Karnataka High Court Weekly Round-Up: July 17 To July 23

Nominal IndexABC And State of Karnataka & ANR. 2023 LiveLaw (Kar) 267Neha Rafiq Chahchadi And State of Karnataka & ANR. 2023 LiveLaw (Kar) 268H N Nagarajegowda & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 269Sri. Veeranjaneya Dharma Jagruthi Balaga & Other And State of Karnataka & Others. 2023 LiveLaw (Kar) 270N L Manjunatha & ANR AND B L Ananda. 2023 LiveLaw (Kar) 271Arnaud Descamps And Onmobile Global Limited. 2023 LiveLaw (Kar) 272D B Ramesh @ Doni Ramesh And State by Excise Police. 2023 LiveLaw (Kar) 273Karnataka State Law University And Krishna. 2023 LiveLaw (Kar) 274Judgments/OrdersKarnataka High Court Grants Bail To Juvenile Accused Of Sexual Offence, Says Mother Fit Person To Keep Him Under Custody Case Title: ABC And State of Karnataka & ANR Case No: CRIMINAL REVISION PETITION NO. 100453 OF 2022Citation: 2023 LiveLaw (Kar) 267The Karnataka High Court recently granted bail to a juvenile accused of committing penetrative sexual assault on a minor, directing his mother to execute personal bond and surety bond and undertake to ensure the juvenile does not waste his time in "unproductive and excessive recreational pursuits".The direction was passed by a single bench of Justice Anil B Katti upon noticing that the triple test under Section 12 of the Juvenile Justice Act is not satisfied in this case. Reliance was placed on Allahabad High Court's decision in XXX Juvenile v. State of UP which held that juvenile has to be released on bail mandatorily unless the exceptions carved out in proviso to Section 12(1) are made out.S.78 Information Technology Act Mandates Probe, Not Registration Of FIR By Officer Not Below Rank Of Police Inspector: Karnataka High CourtCase Title: Neha Rafiq Chahchadi And State of Karnataka & ANRCase No: CRIMINAL PETITION NO. 102165 OF 2019Citation: 2023 LiveLaw (Kar) 268The Karnataka High Court has made it clear that as per Section 78 of the Information Technology Act, 2000 an officer below the rank of Police Inspector can register FIR for offence punishable under Section 66E of the Act, but the investigation is to be conducted by a person who is not below the rank of an Inspector of Police.A single judge bench of Justice V Srishananda sitting at Dharwad bench dismissed a petition filed by one Neha Rafiq Chachad questioning the registration of FIR against her for allegedly opening a fake Instagram account in the name of the complainant and posting obscene and obnoxious posts.Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court Case Title: H N Nagarajegowda & Others And State of Karnataka & ANRCase No: CRIMINAL PETITION NO. 2746 OF 2023Citation: 2023 LiveLaw (Kar) 269The Karnataka High Court has rejected a petition filed by eight murder accused challenging Magistrate court's order taking cognizance of the offence alleged against them and rejecting the ‘B Report’ filed by the police.A single judge bench of Justice M Nagaprasanna rejected the petitioners contention regarding procedural defects in the cognizance order as the sworn statement was recorded even before the rejection of the 'B' report.Right To Associate Constitutionally Guaranteed, People Gathering To Pay Homage To Deceased Innocents Long Standing Tradition: Karnataka High Court Case Title: Sri. Veeranjaneya Dharma Jagruthi Balaga & Other And State of Karnataka & OthersCase No: WP 15400 OF 2023Citation: 2023 LiveLaw (Kar) 270The Karnataka High Court on Tuesday permitted an unincorporated organisation of persons to organise a gathering and pay homage to one Venugoapal, a social worker and Hindu activist, who was killed by miscreants during Hanuman Jayanti celebrations.A single judge bench of Justice Krishna S Dixit observed, “The Right to associate and association are constitutionally guaranteed. People gathering for paying homage on the death of innocents has been a long tradition in the society, the only requirement is that they have to ensure that no untoward incident would happen and that all precautions in that regard would be taken.”Adoption Deed Not Must If Conditions Of Hindu Adoption & Maintenance Act Properly Complied: Karnataka High Court Case Title: N L Manjunatha & ANR AND B L AnandaCase NO: REGULAR SECOND APPEAL NO. 443 OF 2009Citation: 2023 LiveLaw (Kar) 271The Karnataka High Court has said that an adoption deed or registered document is not a must to prove the adoption of a child. If conditions of valid adoptions as required under the Hindu Adoption and Maintenance Act, 1956 are established, it is sufficient to prove the adoption.A Single judge bench of Justice Shivashankar Amarannavar dismissed an appeal filed by one N.L. Manjunatha who had challenged the order of the trial court and the first appellate court decreeing the suit for partition of ancestral property, in favour of the B.L. Ananda (respondent herein), who is the brother of the appellant.Decide Issue Of Jurisdiction First: Karnataka HC Sets Aside...

Karnataka High Court Weekly Round-Up: July 17 To July 23

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