DR. NAGARAJ SANGAPPA KURI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under section 438 of Criminal Procedure Code, 1973 for grant of Anticipatory Bail in C.C. No.234/2017, pending on the file of the learned Senior Civil Judge and JMFC.,Hanagal, registered for the offences punishable under Sections 191, 193, 194, 195, 463, 466 R/W 34 of Indian Penal Code.

(2.) The petitioner is the Chief Medical Officer and Gynaecologist at Taluka Hospital Hanagal. The accusation against the petitioner is that, he made a false endorsement in the dying declaration relating to one Smt.Pavitra, W/o Girish Hunaginahalli, who was admitted to the Government Hospital, Hanagal with the history of burns. The said declaration is stated to have been given subsequently while she was under treatment in KIMS Hospital, Hubli, where she succumbed to the injuries on 31.08.2014.

(3.) During trial in S.C. No.28/2015 before the learned Prl. District and Sessions Judge, Haveri, the petitioner was examined as PW14. He deposed that the injured Smt.Pavitra was brought to the Government Hospital with history of burns and after initial treatment, she was referred to the specialized hospital. While the injured was being treated in the hospital, the investigation officer made a requisition to certify the condition and fitness of the injured to give her statement. Accordingly, he made an endorsement in the requisition form as per Ex.P24(a). The said injured was subsequently referred to KIMS Hospital, Hubli for further management. Thereafter, the Police Constable placed before him a statement attributed to the injured. The petitioner made an endorsement in the margin of the said statement to the effect "taken infront of me".