SRINIVASA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this writ petition has sought for a writ of mandamus directing the respondents to shift him under police escort/supervision from Central Prison at Parappana Agrahara, Bangalore for providing medical treatment for Hepatitis-B, Anal Fissure and Cervical Lymphadenopathy at Mallya Hospital, Vittal Mallya Road, Bangalore.

(2.) It is the case of the petitioner that he has been convicted for the offences punishable under Sections 302, 120(B), 324, 341, 427 r/w Section 34 of the Indian Penal Code by the Judgment of conviction and the order of sentence dated 16/20.11.2015 passed in S.C. No.99/2007 by the VII Addl. District and Sessions Judge, Bengaluru Rural district. Against the said Judgment of conviction and the order of sentence, the petitioner preferred Criminal Appeal No.109/2016 before this Court. The Division Bench of this Court allowed the Criminal Appeal No.109/2016 in part and acquitted the present petitioner - Srinivasa for the offence punishable under Section 120(B) of IPC and the conviction and the sentence for the remaining offences, is confirmed.

(3.) It is further case of the petitioner in October-2019, he has developed severe body pain, swellings, cough, loss of appetite and constipation and he has been infected by Hepatitis-B and the same was confirmed as positive on appropriate laboratory test and examination and he is also suffering from Anal fissure and cervical Lymphadenopathy. Further, he was undergoing treatment at Victoria Hospital, Bangalore. Inspite of taking treatment at Victoria hospital, he could not able to recover from the above diseases. Therefore, the petitioner is before this Court for a writ of mandamus directing the respondents to shift him under police escort/supervision from Central Prison at Parappana Agrahara, Bangalore for providing medical treatment at Mallya Hospital, Bangalore.