M B PONNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) GOVERNMENT pleader is directed to take notice.

(2.) HEARD the counsel for the petitioner and the government pleader for the state.

(3.) THE petitioner who is an accused in cc No. 130 of 1995 on the file of j. m. f. c. , madikeri for offences under sections 189, 332 and 506 (1) of the IPC was released on bail on 20-2-1995 at the investigation stage with conditions. Later conditions of bail were relaxed and the petitioner was directed to appear before court on being summoned. On a final report being filed, summons were issued to the accused. The accused petitioner claims that on account of mental illness, he could not appear before court, being treated in different hospitals at mysore, Bangalore, udupi and the nimhans, Bangalore and in kerala. Meanwhile, the sureties being unable to trace and produce the accused, paid the penalty imposed on them by the court. The case was transferred to the long pending case register, with no immediate prospect of apprehension of the petitioner. A non-bailable warrant for arrest of the petitioner, as per rules, is pending with the police. The petitioner's apprehension is that when he appears before the court to face trial of the offence alleged, he would be taken to judicial custody resulting in aggravation of his illness. The petitioner's prayer is that the order dated 20-1-2000 for his arrest on transfer of the case to long pending case register be set aside and to enquire into his mental condition.