- 1 - HC-KAR NC: 2025:KHC:30549 CRL.P No. 12047 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 12047 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: MAMATHA D/O KALIKUMAR, PRESENTLY INPATIENT AT NATIONAL INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES (NIMHANS), HOSUR ROAD, BENGALURU-560029. OTHER ADDRESS, NO.C-157, 2ND CROSS, JANATHA COLONY, HALEGUDDADAHALLI BENGALURU. …PETITIONER (BY SMT. ANITA ABRAHAM, ADVOCATE) AND: STATE OF KARNATAKA BY J.J.NAGAR POLICE STATION, BENGALURU-560018. REPRESENTED BY S.P.P, HIGH COURT, BANGALORE. …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 02.02.2022 IN SPL.C.C.NO.1056/2019 AT Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30549 CRL.P No. 12047 of 2022 ANNEXURE-A ON THE FILE OF THE HON'BLE ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE AND DECLARE THE PETITIONER AS UNFIT TO STAND TRIAL AND DISCHARGE THE PETITIONER. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER In this petition filed under Section 482 of Code of Criminal Procedure, petitioner who is accused has challenged the order dated 02.02.2022, passed by the trial Court in Spl.C.C.No.1056/2019 and allow the application filed by her under Section 328(1) Cr.P.C. 2. In support of the petition, the petitioner has contended that the impugned order is passed without application of mind and it does not withstand legal scrutiny and deserves to be quashed. Petitioner is suffering from unsound mind and the same is established by the material on record and during his cross-examination, psychiatrist PW-1 who has examined the petitioner has admitted the - 3 - HC-KAR NC: 2025:KHC:30549 CRL.P No. 12047 of 2022 said fact. He has deposed that petitioner require constant treatment and supervisory medication. He has stated that petitioner has symptoms of delusions and hallucinations and she has chronic psychosis. Because of this, petitioner is unable to instruct her counsel and to take a definite defence. The erratic nature of behaviour pattern associated with the petitioner's mental illness is admitted by PW-1. In the light of the same, the trial Court has erred in rejecting the application filed by the petitioner and hence, the petition. 3. In support of his arguments learned counsel for petitioner has relief upon the decision in Mounesh Vs. State of Karnataka (Mounesh)1. 4. On the other hand learned High Court Government Pleader would submit that based on the application filed by the petitioner, she was examined the psychiatrist treating her as PW-1. After considering his evidence, the trial Court has rightly rejected the application 1 Crl.A.No.200117/2017 Dt.21.12.2020 - 4 - HC-KAR NC: 2025:KHC:30549 CRL.P No. 12047 of 2022 filed by the petitioner. In fact already recording of the evidence of majority of prosecution witnesses is completed and the defence counsel has successfully conducted their cross-examination. At the fag end of the trial, the application is filed. Rightly the trial Court has rejected the application and pray to reject this petition also. 5. Heard arguments and perused the record. 6. Based on the complaint filed by Manjunath, the brother of petitioner, case was registered in Cr.No.69/2019 and after conducting detailed investigation, charge sheet is filed by the concerned police against the petitioner for the offence punishable under Section 302 IPC and Section 75 of Juvenile Justice (Care and Protection) Act, 2015. In the charge sheet, it is alleged that about 4 years prior to the incident, Smt. Radha, the mother of petitioner brought a 3 day old male child from somewhere and started raising it. He was named Vishal @ Vijay. They along with accused and complainant Manjunath were living at No.C-157, Janatha Colony, 2nd Cross. Since Smt.Radha was behaving - 5 - HC-KAR NC: 2025:KHC:30549 CRL.P No. 12047 of 2022 erratically since one year, Vishal @ Vijay was taken care of by complainant Manjunath and petitioner. 7. On 21.05.2019, at 9.00 a.m, Smt.Radha left for work. It is alleged that at 12.30 p.m, when Visha @ Vijay demanded food, petitioner became angry and assaulted him and banged his head against the wall and covered his body in a rug and kept it in the room situated in the 2nd floor. At 1.00 p.m, when CW-2 Venkatesh went home for lunch, he saw injured Visha @ Vijay covered in a rug and he was taken to the hospital by CW-4 Chaitra and CW-5 Nandini. He was admitted to Victoria hospital. On 26.05.2019, at 7.30 a.m, while undergoing treatment, Visha @ Vijay died and thereby petitioner has committed the above said offences. 8. The trial Court after finding the petitioner able to understand the proceedings and capable of making her defence, proceeded to frame charge and held trial. Already majority of the prosecution witnesses are examined, except the investigating officers. - 6 - HC-KAR NC: 2025:KHC:30549 CRL.P No. 12047 of 2022 9. At this stage, the learned counsel who is representing the petitioner filed application under Section 328(1) Cr.P.C, to refer her to NIMHANS for her examination and report. The learned counsel for petitioner also filed application under Section 91(1) and (2) of Cr.P.C to summon the medical report of petitioner. Vide the impugned order dated 02.02.2022, the trial Court has rejected the application filed by petitioner under Section 328(1) Cr.P.C, but ordered for keeping the petitioner in lunatic asylum or in such place for constant medical supervision. 10. Aggrieved by the same, petitioner has come up with this petition. 11. It is pertinent to note that Suresh B.M, is the Psychiatrist and Head of the team of Psychiatrist, who examined the petitioner and given report. He is examined before the Court as PW-1. His evidence reveal that petitioner is suffering from Schizophrenia and since 2014, - 7 - HC-KAR NC: 2025:KHC:30549 CRL.P No. 12047 of 2022 she is under treatment under the child psychiatry and she was advised regular treatment and medicine. He has also deposed that as per the directions of trial Court, petitioner was examined and it is found that she is suffering from Schizo-affective disorder-treatment resistant. In view of severe illness, treatment resistance, multiple time she has stopped medicine, multiple relapses, poor family support and lack of supervision of her medicine, she is dangerous to others. However, the team has opined that on medication and supervision, the petitioner has moderately improved and can understand the trial. He has also opined that she is able to understand the proceedings. 12. In the medical records, from page 258-262, the Doctors have put several questions to the petitioner to ascertain, whether she is able to understand the questions and give rational answers, which are as under: "Q1. What are the charges framed against you? A: Murder case They told me that I killed my brother (Vishal). - 8 - HC-KAR NC: 2025:KHC:30549 CRL.P No. 12047 of 2022 Q2. What are the possible penalties if charges are proven? A: I will go to jail. Q3. What is bail and who grant it A: Bail is when you are out of jail with surety Q4. What is judgment? A: Judgment is when they tell what will happen to my case. Q5. What do you mean by appeal? A: Appeal is asking to give me bail Move madtavre. Q1. What are your rights as under trial prisoner? (prisoner's rights) A: I am more than 18 years. I have rights Q2. Who is the chief of the court? A: Yadiyurappa. Q3. What is the role of your lawyer in the court (defense counsel)? A: He will have to fight my case Q4. What is the role of a prosecution lawyer? A: The lawyer who fights my lawyer. Q5. How does your trial/case progresses? A: I will go to court. Then they will find me Q6. Do you know that there may be witness against you? A: My neighbours Q7. What should be done if one of the witnesses tells a lie against you? A: I will go to jail Q8. In which court will your trial take place? - 9 - HC-KAR NC: 2025:KHC:30549 CRL.P No. 12047 of 2022 A: High Court, Parappana Agrahara court. Q9. How will you help your lawyer to defend your case? A: I will do whatever she asks me to do. Q10. Do you trust your lawyer? A: Yes I do. Q.1. What should you do before answering the questions in the court of law? A. I will listen to my lawyer Bible mutbeku. Q2. What must you do if opposite lawyer asks you a question for which you do not know the answer? A. I will keep quite. Q3. What must you do if opposite lawyer ask certain provoking questions? A. I will keep quiet." 13. After thorough examination of the petitioner and in the light of improvement made in her health condition, the team of the Doctors have opined that, even though petitioner is suffering from Schizophrenia, she is in a position to understand and withstand the trial. In fact petitioner is being represented by the counsel and assisted her in conducting the cross-examination of the witnesses. Even the trial Court has also not found any impediment for - 10 - HC-KAR NC: 2025:KHC:30549 CRL.P No. 12047 of 2022 it to proceed with the trial on account of the ill health suffered by the petitioner. 14. However, vide the impugned order the trial Court has directed that the petitioner be kept in NIMHANS under constant supervision until further orders, with a direction to the hospital authority to submit quarterly report about her health condition. I have gone through the impugned order and also the evidence of PW.1 Suresh B.M and also the medical records. There is nothing to replace the opinion of PW-1 Suresh B.M, who is an expert and a Psychiatrist under whom the petitioner is taking treatment. There is no justifiable grounds to interfere with the impugned order. In the result petition fails and accordingly the following: ORDER (i) Petition filed by the petitioner/accused under Section 482 Cr.P.C is hereby rejected. - 11 - HC-KAR NC: 2025:KHC:30549 CRL.P No. 12047 of 2022 (ii) The Registry is directed to send a copy of this order to the trial court through e- mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 54