BENGALURU: The Karnataka High Court discharged a woman sub-inspector of the Central Industrial Security Force (CISF) from the case in which she was booked for attempting to commit suicide by firing one round from her service pistol at her abdomen, because she was unable to conceive for several years due to severe mental distress.
At the same time, the court advised the Director General of CISF and the Director General of Karnataka to address the mental health and overall well-being of personnel serving in the police and other security forces, in view of this case concerning a Sub-Inspector in the CISF who, by virtue of her official duties, had access to a service firearm which she used in an attempt to take her own life.
The court called upon the concerned authorities to examine their existing policies and take appropriate steps to strengthen the mental health and welfare measures for personnel serving in the armed forces, police and other security organisations, while also ensuring the safe and responsible use of firearms.
Holding that Section 115 of the Mental Health Care Act, 2017 does not repeal or efface Section 309 of the IPC (attempt to commit suicide), but it displaces the operation of Section 309 in respect of a person who has attempted to commit suicide and is presumed to be under severe stress, the court ruled that the presumption under Section 115 of the Act is required to be considered by the investigating officer during the course of investigation and while deciding whether to file a charge sheet under Section 309 of the IPC.
The Magistrate is equally required to consider the said presumption while deciding an application for discharge under Section 239 of the CrPC. However, the Magistrate does not consider the effect of the statutory presumption or examine whether the prosecution material contains anything capable of rebutting it.
It also does not consider the circumstances in which the petitioner sustained the gunshot injury, including the medical history relied upon by her, the High Court said.
Justice Suraj Govindaraj passed the order while allowing the petition filed by a woman sub-inspector from Dakshina Kannada, presently working in New Delhi, challenging the order dated December 26, 2024, by the Magistrate rejecting her application for discharge from the case.
The petitioner was married in 2015 and had been unable to conceive for several years. She was informed that she had a blocked fallopian tube and that the condition would affect her ability to conceive. She consulted doctors in Kolkata, Jaipur and Mumbai and underwent IVF treatment between 2020 and 2022.
Despite these efforts, she was unsuccessful. On October 12, 2022, while she was working in Dakshina Kannada, she was 36 years old and fired one round from her service pistol at her abdomen.
She sustained serious injuries and underwent major surgery and prolonged hospitalisation. Due to the nature of the incident, she had to bear the medical expenses from her own pocket. Disciplinary proceedings were also initiated against her.
