While dealing with a petition filed by Cloudnine Hospital challenging the police investigation into the alleged unnatural death of a patient, the Karnataka High Court on Tuesday (July 14) pulled up the police for failing to inspect medical equipment despite the hospital authorities having made arrangements in terms of the Court's earlier directions.

During the hearing, the Court also orally cautioned the hospital's counsel against communicating with police officials over phone calls, observing that the police could later deny such conversations if there was no written record.

The 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.

The inspection had been directed after the prosecution sought preservation and examination of data from the medical equipment used during the procedure.

Hospital's counsel Archana K.M. submitted that the hospital had invited the jurisdictional police sub-inspector to inspect the premises. Although the police assured they would visit, they failed to do so. The hospital even called the police officials and communicated via WhatsApp that the Operation Theatre would be kept available, without attending to any patients even in emergencies. Yet, no inspection was conducted, it is said.

At this juncture, the Court orally cautioned the counsel against such informal communication, observing that the police would deny everything if there is no written record. “Don't call them, they will deny everything. You should communicate in writing...otherwise, they will blame you and say nothing happened”, it observed orally.

In its order, the Court recorded,

“...Notwithstanding the same, the police inspector along with the technician as directed has not visited the hospital. The complainant submits that in the teeth of interim order of stay, the police have not taken the technician. To say the least, this submission is preposterous. This Court after granting the stay said that the hospital shall also facilitate the inspection of machine and instruments used during the time of operative procedure. The inspection was to be undertaken by a qualified technician, notwithstanding the interim order. The inspector cannot now say that there is an interim order and hence it was not done…”.

For context, the High Court had on July 07, stayed all proceedings against the hospital and its staff. It had said 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.

Now, the Special Public Prosecutor has submitted that if a date is given in advance by the Hospital, the technician can be brought from Hyderabad to inspect the equipment, including the Echo Cardio Gram machine.

“…The learned SPP submits that if the date is given in advance, the technician can be brought from Hyderabad in advance and made to inspect the machine. The Counsel for petitioner submits that the information would be given 3 days in advance, looking at the emergency cases in OT and inspection of instrument in OT has to be done. Therefore, I deem it appropriate to instruct the petitioner to communicate to the jurisdictional police within next 24 hours as and when it could be done. The interim order subsisting would continue till the next date of hearing…. List this matter on July 22, 2026”, the court concluded in the order.

The SPP had earlier pressed for preserving the Echo Cardio Gram Machine Data (ECG), stating that the hospital has refused to ECG recordings saying it's not available.

However, the petitioners had claimed that it was a 'running ECG' monitored during the surgery which could not record data.

The Court had then directed the hospital to permit inspection of the instrument by a technician from the very company that installed the machine.

Case No: Dr. Vinuta B. & M/s. Kids Clinic India Ltd. (Cloudnine Hospital) v. State of Karnataka & Konankunte Police Station

Case No: WP 19927/2026