Karnataka High Court Weekly Roundup: May 12 - May 18, 2025

Citation No: 2025 LiveLaw (Kar) 170 to 2025 LiveLaw (Kar) 179Nominal Index: Rishi Kumar AND Union of India & Others. 2025 LiveLaw (Kar) 170D S Veeraiah AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 171Ashok AND Fayaz Aahmad. 2025 LiveLaw (Kar) 172Anil Kumar S B AND Karnataka Power Transmission Corporation Limited & ANR. 2025 LiveLaw (Kar) 173Arbaz Khan AND State of Karnataka. 2025 LiveLaw (Kar) 174PhonePe Private Limited AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 175Sandya Anil Kumar AND State of Karnataka & Others. 2025 LiveLaw (Kar) 176Rekha Kannan & Others AND State of Karnataka & Others. 2025 LiveLaw (Kar) 177Keerthi Harmony Apartment Owners Association AND M/S KEERTHI ESTATES PVT. LTD & Others. 2025 LiveLaw (Kar) 178N. H. Gowda Versus Mr. Rangarama And Ors. 2025 LiveLaw (Kar) 179Judgments/Orders'Flawless Communication' Is Key: Karnataka HC Rejects Plea Of Man With Speech Disorder Denied Appointment As Asst Railway Loco PilotCase Title: Rishi Kumar AND Union of India & OthersCase No: WRIT PETITION NO.25044 OF 2022 Citation No: 2025 LiveLaw (Kar) 170The Karnataka High Court has rejected the petition filed by a Railway Job Aspirant who was not appointed to the post of Assistant Loco Pilot (ALP) as he was found to be stuttering speech by the Railway Recruitment Board which termed it as a speech disorder.A division bench of Justice V Kameshwar Rao and Justice T M Nadaf dismissed the petition filed by one Rishi Kumar against an order passed by the Central Administrative Tribunal (CAT) rejecting his application seeking to quash the order passed by the Railway Recruitment Board (RRB) on the ground that the candidate suffered from speech disorder.Prior Approval U/S 17A Of PC Act Cannot Be Bypassed By Only Projecting Offence Under IPC While Filing FIR: Karnataka HCCase Title: D S Veeraiah AND State of Karnataka & ANRCase No: WRIT PETITION No. 31828 OF 2024Citation No: 2025 LiveLaw (Kar) 171The Karnataka High Court has quashed a criminal case registered against former Member of Legislative Council (MLC) D S Veeraiah, who was accused of misappropriation of Rs 47.1 crore from the D Devaraj Urs Truck Terminal Limited (DDUTLL), a state government entity, during his period as its Chairman in 2021.A single judge, Justice M Nagaprasanna quashed the case registered against him initially under Sections 120B, 409, 420, 465, 468 and 471 of the Indian Penal Code and while filing chargesheet the police had included offences under Section 13(2) of the Prevention of Corruption Act.The court said “The prosecution has devised a method of projecting only offences under Section 409 and 420 of the IPC which are clearly identical to Section 13 of the PC Act, to get away with the rigour of prior approval under Section 17A of the PC Act.”Not Required To Hear Accused While Taking Cognisance U/S 223 Of BNSS For Complaints Made Under NI Act: Karnataka HCCase Title: Ashok AND Fayaz AahmadCase No: CRIMINAL PETITION NO.101514 OF 2025Citation No: 2025 LiveLaw (Kar) 172The Karnataka HIgh Court has said that the procedure of hearing the accused at the stage of taking cognizance of the complaint as prescribed in the first proviso to Section 223 of BNSS shall not apply to the complaints for offence made under Section 138 of Negotiable Instruments Act.For context, Section 223 of BNSS makes a departure from the earlier provision contained in Section 200 Cr.P.C. Under the proviso to Sub-Section (1) of 223, the Magistrate cannot take cognizance of an offence, without giving the accused an opportunity of being heard.A single judge, Justice Shivashankar Amarannavar held thus while dismissing a petition filed by one Ashok who had approached the court questioning the cognizance order taken by the Magistrate court on the complaint filed by one Fayaz Aahmad without issuing him a notice for hearing.Suitability Of PwD Candidate Must Not Solely Be Assessed Based On Medical Certificate But Also Functional Assessment: Karnataka HCCase Title: Anil Kumar S B AND Karnataka Power Transmission Corporation Limited & ANRCase No: WRIT APPEAL No.1673 OF 2024.Citation No: 2025 LiveLaw (Kar) 173The Karnataka High Court has said that the assessment of the suitability of a candidate who is suffering from physical disability must not be based solely on the medical certificate, but also on the functional assessment of the candidate.A division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while allowing an appeal filed by Anil Kumar S B who had challenged a single judge order and held him eligible for the post of Assistant Accounts Officer under the reservation for persons with disabilities in Bangalore Electricity Supply Company Ltd (BESCOM).The court said, “What requires consideration, in this context, is the functional assessment. In determining the suitability or eligibility of a candidate with a disability, the functional assessment, beyond just the medical evaluation, is crucial. Annexure-A, the Disability Certificate, clearly records that ...

Karnataka High Court Weekly Roundup: May 12 - May 18, 2025

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