RADHAKRISHNA KAMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The respondent No.2 has lodged the FIR alleging that her husband was admitted to Rangadore Memorial Hospital on 9/9/2014 for fistula surgery, and after a couple of hours of surgery, her husband was administered post operative treatment in the form of Sitz bath, and instead of providing warm water, boiling water was used to make the patient sit in the Sitz bath bucket by the water boy in the presence of duty doctor, due to which, the patient suffered deep burn injuries in the private parts and buttocks, and that, the hospital authorities blamed the patient. Initially, the hospital agreed to treat the burn injuries and perform surgery at their cost. However, the respondent No.2 was given an expensive bill though it was within their knowledge that the respondent No.2 was from a poor financial background. The respondent No.2 did not pay the bills, and she was wrongly restrained, abused in filthy language and threatened with dire consequence by the accused herein. The police, after the investigation, submitted the charge sheet for the aforesaid offences.

(2.) PW1, who is son-in-law of the first informant, tendered evidence, and in the said evidence, he has stated that, the petitioner - accused No.2 has submitted the forged bills and he along with the accused No.1 wrongly restrained the defacto complainant, and also threatened her with dire consequence and abused her in filthy language.

(3.) The prosecution filed an application under Sec. 319 of Cr.PC to arraign the petitioner as additional accused in view of the allegation made by PW1 in his examination-in-chief. The learned Magistrate, after issuing notice and hearing the petitioner, passed the impugned order arraigning the petitioner as an additional accused. Hence, this petition.