- 1 - NC: 2025:KHC:17989 WP No. 11713 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11713 OF 2025 (GM-RES) BETWEEN: SHRIDHAR R, S/O M.H. RAJAN, AGED ABOUT 63 YEARS, RESIDING AT NO. 62, 10TH A CROSS, WOC ROAD, MAHALAKSHMI LAYOUT, BENGALURU - 560 086. …PETITIONER (BY SRI. VINAYAK VAMANRAO KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY AND CHAIRMAN STATE MENTAL HEALTH AUTHORITY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KARNATAKA, NO.105, 1ST FLOOR, VIKASA SOUDHA, BENGALURU - 560 001. 2. CHIEF EXECUTIVE OFFICER, OFFICE OF THE STATE MENTAL HEALTH AUTHORITY, 4TH FLOOR, WEST WING, AROGYA SOUDHA, BENGALURU - 560 023. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17989 WP No. 11713 of 2025 3. CHAIRMAN AND DESIGNATED AUTHORITY AT DISTRICT LEVEL, DEPARTMENT FOR THE EMPOWERMENT OF DIFFERENTLY ABLED AND SENIOR PERSONS, BENGALURU URBAN DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, BENGALURU URBAN DISTRICT, BENGALURU - 560 009. 4. INSPECTOR OF POLICE, BYATARAYANAPURA POLICE STATION, BENGALURU CITY POLICE, BENGALURU - 560 060. 5. SUPERINTENDENT OF POLICE, CENTRAL PRISONS, PARAPPANA AGRAHARA, BENGALURU CITY, BENGALURU - 560 076. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION / ANY OTHER WRIT TO CALLING UPON RESPONDENT NO. 2 AND 3 AUTHORITIES TO HOLD ENQUIRY INTO THE MATTER AS PROVIDED IN THE REPRESENTATION BY THE PETITIONER DATED 14.03.2025 PRODUCED AT ANNEXURE-E IN TIME- BOUND MANNER, UNDER THE SUPERVISION OF THIS HONBLE COURT, CONSEQUENTLY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17989 WP No. 11713 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "1. Issue writ of Mandamus or Direction / any other writ to calling upon Respondent No.2 and 3 authorities to hold enquiry into the matter as provided in the representation by the petitioner dated 14.03.2025 provided in the representation by the petitioner dated 14.03.2025 produced at Annexure -E; in time-bound manner, under the supervision of this hon'ble court, consequently; 2. Issue writ of mandamus or direction to the Respondent No.4 to provide suitable protection to the Sri. Vishwanath until the proceedings under the Mental Healthcare Act, 2017 are held and decided; and 3. Permit the petitioner to act as "Guardian" or "Caregiver" to provide mental healthcare to the said Vishwanath under Section 77 of the Mental Healthcare Act, 2017; and allow to gain all consequent rights, powers under the Mental Healthcare Act, 2017; and 4. Issue writ of mandamus / or writ mandamus/ direction or any other appropriate writ to the Respondent No.1 to 4 to ensure to third party rights are created over the Immovable and movable assets belonging to the said Vishwanath. 5. Issue such other order or direction this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice." 2. Heard Shri Vinayak Vamanrao Kulkarni, learned counsel appearing for the petitioner and Shri Mohammed Jaffar - 4 - NC: 2025:KHC:17989 WP No. 11713 of 2025 Shah, learned Additional Government Advocate appearing for the respondents. 3. The petitioner is said to be the next friend of the convict one Shri Vishwanath. He is said to be suffering from schizophrenia. In that light, the petitioner has submitted a representation to act as a caretaker or guardian of the said convict Shri Vishwanath in terms of the provisions of the Mental Healthcare Act, 2017 ('the Act' for short). The said representation has not yet met its consideration at the hands of respondents No.1 to 3. 4. The learned Additional Government Advocate would submit if reasonable time is granted, an enquiry would be conducted in terms of the Act and appropriate orders would be passed, in accordance with law. 5. Recording the said submission, I deem it appropriate to dispose the petition directing respondents No.1 to 3 to hold an enquiry in terms of the Act on consideration of the representation of the petitioner and pass necessary orders, in accordance with law and communicate the orders so passed - 5 - NC: 2025:KHC:17989 WP No. 11713 of 2025 to the petitioner, within three months, from the date of receipt of the copy of this order. Ordered accordingly. All other contentions shall remain open. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 82 CT: BHK