SANTOSH VYANKATESH KSHIRASAGAR Vs. STATE OF KARNATAKA THROUGH

JUDGEMENT

(1.) The petitioners in the above said two cases respectively arraigned as accused Nos.1 and 3 in C.C.No.515/2017 on the file of the Principal Civil Judge (Sr.Dn.) & CJM, Bidar. The respondent No.2 herein is the de-facto complainant, who is also represented by a counsel before this Court.

(2.) I have heard the learned counsel for the petitioners and the learned High Court Government Pleader and the counsel appearing for respondent No.2. I have carefully perused the materials available on record.

(3.) It is evident from the record that, the 2nd respondent has lodged an FIR in crime No.212/2015 for the alleged offences under Section 304 (A) read with Section 34 of IPC against the petitioners and others on the allegations that, his daughter by name Sangeeta aged 17 years, who was studying in I PUC, was suffering from appendix problem. On 29.08.2015 at 11.00 a.m. he went to government hospital Bidar and admitted his daughter to Government Bidar Institute of Medical Sciences and Teaching Hospital. On the same day, operation was done and from 29.08.2015 to 01.09.2015, all the doctors attached to the said hospital went on strike. Due to non taking care of the victim patient on 2.09.2015, she suffered some inconvenience due to the post operation problems. Immediately, the complainant went to one Dr. Virupaksha Gadagi, Dr. Kshirasagara and also other doctors and requested them to attend & take care of his daughter. But all the doctors refused to attend the patient and thereby they have not given treatment to the victim girl and due to the said negligence, the said girl died on 03.09.2015 at about 12.30 p.m.