RAMACHANDRA AITHAL Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition was filed under S.482 of Code of Criminal Procedure, 1973 ('the Code' for short), to quash the charge sheet in Crime No.12/2010 of Hebri Police Station, Udupi District and also the entire proceedings against the petitioner/accused No.7, in S.C.No.18/2011, pending on the file of the Sessions Judge, Udupi.

(2.) The petitioner is a medical practitioner. He runs a maternity and general hospital called Sri Raghavendra Maternity and General Hospital at Hebri Town, Karkala Taluk, Udupi District. The said hospital is attached to the residence of the petitioner.

(3.) On 06.01.2010, Dr.Suresh Prabhu/Accused No.1, brought his wife Bhageerathi, in his Maruti Omni car, at about 9.30 p.m., and the petitioner came out of his residence and Bhageerathi was shifted to a stretcher, on Dr. Suresh Prabhu informing that she had snake bite. The petitioner, on examination of Bhageerathi, through a torch, outside of the house and hospital, found that Bhageerathi was brought dead. At the insistence of Dr. Suresh Prabhu, the petitioner arranged his ambulance to shift body of Bhageerathi to District Hospital, Udupi. The Doctor at District Hospital, Udupi, at about 10.30 p.m., declared Bhageerathi as having been brought dead and the body was shifted to mortuary at 11.30 p.m.