IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.9757/2018 BETWEEN SRI. PRAJWAL R. S/O RAMACHANDRA AGED ABOUT 41 YEARS R/AT NO.984, 2ND PHASE VIJAYANAGAR 4TH STAGE MYSURU CITY-570 018 ... PETITIONER (BY SRI. C. RAJANNA, ADVOCATE) AND STATE OF KARNATAKA BY VIJAYANAGARA POLICE STATION MYSURU CITY REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 (BY SRI. K. P. YOGANNA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.150/2018 (S.C.NO.245/2018) OF VIJAYANAGAR POLICE STATION, MYSURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 201 AND 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent-State. Perused the records.
2. On careful perusal of the records, the entire charge sheet papers reveals that, the accused along with his wife Savitha and child by name Sinchana were residing in House No.984, 2nd Phase, Vijayanagar 4th Stage, Mysuru City. The accused was not doing any work. Therefore, the deceased Savitha was telling him to take share in the properties of his father. Because of that reason, the accused was not happy with his wife and he was also suspecting her conduct. In this context, it is alleged that he has decided to do away with the life of his wife Savitha. In this background, it is alleged that on 23.05.2018 at 12.00 noon, when the deceased Savitha was sleeping in the house, the accused, who was inside the house, took- out a steel knife and assaulted his wife Savitha mercilessly on her stomach and also slit her neck and thereafter, he also went to the house of CW.1 and brought back his daughter Sinchana and slit her neck also in his house, and thereafter, he made all arrangements to clean the blood stains on the floor of the house etc. On these allegations, the Police have registered a case and investigated the matter and collected sufficient materials against the accused. The materials collected by the Police disclose that, the accused and the deceased Savitha and Child Sinchana were all residing together in the said house and particularly the accused was very much present in the house as on the date of incident. Therefore, in my opinion, at this stage, there are sufficient materials to hold that, the prosecution has a prima facie case.
3. Learned counsel for the petitioner submitted that, the accused is suffering from mental illness and the NIMHANS hospital has diagnosed the accused for Dysthymia, which means persistent mild mental depression. The behavioral disorder according to said report of NIMHANS is due to alcohol and tobacco dependency. In support of his submission, he has also produced the discharge summary of Department of Psychiatry, NIMHANS, Bengaluru, dated 18.06.2018. A Careful perusal of the said document discloses that, the Doctor has opined that, ‘the patient (accused) was on tapering dose of it in observation report from prison. Later was change to T.Clonazepam 0.5 mg. i/v/o sleep disturbances. Patient 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 patient can be discharged’. Therefore, at this stage, the accused is not suffering from any such mental illness to release him on bail, on medical grounds.
4. Further learned counsel has also relied upon an out patient record dated 02.10.2018 issued by Krishna Rajendra Hospital, MMC & RI Irwin Road, Mysuru and submitted that, the doctor has specifically stated about the mental status of the petitioner. But, perusal of said document discloses that, except stating that, the accused was treated for depression and suicidal tendency and it is also stated therein that the patient was conscious and well-oriented in TPP and no active psychopathology and he was in psychiatry OPD for 20 days. Nothing worth has been stated by the Doctor that he requires treatment outside the jail. There is no material to show that the petitioner has not been treated properly in the jail. Be that as it may. The learned counsel also stated that, though the petitioner has also attempted to commit suicide by himself slitting his neck and causing injuries to other parts of the body, but he survived, that fact is also not a ground to release him on bail.
5. Merely because he attempted to commit suicide, will not in any manner absolve him from other offences committed by him. The court has to look into the prima facie materials as it is on record with regard to the death of the deceased Savitha and Child-Sinchana are concerned. Therefore, looking to the above facts and circumstances, I do not find any strong reason to release the petitioner/accused on bail. Hence, the bail petition deserves to be dismissed.
Accordingly, the petition is dismissed. However, the trial Court is directed to expedite the trial and dispose of the case as expeditiously as possible.
KGR* Sd/-
JUDGE