IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.50730/2019(GM-RES) BETWEEN:
MR. SRINIVASA, S/O NANJAPPA AGED ABOUT 37 YEARS NOW AT CENTRAL PRISON PARAPPANA AGRAHARA HOSA ROAD, ELECTRONIC CITY BANGALORE-560100.
...PETITIONER (BY SRI SIDDHARTH B. MUCHANDI, ADVOCATE) AND:
1 . STATE OF KARNATAKA, THROUGH ADDL.CHIEF SECRETARY HOME DEPARTMENT, VIKASA SOUDHA, AMBEDKAR VEEDHI, BANGALORE-560001.
2 . THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF PRISONS NO.4, SESHADRI ROAD, BANGALORE-560009.
3 . THE SUPERINTENDENT, CENTRAL PRISON, JAIL ROAD PARAPPANA AGRAHARA BANGALORE-560100.
…RESPONDENTS (BY SRI K. DILIPKUMAR, HCGP) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO SHIFT HIM UNDER POLICE ESCORT/SUPERVISION FROM CENTRAL PRISON AT PARAPPANA AGRAHARA, BANGALORE FOR PROVIDING MEDICAL TREATMENT FOR HEPATATIS-B, ANAL FISSURE AND CERVICAL LYMPHADENOPATHY AT MALLYA HOSPITAL, VITTAL MALLYA ROAD, BANGALORE OR ANY OTHER EQUIVALENT SUPER SPECIALITY HOSPITAL.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner in this writ petition has sought for a writ of mandamus directing the respondents to shift him under police escort/supervision from Central Prison at Parappana Agrahara, Bangalore for providing medical treatment for Hepatitis-B, Anal Fissure and Cervical Lymphadenopathy at Mallya Hospital, Vittal Mallya Road, Bangalore.
2. It is the case of the petitioner that he has been convicted for the offences punishable under Sections 302, 120(B), 324, 341, 427 r/w Section 34 of the Indian Penal Code by the Judgment of conviction and the order of sentence dated 16/20.11.2015 passed in S.C. No.99/2007 by the VII Addl. District & Sessions Judge, Bengaluru Rural district. Against the said Judgment of conviction and the order of sentence, the petitioner preferred Criminal Appeal No.109/2016 before this Court. The Division Bench of this Court allowed the Criminal Appeal No.109/2016 in part and acquitted the present petitioner – Srinivasa for the offence punishable under Section 120(B) of IPC and the conviction and the sentence for the remaining offences, is confirmed.
3. It is further case of the petitioner in October-2019, he has developed severe body pain, swellings, cough, loss of appetite and constipation and he has been infected by Hepatitis-B and the same was confirmed as positive on appropriate laboratory test and examination and he is also suffering from Anal fissure and cervical Lymphadenopathy. Further, he was undergoing treatment at Victoria Hospital, Bangalore. Inspite of taking treatment at Victoria hospital, he could not able to recover from the above diseases. Therefore, the petitioner is before this Court for a writ of mandamus directing the respondents to shift him under police escort/supervision from Central Prison at Parappana Agrahara, Bangalore for providing medical treatment at Mallya Hospital, Bangalore.
4. Sri K. Dilip Kumar, learned High Court Government Pleader, on instructions from Sri Jayaramaiah S.H, Assistant Superintendent of Prisons, Central Prison, Bengaluru submits that the Superintendent of Prisons is taking all care and precautions to provide treatment at Victoria Hospital and if the petitioner wants to take treatment in a private hospital, he himself has to bear all the medical expenses for his treatment.
5. Sri Siddharth B. Muchandi, learned counsel for the petitioner submits that the petitioner will bear all medical expenses for his treatment in Mallya Hospital. The said submission is placed on record.
6. In view of the above, the writ petition is disposed off directing the respondents and in particular the 3rd respondent – Superintendent of Central Prison, Parappanaha Agrahara, Bengaluru, who is present before the Court to shift the petitioner – Mr. Srinivasa under police escort/supervision from Central Prison at Parappana Agrahara, Bengaluru for providing medical treatment at Mallya Hospital, Vittal Mallya Road, Bangalore. It is made clear that the petitioner shall bear all the medical expenses towards his treatment at Mallya Hospital, Bengaluru.
7. Further, the 3rd respondent – Superintendent of Central Prison shall ensure that the petitioner shall not escape during the treatment period at Mallya Hospital from the clutches of law, in terms of the Judgment of conviction dated 1.10.2018 passed by the Division Bench of this Court in Criminal Appeal No.109/2016.
Accordingly, the Writ Petition is disposed off with the above observations.
Sd/- Judge Gss/-