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2022 DIGILAW 315 (KAR)

Manaank Mudaliar v. State of Karnataka

2022-03-05

K.NATARAJAN

body2022
JUDGMENT K. Natarajan, J. - This successive bail petition is filed by accused under Section 439 of Cr.P.C., for granting regular bail in Crime No. 155/2020 registered by Bharathi Nagar Police Station, Bengaluru for the offence punishable under Section 302 of IPC and also filed the charge-sheet pending on the file of Principal City Civil and Sessions Judge, Bengaluru in S.C. No. 542/2021. 2. Heard the arguments of learned senior counsel for the petitioner and learned High Court Government Pleader for the respondent-State. 3. The case of the prosecution is that the complainant-Suresha Babu who is the uncle of the petitioner filed a complaint to the Police on 29.12.2020 alleging that his elder brother Amarnath-deceased who is the father of the accused had retired from service six months prior to the incident. He was residing in RBI Quarters Guest House near Halasuru Lake. The deceased brought his son to Bengaluru for the purpose of providing treatment for his psychic disease from the Dr. Ruksana on 26.12.2020 and was staying in RBI Quarters. Subsequently, on 29.12.2020, the complainant got information that his brother got admitted to the hospital on the background of quarrel between the petitioner and his father, where it revealed that the accused said to have assaulted his father-deceased with belt and thereafter poured boiling water on the body of the deceased and thereby committed murder. After registering the case, the Police arrested this petitioner on 29.12.2020. He was remanded to the judicial custody. His earlier bail petition came to be dismissed as withdrawn with liberty to file fresh petition vide order dated 16.12.2021. 4. Having heard the arguments and on perusal of the records, of course the information also gathered from the jail authorities which reveals that the petitioner is suffering from mental disorder. Of course, the complaint itself reveals that the petitioner was brought by his father-deceased for the purpose of treatment by getting consultation with Dr. Ruksana. The statement of the doctor also recorded by the Magistrate under Section 164 of Cr.P.C. where the accused said to have stated that he want to assault his father. The medical reports of the accused reveals that he was admitted to the NIMHANS Hospital from 16.04.2021 to 06.05.2021 was diagnosed as and continuously he was under treatment. Ruksana. The statement of the doctor also recorded by the Magistrate under Section 164 of Cr.P.C. where the accused said to have stated that he want to assault his father. The medical reports of the accused reveals that he was admitted to the NIMHANS Hospital from 16.04.2021 to 06.05.2021 was diagnosed as and continuously he was under treatment. The petitioner also said to be kept in the separate place in the jail where continuous treatment was given by the jail authorities through the Psychiatrist. It is also observed that there was unremarkable with normal biological functions, interactions with ward staff and fellow inmates was adequate. The doctor has also stated that on cross-sectional mental status examination patient denies any signs and symptoms suggestive of major mental illness and suicidal ideations. By looking to the facts and circumstances of the case which reveals that the petitioner is suffering from Schizophrenia with Cannabis Use Disorder and the father himself has brought the petitioner for treatment and to consult the psychiatrist on 26.12.2020 with Dr. Ruksana. Such being the case, if the petitioner is not provided with proper treatment in proper hospital, it is not possible to the Court to conduct trial against him. Apart from that, there was an injury found on the body of the deceased and the deceased was taken to the Bathroom where the hot water was poured on him and the same was caused to death. Therefore, considering the facts and circumstances of the case, the petitioner is in custody for almost one year two months and the entire investigation is completed and charge-sheet has been filed. Such being the case, for the purpose of treatment, I am of the opinion that the petitioner shall be released on bail on certain conditions. Hence, I pass the following ORDER Accordingly, criminal petition is allowed. The trial Court is directed to release the petitioner-accused on bail in Crime No. 155/2020 registered by Bharathi Nagar Police Station, Bengaluru for the offence punishable under Section 302 of IPC, subject to the following conditions: (i) Petitioner-accused shall execute a personal bond for a sum of Rs. Hence, I pass the following ORDER Accordingly, criminal petition is allowed. The trial Court is directed to release the petitioner-accused on bail in Crime No. 155/2020 registered by Bharathi Nagar Police Station, Bengaluru for the offence punishable under Section 302 of IPC, subject to the following conditions: (i) Petitioner-accused shall execute a personal bond for a sum of Rs. 5,00,000/- (Rupees Five Lakh only) with two sureties for the likesum to the satisfaction of the trial Court in S.C. No. 542/2021; (ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not tamper with the prosecution witnesses directly/indirectly; (v) Petitioner shall appear before the Court without causing any delay.