IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JUNE, 2022

BEFORE

THE HON9BLE MR. JUSTICE HEMANT CHANDANGOUDAR

CRIMINAL PETITION NO.2231 OF 2019

BETWEEN:

1.

DR. GURUPRASAD,

S/O BETTASWAMY,

AGED ABOUT 38 YEARS,

VYDEHI INSTITUTE OF MEDICAL SCIENCE,

NO.82, NALLURAHALLI,

NEAR BMTC 18^TH DEPOT,

WHITEFIELD, BENGALURU 3 560 066.

2.

DR. RAJESH R RAYKAR,

S/O RATHNAKAR RAYKAR,

AGED ABOUT 41 YEARS,

VYDEHI INSTITUTE OF MEDICAL SCIENCE,

NO.82, NALLURAHALLI,

NEAR BMTC 18^TH DEPOT,

WHITEFIELD, BENGALURU 3 560 066.

... PETITIONERS

(BY SRI. A.H. BHAGAVAN, ADVOCATE)

AND:

1.

STATE OF KARNATAKA

BY HIGH GROUNDS POLICE,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDINGS,

BENGALURU 3 560 001.

2.

SMT. RUKMINIYAMMA @

ANTHONIYAMMA,

W/O LATE VIJAYAKUMAR,

AGED ABOUT 45 YEARS,

2

ASHRYA BADAVANE, KALYAN NAGAR,

CHICKAMAGALURU 3 577 102.

... RESPONDENTS

(BY SRI. S. VISHWAMURTHY, HCGP FOR R1;

SRI. H. SUNIL KUMAR, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 OF THE CODE OF CRIMINAL PROCEDURE BY THE

ADVOCATE FOR THE PETITIONER PRAYING THAT THIS

HON9BLE COURT MAY BE PLEASED TO (a) SET ASIDE THE

ORDER DATED 10.12.2018 OF THE LXX ADDITIONAL CITY

CIVIL

AND

SESSIONS

JUDGE

(SPECIAL

JUDGE

FOR

PREVENTION

OF

ATROCITIES),

BENGALURU

IN

PCR

NO.63/2018;

(b)

QUASH

THE

FIR

IN

CR.NO.33/2019

(PCR NO.63/2018) RESPONDENT NO.1 POLICE PENDING ON

THE FILE OF LXX ADDITIONAL CITY CIVIL AND SESSIONS

JUDGE (SPECIAL JUDGE FOR PREVENTION OF ATROCITIES),

BENGALURU.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

A private complaint is filed by respondent No.2

under Section 200 of Cr.P.C., alleging that the petitioners

3accused forcibly operated the complainant9s son for

removing the blood clot in the brain and due to the

negligence and improper treatment given

by the

petitioners 3 accused, her son is experiencing unbearable

pain in the head and on his left hand and his leg has

been paralyzed and he cannot move. It is further alleged

that respondent No.2 lodged the FIR before the

3

Whitefield Police Station in Crime No.45/2018 alleging

medical negligence for the offence punishable under

Section 338 of IPC. The police referred the FIR to

Karnataka Medical Council for further investigation so as

to find out whether there was medical negligence on the

part of the petitioners 3 accused in treating the

complainant9s son.

Further, it is alleged that on 13.10.2018, when she

appeared

before

the

Medical

Council

for

cross-

examination, at that time, accused Nos.1 and 2

threatened her with dire consequences and gave threat

to her life and also tried to assault her and blocked her

path and further alleged that they abused by stating that

she belongs to lower caste. The learned Magistrate

referred the complaint for investigation under Section

156(3) of Cr.P.C. The police registered the FIR in Crime

No.33/2019 for the offences punishable under Sections

120(B), 340, 341, 342, 420, 504, 506 r/w 34 of IPC and

Section 31(s) of the SC and ST (Prevention of Atrocities)

Act, 1989. Taking exception to the same, this petition is

filed.

4

2.

Sri. A.H. Bhagavan, learned counsel appearing

for the petitioners submits that the dispute between the

parties arises out of the alleged medical negligence in

treating the complainant9s son and the complaint is filed

as an afterthought so as to harass the petitioners 3

accused with ulterior motive to wreak vengeance against

them. He further submits that the offences alleged

against the petitioners 3 accused are cognizable and in

the absence of an affidavit filed along with the complaint,

the complaint is not maintainable for not complying with

Section 154(1) and 154(3) of Cr.P.C. In support of the

same, reliance is placed on the decision of the Hon9ble

Apex

Court

in

the

case

of

MRS.

PRIYANKA

SRIVASTAVA AND ANOTHER v/s ST