IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.28541/2019 AND WRIT PETITION No.30198/2019 (GM-RES) BETWEEN:
1. SRI M. K. RAMESH, S/O.LATE KRISHNAPPA, AGED ABOUT 80 YEARS, R/AT. HOUSE NO.22/7, SCHOOL ROAD, MADIKERE, KODAGU DISTRICT 571201.
2 . SMT. JAYALAKSHMI W/O.SRI.M.K.RAMESH, AGED ABOUT 75 YEARS, R/AT.HOUSE NO.22/7, SCHOOL ROAD, MADIKERE, KODAGU DISTRICT 571201.
...PETITIONERS (BY SRI GANAPATHI BHAT VAJRALLI, ADVOCATE) AND:
1 . THE SUB INSPECTOR OF POLICE DODDAPETE POLICE STATION, SHIMOGA-577201, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560001.
2 . SRI NARAYAN PRASAD S/O.LATE GANAPATI BHAT, AGED ABOUT 40 YEARS, R/AT.NO.49, 2ND FLOOR, 3RD CROSS, MARAPPA THOTA, J.C.NAGAR, BENGALURU-560006.
3 . NATIONAL INSTITUTE OF MENTAL AND HEALTH NEURO SCIENCES (NIMHANS) REPRESENTED BY ITS DIRECTOR, HOSUR ROAD, BENGALURU-560029.
…RESPONDENTS (BY SRI VIJAYKUMAR A PATIL, AGA FOR R1; MS. NAMRATHA, ADVOCATE FOR SRI VENKATESH P. DALWAI, ADVOCATE FOR R2; SRI HEMANTH KUMAR G.M., ADVOCATE FOR SRI A. MADHUSUDHANA RAO, ADVOCATE FOR R3) …… THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-3 TO GET RE-ADMITTED THE PETITIONERS DAUGHTER SMT. SUMANA PRASAD WHO IS IN THE CUSTODY OF RESPONDENT-2 FOR CLOSE DOOR TREATMENT AND FURTHER DIRECT THE RESPONDENT-2 NOT TO DISTURB THE TREATMENT OF THE PETITIONERS DAUGHTER SMT. SUMANA PRASAD DURING HER TREATMENT.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HERING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners in the above writ petitions have sought for a writ of mandamus directing the 3rd respondent to get re-admitted the petitioner’s daughter Smt.Sumana Prasad who is in the custody of 2nd respondent for close door treatment and direct the 2nd respondent not to disturb the treatment of the petitioners’ daughter during her treatment; initiate suitable enquiry with proper agency of the State regarding discharging the petitioners’ daughter Smt. Sumana Prasada without intimating the petitioners who had admitted their daughter to the third respondent hospital; and to direct the second respondent not to disturb the treatment of the petitioners’ daughter Smt. Sumana Prasad and also direct him to undertake before this Court not to disturb during the treatment period of the petitioners’ daughter.
2. This Court by the Order dated 11.09.2019, recorded as under:
“Mrs.Sumana Prasad, the daughter of the petitioners and wife of respondent No.2 is present before this Court.
When a query was put to her, she submitted that she is satisfied with her treatment which is administered to her in NIMHANS, Bengaluru. It is further stated by her that she will be appearing before the specialist doctor for NIMHANS, Bengaluru for regular check up on 28.09.2019.
In view of aforesaid submission made by the wife of respondent No.2 and the daughter of the petitioners, it is directed that the Specialist Dr.Shyam Sundar, who has been examining the Mrs.Sumana Prasad at NIMHANS, Bengaluru, shall submit a report in detail in a sealed envelope with regard to the mental status of Mrs.Sumana Prasad and with regard to the treatment to be given to her.”
3. In view of the aforesaid Order, Dr. Shyam Sundar, Additional Professor, Department of Psychiatry, NIMHANS, Bengaluru, has addressed letter/report dated 03.10.2019 to the Registrar General, High Court of Karnataka, Bengaluru, which reads as under:
“Ms.Sumana Prasad, P/427928, received in- patient care at NIMHANS between 16th March 2019 and 1st May 2019. As per the history elicited during her in-patient stay from her father, she has been suffering from continuous illness since 2003, characterized by multiple delusions and hallucinations. On examination, she had delusion of persecution, delusion of love, auditory hallucinations and poor insight during her in-patient stay. Based on the above she has been diagnosed with schizophrenia and treated with tablet and injection flupenthixol, with which she improved gradually over the next few weeks. She did not have any delusions or hallucinations at the time of discharge on 1st May 2019. Post-discharge, she has been under regular follow-up from the psychiatry OPD of NIMHANS and has remained asymptomatic.
She was evaluated in detail along with her husband on 28th September 2019. She is apparently doing well, and taking her medicines regularly. There are no symptoms or signs of schizophrenia such as delusions, hallucinations etc. Her mood is stable. She is able to carry out household responsibilities and hold a job as music teacher. She and her spouse are aware of her illness and need for medication. We have advised her regarding the need to continue regular medication and follow-up.”
4. Smt.Sumana Prasad, daughter of the petitioners and wife of the 2nd respondent is present before the Court. When query was made, she submitted that, in view of the treatment administered to her in NIMHANS, she is alright and there is no problem to her. Sri Narayana Prasad–respondent No.2 is also present before Court and submits that he will continue the treatment to his wife and it is his duty. The submission is placed on record.
5. In view of the above, writ petitions are disposed off with a direction to the second respondent to take care of his wife by providing regular medication and follow up treatment as dutiful husband. The petitioners if they have any amount with them, they are at liberty to deposit it in the name of their daughter in any nationalized bank so that the said amount can be utilized by Smt.Sumana Prasad for her medication.
Sd/- JUDGE kcm