Karnataka High Court Weekly Round-Up: June 26 to July 02

Nominal IndexK P Pushpesh & Others And State of Karnataka. 2023 LiveLaw (Kar) 237Pramod Mutalik And State of Karnataka. 2023 LiveLaw (Kar) 238Parameshwarappa And The State. 2023 LiveLaw (Kar) 239Mrs Gauramma & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 240Aniruddh v RGUHS & connected matters. 2023 LiveLaw (Kar) 241M R Seetharam And State By Anti Corruption Bureau & others. 2023 LiveLaw (Kar) 242Jairam Ramesh & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 243X Corp v. UNION OF INDIA. 2023 LiveLaw (Kar) 244State of Karnataka Versus Aishwarya Fort. 2023 LiveLaw (Kar) 245Kailash S Raj & others And State of Karnataka 2023 LiveLaw (Kar) 246Pr Commissioner Of Income-1 Tax (Exemptions) Versus M/S Rashtreeya Sikshana Samithi Trust. 2023 LiveLaw (Kar) 247Judgments/OrdersKarnataka High Court Sets Aside Life Sentence In Murder Case; Says Eyewitness Account Contradictory, Should Be Backed With Supporting Material Case Title: K P Pushpesh & Others And State of KarnatakaCase No: CRIMINAL APPEAL NO. 879 OF 2016 C/W CRIMINAL APPEAL NO. 2118 OF 2016Citation: 2023 LiveLaw (Kar) 237The Karnataka High Court has acquitted three youths convicted and sentenced to suffer life imprisonment for charges of murder, holding that there were material contradictions in the evidence of eyewitnesses to the incident and the prosecution failed to corroborate their evidence with any other material.A division bench of Justice K Somashekhar and Justice Rajesh Rai K acquitted KR Pushpesh, PV Vinaya and KR Radish who were sentenced to suffer simple imprisonment for life, for murdering one Nousheer. The bench said, “The golden thread which runs through the web of administration of justice in criminal cases is that, if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused persons and the other to their innocence, the view which is favourable to the accused persons should be adopted. The paramount consideration of the Court is to ensure that miscarriage of justice should be prevented. A miscarriage of justice which may arise from acquittal of the guilty is not less than the conviction of an innocent.”Karnataka High Court Quashes Case Against Sri Ram Sene's Pramod Muthalik For Delivering Allegedly 'Provocative Speech' On Cow Slaughter Case Title: Pramod Mutalik And State of KarnatakaCase No: CRIMINAL PETITION NO.200528 OF 2023Citation: 2023 LiveLaw (Kar) 238The Karnataka High Court has quashed proceedings initiated in the year 2017, under Section 153A and Section 295(A) of the Indian Penal Code, against the Founder President of Sri. Ram Sene, Pramod Mutalik for allegedly making provocative statements while addressing a public gathering.A single judge bench of Justice Hemant Chandangoudar sitting at Kalaburagi quashed the proceedings stating, “Section 196 of Cr.P.C. specifies that no Court shall take cognizance of an offence punishable under Section 153-A of IPC and Section 295-A of IPC, except the previous sanction of the State Government. In the instant case, the learned Magistrate has taken the cognizance for the aforesaid offences without there being previous sanction by the State Government. Hence, in the absence of previous sanction, the cognizance taken by the learned Magistrate for the above said offences, is one without authority of law.”Not Attempt To Murder: Karnataka High Court Reduces Sentence Of Man Convicted For Squeezing Complainant's Testicles Case Title: Parameshwarappa And The StateCase No: CRIMINAL APPEAL NO. 242 OF 2012Citation; 2023 LiveLaw (Kar) 239The Karnataka High Court recently modified the conviction handed down to an accused for attempt to murder charge and convicted him for a lesser charge of grievous hurt under Section 325, for squeezing the testicles of the complainant during a fight.A single judge bench of Justice K Natarajan partly allowed the appeal filed by convict Parmeshwarappa who was sentenced to undergo imprisonment for 7 years for the offence punishable under Section 307 of IPC. It sentenced him to undergo imprisonment for three years under Section 325 of the IPC.Student's Suicide: Karnataka High Court Says Schools Should Reconsider 'Harsh' Disciplinary Action That May Internalize Mental Problems In Children Case Title: Mrs Gauramma & Others And State of Karnataka & ANRCase NO: CRIMINAL PETITION No.4725 OF 2023Citation: 2023 LiveLaw (Kar) 240The Karnataka High Court has dismissed the petition filed by the Principal and others officials of a school in Kodagu district, challenging the order of the Magistrate court rejecting the ‘B summary report’ filed by the police in relation to alleged abetment to suicide of a student.The "mischievous" student was suspended for allegedly carrying alcohol to school. Upon his parent's request, he was allowed to appear for examinations online from his home. However, it is alleged that the student kept waiting for exam link but did not receive the same. After the exam and answer sheet collection time got over,...

Karnataka High Court Weekly Round-Up: June 26 to July 02

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