IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

MISCELLANEOUS FIRST APPEAL NO.2523 OF 2022 (MH)

BETWEEN:

SRI B S CHANDRASHEKAR

S/O SHIVASHANKAR,

AGED ABOUT 52 YEARS,

R/AT NO.497,

3^RD MAIN 16^TH MAIN, 1^ST BLOCK,

BANASHANKARI 1^ST BLOCK,

BENGALURU - 560 050

…APPELLANT

(BY SMT. REDDY ANANYA.B, ADVOCATE FOR

SRI. JEEVAN. K, ADVOCATE)

AND:

NIL

…RESPONDENT

Digitally

signed by THIS MFA FILED UNDER SECTION 76 OF MENTAL HEALTH

RAMYA D

Location: ACT, AGAINST THE ORDER DATED 06.04.2021 PASSED IN

HIGH COURT

OF

MISC.CASE NO.696/2016 ON THE FILE OF THE XXVIII

KARNATAKA

ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE MISCELLANEOUS PETITION FILED UNDER

SECTION 53 UNDER MENTAL HEALTH ACT.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

Though the matter is listed for admission, with the consent of learned counsel appearing for the appellant/petitioner, the matter is taken up for final disposal.

2. This appeal is filed by the appellant/petitioner challenging the order dated 06.04.2021 passed in Misc. Petition No.696/2016, which was filed under Section 53 of the Mental Health Act, 1987 (for short ‘the MH Act, 1987), praying to appoint the appellant/petitioner as guardian of one B.S. Rama Murthy, who is stated to be suffering from mental health diseases, but the said Misc. Petition was dismissed on the reasons that the Court had called for records of the NIMHANS, Bengaluru, and the Court wanted some clarifications on the report of NIMHANS, but either the learned counsel for the appellant/petitioner or the petitioner had not appeared before the Trial Court and also had not produced the family tree and the report (medical certificate) of NIMHANS, Bengaluru, and also there was no report from the petitioner’s side. Hence, dismissed the Misc. Petition.

3. Being aggrieved by the dismissal of the Misc.

Petition, the appellant/petitioner has filed this present appeal.

4. Learned counsel appearing for the appellant/petitioner submitted that the case be remanded to the Trial Court to consider the petition afresh and prays to set aside the order passed by the Trial Court.

5. It is the case of the appellant/petitioner that he is the elder brother of B. S. Rama Murthy, who is suffering from mental health diseases. Hence, there is a necessity to appoint a legal guardian of B. S. Rama Murthy and accordingly filed Misc. Petition under Section 53 of the Mental Health Act, 1987.

6. Considering the impugned order, though this Court does not find fault with the impugned order, the Court deems it fit to give one more opportunity to the appellant/petitioner to assist the Trial Court in this regard.

7. The appellant/petitioner shall have to clarify the records produced by NIMHANS and also assist the Court by producing the necessary documents. Hence, the impugned order passed by the Trial Court is liable to be set aside and the matter is remanded to the Trial Court for fresh consideration in accordance with law.

8. In the result, I proceed to pass the following:

ORDER

i. The appeal is allowed ii. The order dated 06.04.2021 passed in Misc. Petition No.696/2016 on the file of Principal City Civil and Sessions Judge, Bengarluru, is hereby set aside.

iii. The matter is remanded to the Trial Court for fresh consideration in accordance with law. For which, the appellant/petitioner shall cooperate with the Court for early disposal.

iv. No order as to costs.

SD/-

(HANCHATE SANJEEVKUMAR)

JUDGE SRA List No.: 1 Sl No.: 19