- 1 - HC-KAR NC: 2025:KHC:22575 WP No. 13981 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13981 OF 2025 (GM-RES) BETWEEN: MRS. ELIYAMMA, AGED 56 YEARS, W/O MR. YOHANAN, RESIDING ABBANAKERE HOUSE NAVURU VILLAGE, BELTHANGADY TALUK, D K DISTRICT – 574 214 …PETITIONER (BY SRI. VIKRAM RAJ A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BELTHANGADY POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE – 560 001 2. MR. MATHEW ANTONY AGED ABOUT 56 YEARS, S/O ANTONY, R/AT BADEKKAVU HOUSE, NAVURU VILLAGE, BELTHANGADY TALUK, D K DISTRICT – 574 214 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22575 WP No. 13981 of 2025 IMPUGNED ORDER DATED 09-04-2025 WHICH IS PRODUCED AT ANNEXURE-E, PASSED BY HON’BLE IV ADDL. DISTRICT AND SESSIONS JUDGE, D.K AT MANGALURU IN S.C.NO.142/2022 AND CONSEQUENTLY ALLOW THE PETITIONER TO LEAD DEFENCE EVIDENCE BY SUMMONING DR. SHIVANI SIVARAMAKRISHNAN, SENIOR RESIDENT, PSYCHIATRIST, DEPARTMENT OF PSYCHIATRY, NIMHANS, BENGALURU i.e. THE WITNESS SOUGHT TO BE SUMMONED IN THE SAID APPLICATION DATED 15-03-2025 FURNISHED AT ANNEXURE-M FOR THE PURPOSE OF DEPOSING ABOUT THE FACT PERTAINING TO THE HEALTH CONDITION AND TREATMENT GIVEN TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the accused in S.C.No.142/2022 is directed against the impugned order dated 09.04.2025 passed by the IV Additional District and Sessions Judge, Bengaluru (for short “the Trial Court”) whereby the application filed by the petitioner-accused under Section 233 Cr.P.C. to permit the petitioner to adduce defence evidence and examine Dr. Shivani Sivaramakrishnan, Senior Resident, Psychiatrist, Department of Psychiatry, NIMHANS, Bengaluru, who is supposed to have treated the - 3 - HC-KAR NC: 2025:KHC:22575 WP No. 13981 of 2025 accused and for a direction to her to produce the documents, was rejected by the Trial Court. 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner, who is accused in the aforesaid proceedings, was initially filed against him for the offence punishable under Section 302 of IPC, filed an application under Section 328 of Cr.P.C., which was dismissed vide order dated 26.07.2023, which was assailed by the petitioner in W.P.No.21206/2023, which was disposed of as withdrawn vide final order dated 04.07.2024. Subsequently, the petitioner filed the instant application under Section 233 Cr.P.C., seeking the aforesaid reliefs, which came to be dismissed by the Trial Court on the sole ground that the earlier application was rejected and challenge to the same was withdrawn by the petitioner. It is relevant to state that apart from the contentions urged in the present petition, having regard to the specific assertion on the part of the petitioner that she is not guilty of the alleged offences on account of delusional disorder suffered by her and - 4 - HC-KAR NC: 2025:KHC:22575 WP No. 13981 of 2025 getting treated by Dr. Shivani Sivaramakrishnan, Senior Resident, Psychiatrist, Department of Psychiatry, NIMHANS, Bengaluru, examined pursuant to the directions issued by this Court in W.P.No.21206/2023, the oral and documentary evidence of the said witness/Doctor would be relevant and material for the purpose of adjudication of the issues in controversy between the parties and as such, the Trial Court clearly fell in error in passing the order rejecting the application filed by the petitioner and the application filed by the petitioner deserves to be allowed, without expressing any opinion on the merits/demerits of the rival contentions. 4. In the result, I pass the following: ORDER i) The petition is allowed. ii) The impugned order at Annexure-E dated 09.04.2025 passed in S.C.No.142/2022 by the IV Additional District and Sessions Judge, D.K., Mangaluru, is hereby set aside. iii) The application filed by the petitioner u/s. 233 Cr.P.C. stands allowed. iv) The trial Court is directed to issue summons to the witness mentioned in the application viz., Dr. Shivani - 5 - HC-KAR NC: 2025:KHC:22575 WP No. 13981 of 2025 Sivaramakrishnan, Senior Resident, Psychiatrist, Department of Psychiatry, NIMHANS, Bengaluru, and proceed further, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 18