Karnataka High Court Weekly Round-Up: June 12 To June 18

Nominal IndexImran Ahmed And National Investigating Agency. 2023 LiveLaw (Kar) 215Byluru Thippaiah And State of Karnataka. 2023 LiveLaw (Kar) 216Vipul Prakash Patil And State of Karnataka & ANR. 2023 LiveLaw (Kar) 217D K Suresh And State of Karnataka. 2023 LiveLaw (Kar) 218A Vasudevachar & Others And The District Registrar & Others. 2023 LiveLaw (Kar) 219Mrs Divya Ganesh Nallur & ANR And NIL. 2023 LiveLaw (Kar) 220Allauddin & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 221M/s Samsung India Electronics Pvt Ltd And State of Karnataka. 2023 LiveLaw (Kar) 222D K SHIVAKUMAR & Others v. STATE OF KARNATAKA. 2023 LiveLaw (Kar) 223Coffee Day Resorts (Msm) Pvt. Ltd. Versus The Deputy Commissioner Of Income-Tax. 2023 LiveLaw (Kar) 224Judgments/Orders'Bail Is Rule' Norm Can't Be Chanted Like A Mantra In UAPA Offences: Karnataka High Court Refuses Bail To 2020 Bengaluru Riots Accused Case Title: Imran Ahmed And National Investigating AgencyCase No: CRL.A.NO.124/2023Citation: 2023 LiveLaw (Kar) 215The Karnataka High Court has refused bail to an accused charged in the 2020 Bengaluru riots citing primacy of public safety and collective interest of the society over individual liberty as constitutionally guaranteed under the Constitution.A division bench of Justice Krishna S Dixit and Justice Pradeep Singh Yerur also refuse to apply the 'bail is the rule and jail is an exception' dicta of the Supreme Court stating, "Firstly, such a dicta has to remain miles away when the class of offences which the accused is ascribed of, arise under a special statute of great significance, like the one at hands; secondly, the Parliament in its accumulated wisdom has enacted the clauses in the 1967 (Unlawful Activities (Prevention) Act, that severely restrict the claim for grant of bail. Thirdly the statute also enacts a ‘negative burden’ clause, which places the onus on the shoulders of accused, much in variance with the normal rule i.e., the burden of proof lies on the prosecution.”'Shocked Our Conscience': Karnataka High Court Confirms Death Sentence Of Man Who Killed Wife, Minor Children With Chopper Case Title: Byluru Thippaiah And State of KarnatakaCase No: CRIMINAL APPEAL NO. 100170 OF 2020 C/W CRIMINAL REFERRED CASE NO. 100002 OF 2020Citation: 2023 LiveLaw (Kar) 216The Karnataka High Court has confirmed the death sentence handed down to an accused by the trial court for murdering his wife, sister-in-law and three children below the age of 10 years, suspecting the fidelity of his wife.A division bench of Justice Suraj Govindaraj and Justice G Basavaraja said the case qualifies the test of rarest of rare cases requiring the award of the death penalty. “The atrocity of the crime resulting in five deaths including of 3 children below 10 years of age and the brutality with which the same has been committed, leaves us no option but to confirm the order of death sentence passed by the trial Court, which we do with a heavy heart,” it remarked.Registration Of Criminal Case In Absence Of Prima Facie Material To Establish Nexus With Alleged Crime Violates Article 21: Karnataka High CourtCase Title: Vipul Prakash Patil And State of Karnataka & ANRCase No: CRIMINAL PETITION NO. 104152 OF 2022Citation: 2023 LiveLaw (Kar) 217The Karnataka High Court has said that in order to proceed against a person with criminal action, the complainant or prosecuting agency must show prima facie material whereby some nexus could be established to the alleged crime with a person. If such material is not available, very registration of the case against such persons would definitely amount to abuse of process of law affecting the right of a citizen enshrined in Article 21 of the Constitution of India.A single judge bench of Justice V Srishananda sitting at Dharwad bench allowed the petition filed by one Vipul Prakash Patil and quashed the FIR registered under Sections 406, 420 of IPC and Section 9 of Karnataka Protection of Interest of Deposits in Financial Establishment Act.Election Campaign: Karnataka High Court Quashes 4 Yrs Old Case Against Congress MP DK Suresh Case Title: D K Suresh And State of KarnatakaCase No: CRIMINAL PETITION NO. 10599 OF 2022Citation: 2023 LiveLaw (Kar) 218The Karnataka High Court has quashed a case registered in the year 2019, under sections 171H of the Indian Penal Code, and Section 133 of the Representation of People Act, against Congress MP D.K. Suresh for allegedly campaigning in an open vehicle without obtaining due permission from the authorities.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Suresh and quashed the proceedings. The bench took into account the submission made by the counsel for the petitioner that a coordinate bench of the court had quashed the proceedings against co-accused in the caseRegistrar Can’t Direct Registration Of Sale Deed After Rejection Of Suit For Specific Performance By Civil Court: Karnataka High Court Case Title: A Vasudevachar & Others And The District...

Karnataka High Court Weekly Round-Up: June 12 To June 18

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