JOSEPH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is present before the Court. The detenue by name Master Santhosh, aged 14 years, the grandson of petitioner is produced before the Court by Sri. Lingaraj, the Police Inspector, Annapoorneshwari Nagar Police Station, Bengaluru. In fact, we have examined the Child (detenue) and we find that he is not mentally sound.

(2.) The learned Additional Advocate General has also produced the Medical Certificate issued by the Department of Psychiatry, NIMHANS, Hosur Road, Bengaluru, in respect of the mental condition of the Child (detenue) certifying that, the Child (detenue) has been suffering from Mild Mental Retardation and his IQ is 51%, and he has suffered 50% of mental disability.

(3.) We have also examined the petitioner [the grandfather of the detenue (child)] present before the Court about his avocation and capability of taking care of the detenue (Child). He submitted that, he is an un- employee and his son is doing masonry work and he is the only bread-winner of the family, and his daughter, ie., the mother of the child (detenue) is also not keeping sound mental health. Therefore, the petitioner has no objection for the court passing appropriate orders regarding the proper care and protection of the detenue (Child), aged 14 years.