Karnataka High Court Weekly Roundup: May 06 - May 12, 2024

Citations: 2024 LiveLaw (Kar) 210 To 2024 LiveLaw (Kar) 217Nominal Index: V S Manjunath AND Chief Election Commissioner & Others. 2024 LiveLaw (Kar) 210Lokesh Kumar AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 211C Ganesh Narayan & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 212Surya & CO & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 213S Santosh Poojari AND State By Mudigere Police. 2024 LiveLaw (Kar) 214Stone Hill Education Foundation AND Union of India & Others. 2024 LiveLaw (Kar) 215.B T Kumar AND B N Kumar & Others. 2024 LiveLaw (Kar) 216B.M.S College Of Law AND Bar Council of India & ANR. 2024 LiveLaw (Kar) 217Judgments/OrdersWrit Petition Not Maintainable Against Rejection Of Nomination By Returning Officer, Election Petition Only Remedy: Karnataka High Court Case Title: V S Manjunath AND Chief Election Commissioner & OthersCase No: WRIT PETITION NO. 11367 OF 2024Citation No: 2024 LiveLaw (Kar) 210The Karnataka High Court has reiterated that a writ petition challenging the rejection of a candidate's nomination by the returning officer is not maintainable and the remedy for such candidate is to file Election Petition.A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one V S Manjunath, who teaches in a college as guest lecturer and had challenged the order dated 05.04.2024 passed by the Election Returning Officer and Deputy Commissioner of Chitradurga (SC), Lok Sabha Constituency rejecting his nomination.Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority Case Title: Lokesh Kumar AND State of Karnataka & ANRCase No: CRIMINAL PETITION NO. 217 OF 2024Citation No: 2024 LiveLaw (Kar) 211The Karnataka High Court recently granted bail to a POCSO rape accused after he and the guardian of the minor victim girl filed an affidavit in court agreeing for the accused to marry the victim immediately upon her attaining the age of majority.A single judge bench of Justice Rajendra Badamikar allowed the petition filed by Lokesh Kumar who was charged under Section 376(2)(n) of IPC and Sections 5(L), 5(n), 5(j)(2), 6, 20 and 21 of POCSO Act, 2012.Pepper Spray A Dangerous Weapon, Can't Be Used For Private Defense When There's No Imminent Threat Or Danger Caused To Life: Karnataka High Court Case Title: C Ganesh Narayan & ANR AND State of Karnataka & ANRCase No: WRIT PETITION No.10923 OF 2023Citation No: 2024 LiveLaw (Kar) 212The Karnataka High Court refused to quash a criminal case against C Ganesh Narayan, the Director of C.Krishniah Chetty & Company Private Limited and his wife accused of using pepper spray on the complainant who along with other security personnel is alleged of attempted to interfere with the petitioners' property.A single judge bench of Justice M Nagaprasanna dismissed the petition and said “The 2nd petitioner could not have used pepper spray as private defence, as prima facie there was no imminent threat or danger caused to her life. Therefore, the case at hand would require investigation in the least.”Karnataka High Court Refuses To Quash Tax Evasion FIR Against Bookies Operating In Bangalore Turf Club Case Title: Surya & CO & Others AND State of Karnataka & OthersCase No: CRL.P.NO.795/2024Citation No: 2024 LiveLaw (Kar) 213The Karnataka High Court has refused to quash proceedings initiated against licensed and unlicensed bookies operating within the Bangalore Turf Club who allegedly collected GST from the punters and TDS amount from the winning bettors but failed to deposit the same before the competent authority and also failed to maintain proper registers.A single judge bench of Justice S Vishwajith Shetty dismissed the petition seeking to quash FIR registered under Section 78(1)(a)(i) of the Karnataka Police Act, 1963, Section 12 of Karnataka Race Betting Act and Section 420 of Indian Penal Code. It said,“The allegations against the accused are of very serious nature and the accused amongst other allegations, allegedly have misappropriated crores of money collected by them towards payment of GST and TDS. Under the circumstances, I am of the opinion that the prayer made by the petitioners for quashing the FIR registered against them cannot be granted.”Road Accident | Letting Off Negligent Ambulance Driver With Only Fine Would Be Unjust To Victims And Whole Society: Karnataka High Court Case Title: S Santosh Poojari AND State By Mudigere PoliceCase No: CRIMINAL REVISION PETITION NO. 600 OF 2017Citation No: 2024 LiveLaw (Kar) 214The Karnataka High Court has refused to reduce sentence of six month simple imprisonment imposed on an ambulance driver convicted for driving in a rash and negligent manner and causing an accident leading to death of one person and injuring three others in the year 2011.A single judge bench of Justice Umesh M Adiga dismissed the revision petition filed by S. Santhosh Poojari and said, “Prosecution has proved beyond reasonable doubt that due to the...

Karnataka High Court Weekly Roundup: May 06 - May 12, 2024

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