Gauri Lankesh murder accused KT Naveen Kumar permitted by Karnataka High Court to seek treatment at private hospital

The Karnataka High Court recently permitted KT Naveen Kumar, who is one of the accused in the murder of activist-journalist Gauri Lankesh to seek treatment at a private multi specialty hospital [KT Naveen Kumar v. State of Karnataka]..The Bench of Justice K Natarajan said that a government hospital would not be able to provide necessary treatment for him."This court feels it is necessary to refer the petitioner to the multi-specialty hospital for proper treatment. The weight of the petitioner also gone upto 105 kilograms, even though he is not taking the food which reveals, the petitioner requires immediate treatment in multi-speciality hospital as the Government hospital will not be able to provide such treatments," the Court said. .Kumar is in judicial custody for the murder of journalist-activist Gauri Lankesh, and has been charged with offences punishable under Sections 109 (abetment) 114 (abettor present when offence committed), 118 (concealing design to commit offence punishable with death or imprisonment for life) 302 (murder), r/w 120B (criminal conspiracy) of the Indian Penal Code (IPC) and Sections 3(1)(i), 3(2), 3(3) and 3(4) (Punishment for organized crime) of the Karnataka Control of Organized Crime Act (KCOCA). .Kumar's case was that he has been suffering from kidney disease and other ailments and was undergoing treatment by jail authorities. However, he requires higher treatment a multi-specialty hospital as there is no facility available in the jail hospital or in government hospitals.He filed an application before the special court seeking permission for treatment in a private hospital, which was rejected, after which he approached the High Court. .The special counsel for the State objected on the grounds that the petitioner is accused of a serious offence, and if he is sent to a private hospital there is a chance of him fleeing. Government hospitals such as Sanjay Gandhi Hospital and Victoria Hospital are available for treatment, hence it is not necessary for him to be referred to a private hospital, it was submitted. .The Court examined the report of the jail hospital and the petitioner's previous hospital records, and noted that KT Naveen Kumar has been suffering from lower back pain, puffiness of face, swelling of the legs and feet, loss of appetite and has reddish patches all over the body, among other ailments. He was diagnosed with renal dysfunction due to acute nephritis syndrome, and requires treatment at a Nephrology Department. .Referring to the judgement of the Apex Court in Re-inhuman conditions in 1382 prisons, the Court noted that irrespective of offence committed by the accused, his health condition is deteriorating day by day and he requires adequate and proper treatment in a multi-specialty private hospital.Further, the Court noted that petitioner-accused was ready to pay his own treatment charges and would not burden the State, and was also willing to pay security expenses. .The Court thus set aside the order of the special judge for Karnataka Control of Organized Crime Act at Bengaluru, and directed the Superintendent of the jail to refer Kumar to Columbia Asia hospital for his treatment..The Court further directed that sufficient security forces be sent to shift the accused from the hospital and back, and during his treatment, for which he would have to bear the expenses with an advance of ₹1 lakh. Police authorities are to ensure that he does not meet anybody in the hospital except for his family members, and if there is any violation of conditions, he would be taken back to jail. .Advocate Sridhar Prabhu along with Advocate Suyog Herele E appeared for the petitioner while Special Public Prosecutor Ashok N Naik represented the State. .[Read Order]