Karnataka High Court Weekly Round-Up: July 10 To July 16

Nominal IndexGopala Sadashiva Gayatri & others And State By Girinagara Police & ANR. 2023 LiveLaw (Kar) 258Lalitha Siddi And State Of Karnataka & ANR. 2023 LiveLaw (Kar) 259Karnataka Growers Federation And Government of India. 2023 LiveLaw (Kar) 260Rajesh K S N And State By Karnataka Through Mangalore Women Police Station. 2023 LiveLaw (Kar) 261V Jagdish Bhatija & ANR And State of Karnataka. 2023 LiveLaw (Kar) 262Dr Shyamala Bai & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 263Harish Kumar A And State of Karnataka & ANR. 2023 LiveLaw (Kar) 264Gopal & ANR And The Deputy Commissioner & Others. 2023 LiveLaw (Kar) 265Miss Jirewad Kalyani Sunil AND State of Karnataka & Others. Citation: 2023 LiveLaw (Kar) 266Judgments/OrdersCan't Be Taken Lightly: Karnataka High Court Refuses To Quash Proceedings Against Five For Allegedly Demanding Money To Withdraw PIL Against Mutt Case Title: Gopala Sadashiva Gayatri & others And State By Girinagara Police & ANRCase No: CRIMINAL PETITION NO.4835 OF 2021Citation: 2023 LiveLaw (Kar) 258The Karnataka High Court recently dismissed a petition filed by five persons seeking to quash proceedings initiated against them for allegedly demanding money from the Chief Administrator Officer of Ramachandrapura Mutt for withdrawing a PIL filed by Gokarna Hitha Rakshana Samithi against the Mutt, alleging financial irregularities.A single judge bench of Justice K Natarajan said, “Considering the facts and circumstances of the case, the offence committed by the accused cannot be taken in a lighter way as they have filed PIL case and demanded Rs.5 crores for withdrawing the said case and were caught red handed while accepting Rs.10 lakh. The Police have thoroughly investigated the matter and filed the charge sheet. Therefore, there is a prima facie material for framing of charges against the accused persons. Therefore, the proceedings cannot be quashed.”POCSO Court Bound To Determine Compensation Considering Gravity, Victim's Status; Role Of DLSA Is Only To Enforce It: Karnataka High Court Case Title: Lalitha Siddi And State Of Karnataka & ANRCase No: CRIMINAL APPEAL NO. 100269 OF 2022Citation: 2023 LiveLaw (Kar) 259In the context of PCOSO trials, the Karnataka High Court has held that only the special court has power to quantify the compensation to the child victims under NALSA scheme and that DLSA is under legal obligation to give effect to the compensation determined by the special Court.It added that while determining compensation, the trial court has to consider the evidence on record, nature of injury suffered by the victim, the circumstance under which the offence has been committed, the need of victim child for rehabilitation, medical treatment, education of the victim, etc.A single judge bench of Justice Anil K Batti sitting at Dharwad observed, "It is obligatory on the part of Special Court Judges under POCSO Act to determine appropriate compensation to which victim child is entitled in the light of NALSA's scheme and Rule 9 of [POCSO] Rules 2020 till the framing of a compensation scheme specifically for a child victims in POCSO cases. The role of DLSA is to enforce the compensation determined by the Special Court and to make payment to victim child in terms of Rule 10 of Rules 2020 in compliance with the circular issued by this court as referred above."Karnataka High Court Says Healthcare Centres Be Connected With Control Rooms To Attend Those Injured In Man-Animal ConflictsCase Title: Karnataka Growers Federation And Government of IndiaCase No: WP 24307/2022Citation: 2023 LiveLaw (Kar) 260The Karnataka High Court on Tuesday suggested that 24*7 control rooms set up by State government for receipt of information about man-animal conflicts in areas surrounding forests be connected with Civil hospitals and Primary Healthcare Centres for immediate attention to those injured.It said “We direct the State government to extend the access of control room to the nearest Primary Health Centre (PHC) and the District Civil Hospital, through the Resident Medical Officer of PHC and Civil Surgeon attached to Civil hospital, so that in case an information in respect of some seriously injured person is shared with the control room, it can forward it to nearest PHC and or the District Civil hospital and on receipt of such information necessary medical assistance or first aid can be provided to injured."Karnataka High Court Refuses To Quash Law Intern's Rape FIR Against Advocate, Says It May Have Chilling Effect On Legal Profession Case Title: Rajesh K S N And State By Karnataka Through Mangalore Women Police Station.Case No: Criminal Petition no.10550 of 2022Citation: 2023 LiveLaw (Kar) 261The Karnataka High Court has refused to quash a rape complaint registered against a Magaluru based advocate by a law student working as an intern in his office.A single judge bench of Justice M Nagaprasanna observed, "If a naive student of law, enters the office of an Advocate, as an intern; in turn gets to ...

Karnataka High Court Weekly Round-Up: July 10 To July 16

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