufficient material to arraign him for the offence punishable under Section 302 of the Indian Penal Code, which was accepted by the Trial Court. It was registered in Criminal Case No.945/2010 and after committal, the case is registered in Sessions Case No.246/2010 on the file of Sessions Judge, Belgaum. He attempts to seek bail, which was failure consequent to which he is in judicial custody from the date of arrest on 17.04.2010.
3. After failure in his attempt to seek bail on the plea of innocence, he applied to this Court seeking bail on medical ground through this Criminal Petition No.7259/2011. Supporting the ground he produced medical records which were considered by this Court. However, this Court opined as trial was to commence in Sessions Case and material on record was sufficient to make out :4: prima facie case against him for the charge under Section 302 of the Indian Penal Code, his plea for bail was rejected. It was not proper to admit him to bail. However, this Court took note of the fact that the Medical Officer who examined him, opined he is suffering from ailments like Ischemic Heart disease (IHD), and other complications. Consequently, a direction was issued to the Prison Authority to provide him with the best treatment.
By this petition, he has reiterated his plea for grant of bail based on the opinion of Doctor N.V.Nimbal, Associate Professor, Medicine-'B' Unit, Department of Medicine, B.I.M.S., Belgaum, furnished to the Superintendent of Central Prison, Hindalaga, Belgaum, that there is no Specialist in the said Hospital to treat the petitioner for ailment with which he is suffering. In other word, lack of specialised treatment for cardiac ailment of the nature the petitioner is suffering is highlighted by the Doctor.
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4. Learned Senior counsel Shri H.Subramhanya Jois would submit, his client has been suffering from this ailment for a period of over a year and his confinement in the prison has aggravated it further. Despite this Court's direction by order dated 29.12.2011 in Criminal Petition No.7259/2011, to provide him the best treatment, the Prison Authorities and other Authorities in whose custody he is presently lodged are unable to provide such treatment. Lack of treatment in the Hospital where prisoners are treated is highlighted by him through the medical reports produced.
4. Learned State Additional Public Prosecutor Shri V.M.Banakar would submit, the treatment which he require is available in other Hospitals and getting him treated is not difficult. He would submit, as and when required, it could be provided with treatment in other Hospital. :6:
5. I have perused the records made available. As far as nature of allegation against him is concerned, I do not wish to advert to it, since his earlier bail plea for bail has been declined by this Court. The question is whether the grant of bail, which he seeks is in his interest or whether, this Court could pass an appropriate order in the fact situation, to direct the State to provide him the medical treatment, which this Court has already opined by the earlier order.
6. The medical opinion furnished on 22.08.2011 confirms that the petitioner is suffering from Ischemic Heart Disease (IHD) with Hypertension with depression with bilateral inferior turbinate hypertrophy with Right Bundle Branch Block. Despite treatment, which is being presently provided, the blood pleasure has not come under control and thus the Medical Officer advised him to be treated at the Specialised Center where the treatment for such ailment is available. He is in Prison at Belgaum and :7: therefore, he has to be treated in any of the Government Hospitals as per normal norms and jails manual. The Medical Officer of B.I.M.S. where he was sent for treatment having attended upon him, has in unequivocal terms, opined he requires treatment urgently and that to at the Specialised Center like Sri Jayadeva Institute of Cardiology, Bangalore. It is not controverted by the State.
In the circumstances, the health and safety of life of the petitioner who is in judicial custody rests with the State and consequently, the State has to provide the treatment which is required, lest, the consequences flowing from inaction may be very devastating.
In this view, while declining to admit him to bail, which I have already observed, may not be justified.
Thus, the Jail Superintendent is directed to shift him with the medical cover from the prison to :8: Sri Jayadeva Institute of Cardiology at Bangalore. On his being so shifted, the Director of Sri Jayadeva Institute of Cardiology, Bangalore, is requested to ensure his admission and treatment is provided as may be required, the cost being borne by the State.
7. The Director is further requested to direct the Superintendent of Hospital to forward periodical report detailing the nature of treatment and the condition of the petitioner to the Presiding Officer, of the Court in which the Sessions Case No.246/2010 is pending trial, once in fifteen days.
8. This relief is granted to the petitioner, subject to he seeking an exemption from appearance in the Trial Court to enable the Trial Court to proceed with the recording of the evidence in his absence. Such an application shall be filed before the Trial Court within a week from now. On filing of such application, the learned Sessions Judge is directed to pass order thereon :9: and mark a copy of it to the Superintendent of Prison who after receipt of such a copy, take further action as directed by this order.
9. The petition is disposed of in these terms.
10. In case there is any medical emergency, Superintendent of Police authorised to shift him immediately, subject to other conditions prescribed herein being fulfilled.
Sd/-
JUDGE Rsh