Karnataka High Court Weekly Round-Up: April 3 To April 9

Nominal IndexManje Gowda And State of Karnataka & Others. 2023 LiveLaw (Kar) 135Rathnamma & ANR And State of Karnataka & Others. 2023 LiveLaw (Kar) 136Bujji @ Babu G And State Of Karnataka. 2023 LiveLaw (Kar) 137Nanjappa And State of Karnataka & Others. 2023 LiveLaw (Kar) 138Khadar Basha & others And State of Karnataka. 2023 LiveLaw (Kar) 139M P Renukacharya And State of Karnataka. 2023 LiveLaw (Kar) 140Sudarshan Ramesh And Union of India & others. 2023 LiveLaw (Kar) 141T N Shivaraju & others And State of Karnataka & Others. 2023 LiveLaw (Kar) 142Aisha Mallik & Others And Union of India & Others. 2023 LiveLaw (Kar) 143Judgments/OrdersUpload Orders On Websites, Give Reasons For Adjournments: Karnataka High Court Issues Directions For Quasi-Judicial Authorities Case Title: Manje Gowda And State of Karnataka & OthersCase No: WRIT PETITION NO. 50646 OF 2016Citation: 2023 LiveLaw (Kar) 135The Karnataka High Court has directed the Principal Secretary to Department of Rural Development and Panchayat Raj to explore the possibility of making available hybrid hearings through video conferencing, at all quasi judicial authorities.A single judge bench of Justice Suraj Govindaraj said “In this age when courts have also installed hybrid hearings through video conferencing, the Prl. Secretary to explore the possibility of making available similar facilities at all quasi judicial authorities, so as to enable easy access to justice to the citizens of the country.”Karnataka High Court Directs Prison Authority To Consider Woman's Plea To Release Murder Convict On Parole For Their Marriage Case Title: Rathnamma & ANR And State of Karnataka & OthersCase No: WRIT PETITION NO. 7270 OF 2023Citation: 2023 LiveLaw (Kar) 136The Karnataka High Court has directed the prison authorities to consider the representation of a woman and release a murder convict on parole leave, for him to marry her or else she would be given in marriage to someone else.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Neetha G and Rathnamma and directed the authorities to release the convict Anand. It said “The respondents 2 and 3 are directed to consider the representations of the petitioners and release the detenue/Anand (convict Prisoner No.11699) on parole from the forenoon of 05.04.2023, till the evening of 20.04.2023.”Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail PleaCase Title: Bujji @ Babu G And State Of KarnatakaCase No: CRIMINAL PETITION NO. 12080 OF 2022Citation: 2023 LiveLaw (Kar) 137The Karnataka High Court has refused bail to an accused in a case under the Protection of Children from Sexual Offence (POCSO) Act, who claimed that the victim minor girl was a consenting party and that there was absence of element of force.Justice V Srishananda said the "consent, if any, of the victim girl for the penetrative sexual assault said to have taken place between the petitioner and the victim girl is immaterial while considering the scope of Section 3 of POCSO Act which is punishable under Section 4 of the POCSO Act.”Gift Deed Executed By Senior Citizen Can Be Declared Null And Void Only If It Contains Stipulation On Maintenance By Transferee: Karnataka High Court Case Title: Nanjappa And State of Karnataka & OthersCase No: WRIT APPEAL No.573/2022Citation: 2023 LiveLaw (Kar) 138The Karnataka High Court has said that a gift deed executed by a senior citizen can be declared as null and void under the Senior Citizens Act only if a stipulation is contained therein that the transferee shall maintain him or her in return.A division bench of Justice B Veerappa and Justice K S Hemalekha, while dismissing an intra-court appeal filed by Nanjappa, said, “On careful perusal of the document executed by the appellant in favour of the 3rd respondent, who happens to be the brother of the appellant, it does not contain any stipulation that the 3rd respondent is under the obligation to maintain the present appellant. In the absence of any condition stipulated in the documents, the provisions of Subsections (1) and (2) of Section 23 of the Senior Citizens Act are not attracted.”Violation Of COVID Norms: Karnataka High Court Quashes Criminal Proceedings Against Workers Of Campus Front Of India Case Title: Khadar Basha & others And State of KarnatakaCase No: CRIMINAL PETITION NO. 104219 OF 2022Citation: 2023 LiveLaw (Kar) 139The Karnataka High Court has quashed proceedings initiated last year against workers of now-banned Campus Front of India (CFI) for holding a meeting and gathering people at Dr.B.R.Ambedkar Bhavan, Bagalokot, when the authorities had prohibited such meetings on account of third wave of COVID-19.Justice J M Khazi sitting at Dharwad bench allowed the petition filed by Khadar Basha and others who were charged for offences punishable under Sections 143, 270, 448 R/W Section 149 of Indian Penal Code, 1860 and Sections 4 and 5 of Epidemic...

Karnataka High Court Weekly Round-Up: April 3 To April 9

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