'Hospital OT Is Not Your Police Station': Karnataka High Court Pulls Up IO For Allowing Deceased Patient's Family Inside Operation Theatre

The Karnataka High Court on Wednesday (July 22) pulled up the police investigating the alleged unnatural death of a patient at Cloudnine Hospital, questioning the Investigating Officer (IO) over the presence of five members of the deceased's family, including her husband, inside the operation theatre during an inspection conducted pursuant to the Court's earlier directions.

A single-judge bench of Justice M. Nagaprasanna was hearing a petition filed by Dr. Vinuta B. and M/s Kids Clinic India Limited, which operates Cloudnine Hospital, challenging the police investigation into the death of a patient who underwent a polypectomy procedure on May 20, 2026.

Expressing strong displeasure over the manner in which the inspection was conducted, the Court asked the Investigating Officer:

“…Why did you take the husband and 5 members along with you inside the OT? Who permitted you? You are the IO... who permitted you to take others into the OT? It is hospital OT and not your police station to take everybody!”

The Court orally cautioned the officer against showing “extra indulgence” to the complainant's family, observing that the hospital and its staff cannot be put in jeopardy because of an unfortunate incident.

“…This is the result of undue indulgence in UDR case... you want to know the reason of death... reason is there... The direction was to go and inspect the OT...Mr. IO if you show extra indulgence in listening to the complaints family, you will be in trouble,” the Court said orally.

Earlier, the High Court had stayed all proceedings against the hospital and its staff, observing that while the case is a 'tragic' one, the Police cannot be "doctoring" or summoning female staff, and it is for the Medical Board to collect the data.

Subsequently, the Court had directed the hospital to permit inspection of the medical instruments used during the procedure.

During Wednesday's hearing, counsel for the hospital submitted that despite making arrangements in terms of the Court's directions, the inspection was not carried out in accordance with the prescribed procedure.

“We sent a mail, according to your lordships order, technicians of Mahindra company along with IO was supposed to come and visit. The technician along with IO and five other family members come and barge into the OT, allows the husband also into the OT,” hospital's counsel said.

The counsel further alleged that the Investigating Officer permitted the deceased's husband to ask questions during the inspection and record the entire exercise on video.

“…Now I begin to question …these UDR investigations. The Police send 8 notices to women staff summoning them to Police Station... Now violating your lordships order, permits the husband[of deceased] to the OT. I am also told IO has taken a video of entire procedure of investigation... Let the IO produce that and give us a copy of the video”, the counsel submitted.

After hearing the submissions, the Court orally remarked, “An unfortunate event has happened... does not mean that the hospital and staff are all put to peril”.

The bench also sought clarity regarding the report prepared by the technician after the inspection of the medical equipment. The State informed the Court that the report would be made available by July 23.

Case Title: Dr. Vinuta B. & M/s Kids Clinic India Ltd. (Cloudnine Hospital) v. State of Karnataka & Ors.

Case No: WP 19927/2026