BENGALURU: The crucial trial of a incident in 2010 when a pregnant woman and her baby in the womb died due to the alleged negligence of doctors and hospital staff is stuck at the evidence stage.
This is because the doctor who conducted the autopsy on the deceased woman lost memory after he met with an accident in 2019 and is still not in a position to give evidence. His deposition is major material for the prosecution to prove its case against seven accused, including three doctors in the city.
The deceased pregnant woman, Kapali Patne, was admitted to Santhosh Hospital on April 16, 2010. She was shifted to the operation theatre (OT) on the first floor of the hospital for an elective operation.
At the OT, the accused staff negligently dropped Patne from the OT table at a height of 3-4 ft. She sustained a fracture of the left sacroiliac joint. As the accused doctors did not allegedly attempt to save her in time, Patne and her child in the womb died. The CID took up the investigation and filed the chargesheet.
For 348 days, no progress was made as the prosecution attempted to stall the trial
According to the order passed recently by Yashawanth Kumar, judge of 51st Additional City Civil and Sessions Court, the injured doctor, who is prosecution witness (PW) No 2, was examined in part on September 2019, and his further examination was deferred on the request of special public prosecutor. Later due to Covid, the case was adjourned repeatedly till October 2020. After issuing a summons to the doctor in November 2020, directing Bowring Hospital to produce the documents on December 1, 2020, the SPP submitted that the doctor had met with an accident and had been advised two-month bed rest.
On April 10, 2023, on the request of SPP, the court directed the Pulikeshinagar police to draw a mahazar and take the statements of the doctor’s relatives at his house to see if he could attend the court and give evidence. But the summons issued to the doctor returned with a report that he had lost memory due to the injury and he was not in a position to give evidence. The SPP again filed a memo seeking a detailed medical examination of the doctor at Nimhans.
On August 21, 2023, the Pulikeshinagar inspector submitted a report stating that the doctor was suffering from ultra sensorium and could not be taken to Nimhans. Then the NIMHANS chief doctor visited the doctor’s house and conducted a medical examination and submitted the report that the doctor has left-sided weakness, irritability, jitteriness, perseverance and impaired bowel and bladder control.
Again, the police informed the court that the doctor’s health was not stable and he refused to go hospital for a medical examination. As per the court’s directions, the prosecution proceeded by examining prosecution witnesses 15 to 27. The SPP told the court that the doctor’s condition has improved drastically and the court may direct Nimhans to conduct his medical examination.
The accused objected, saying it was not possible for the doctor’s health to improve. The memo was filed only to drag the case further. For 348 days, from January 17, 2023 to December 4, 2023, no progress was made as the prosecution attempted to stall the trial. Discharge summaries showed that the doctor was intoxicated at the time of the accident, they alleged.
The court on March 25, 2025, directed the medical superintendent of Nimhans to conduct a medical examination of the doctor and give a report and Pulikeshinagar police were directed to make arrangements to take the doctor to Nimhans. But the police informed the court on April 15 that the doctor had not cooperated. The hearing was adjourned to April 21.