Gauri Lankesh Murder: Karnataka High Court Directs Jail Superintendent To Provide Treatment To Accused In Private Hospital

A single judge bench of Justice K Natarajan while allowing the petition, set aside the order of Special Court dated December 31, 2021 and said, "The Superintendent of jail is directed to provide treatment to the petitioner in the Columbia Asia hospital HSR Road, Bengaluru which is situated 7.7 kms from Parappana Agrahara Jail. The petitioner is also directed to bear the entire medical expenditures which will be charged by the hospital authority. The jail Superintendent is directed to provide sufficient security forces during the treatment and shifting the petitioner to the hospital and back."

It added, "The expenditures of the security forces shall be paid by the petitioner and as an advance he shall deposit Rs.1 lakh to the State Government towards the advance security expenditures. The remaining balance shall be payable after the calculations."

Further it said, "It is needless to say that the Police Authorities shall not allow any persons to meet the petitioner in the hospital, except family members of his own family. The superintendent of central prison is at liberty to impose any other condition regarding food etc., as he deems fit and proper. If any violation of the condition the petitioner shall be taken back to the jail."

Case Background:

The petitioner has been arrested by the police and he is in Judicial custody for the offenses punishable as per the Sections 109, 114, 118, 302, r/w 120B of IPC and Sections 3(1)(i), 3(2), 3(3) and 3(4) of the Karnataka Control of Organized Crime Act (KCOCA). He is suffering from kidney disease and other various ailments and he was continuously treated by jail authorities. However, the petitioner contended that he requires higher treatment in the multi-speciality hospital as there is no facility available in the jail hospital, as well in Government hospitals. Therefore, he filed an application before the Special Court, which came to be rejected.

Special Public Prosecutor Ashok N Naik opposed the plea filed by saying that the offense is heinous one, if he is sent to the hospital there is chance of fleeing away from justice. Further, there are Government hospitals like Sanjay Gandhi and Victoria hospital for providing treatment and it is not necessary to refer the petitioner to a private hospital.

Court findings:

The court on going through the medical records of the petitioner noted, "This court feels it is necessary to refer the petitioner to the multi-specialty hospital for proper treatment. The weight of the petitioner also gone up to 105 kilograms, even though he is not taking the food which reveals, the petitioner requires immediate treatment in multi-speciality hospital as the Government hospital will not be able to provide such treatments."

Accepting the statement of the counsel for the petitioner that he would bear the hospital treatment and security expenses, the court said, "Considering the facts and circumstances the petition deserves to be allowed. The impugned order of the special court dated 3.12.2022 passed by the Principal City Civil and Sessions Judge and Special Judge for Karnataka Control of Organized Crime Act at Bengaluru in Special Case No.872/2018, is hereby set aside."

Case Title: K T Naveen Kumar And The State of Karnataka

Case no: Criminal Petition 10232/2021

Citation: 2022 LiveLaw (Kar) 61

Date of Order:  February 25, 2022

Appearance: Advocate Shridhar Prabhu a/w Advocate Suyog Herele E for petitioner

Special Public Prosecutor Ashok N Naik for respondent