CRL.P.1463/2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON9BLE MR. JUSTICE K.SOMASHEKAR

CRL.P.No.1463/2019

BETWEEN:

SRI PRAJWAL

S/O RAMACHANDRA,

AGED ABOUT 41 YEARS,

R/AT NO.984, 2^ND PHASE,

VIJAYANAGAR 4^TH STAGE,

MYSURU CITY-570018.

...PETITIONER

(BY SRI C.RAJANNA, ADV.(ABSENT))

AND:

STATE OF KARNATAKA

BY VIJAYANAGARA POLICE STATION,

MYSURU CITY,

REP. BY ITS P.P.,

HIGH COURT BUILDING,

BANGALORE-560 001.

..RESPONDENT

(BY SRI RAHUL RAI.K., HCGP)

This criminal petition is filed under Section 397 r/w 401

Cr.P.C praying to set aside the order dated 11.12.2018 made in

S.C.No.245/2018 passed by the II Additional Sessions Judge,

Mysuru City and to allow the application filed by the petitioner

u/s 328 r/w Sec.329 and 330 of Code Criminal Procedure and

refer the petitioner to the psychiatrist or clinical psychologist

for care and treatment and call for report of the same.

CRL.P.1463/2019

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This petition coming on for Orders, this day, the Court

made the following:

ORDER

1.

None appears for the petitioner either physically or

through video conference. However, learned HCGP for the

State is present before the Court physically.

2.

This matter is listed for non-compliance of office

objections for the third time. Neither the learned Counsel for

the petitioner nor the petitioner who is an accused in

S.C.No.245/2018 is diligent or vigilant to cure the office

objections under the curial law to proceed further in this

matter in accordance with law.

3.

In this petition, petitioner is seeking to set aside the

order dated 11.12.2018 passed by the II Addl. Sessions

Judge, Mysuru City, in S.C.No.245/2018, wherein the

application filed by the accused under Section 328 read with

Sections 329 & 330 Cr.PC has been rejected.

4.

The charge sheet has been laid by the investigating

agency against the accused before the committal court i.e.,

JMFC-IV, Mysuru. The copy of the charge sheet has been

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furnished to the petitioner for compliance as under Section

209 of Cr.P.C,. In addition to that, the report of the

Department of Psychiatry, NIMHANS, Bengaluru, has been

produced relating to the treatment given to the accused. The

said report discloses the illness details, family history,

personal history, physical findings, the treatment given to the

accused in the hospital. Further, the discharge summary

reveals that the patient was on tapering dose of it in

observation report from prison. Later was change to

T.Clonazepam 0.5mg i/v/o sleep disturbances and also he

has not reported death wish or any suicidal ideas in last 10

days and also he reports his mood is also better now i/v/o

and has been recommended for discharge. These are all the

observations made by the Head of the Department of

Psychiatry, NIMHANS, Bengaluru. The out patient records

maintained by the K.R.Hospital, Mysuru, is also produced for

the purpose of perusal.

5.

Whereas in this petition, the order dated 11.12.2018

rejecting the application has been challenged by the accused.

The offences alleged against the accused, appears to be

CRL.P.1463/2019

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serious in nature and that of committing the murder.

Therefore, it is deemed appropriate to state that the petition

seeking intervention under Section 482 Cr.PC challenging

the order passed by the Trial Court in S.C.No.245/2018,

deserves to be rejected. Therefore, I proceed to pass the

following order.

6.

The petition filed by the petitioner/accused under

Section 482 Cr.PC is hereby rejected. Upon disposal of the

main petition, I.A.No.1/2019 is dismissed as it does not

survive for consideration.

Sd/-

JUDGE

KK