Karnataka High Court Weekly Round Up [February 20 - February 26, 2023]

Vuppalapti Satish Kumar And VTH Source Components Pvt Ltd. 2023 LiveLaw (Kar) 71

H.Nagabhushana Rao And The Under Secretary FFR Division & Others. 2023 LiveLaw (Kar) 72

Siddalingappa S T And Karnataka State Human Rights Commission. 2023 LiveLaw (Kar) 73

Arunkumar N. T And Deputy Commissioner of Police & others. 2023 LiveLaw (Kar) 74

Times Now BCCL And Bhojaraj R Patil. 2023 LiveLaw (Kar) 75

H C Nandish & ANR And The Ministry of Indian Railways & Others. 2023 LiveLaw (Kar) 76

Sachin And State of Karnataka. 2023 LiveLaw (Kar) 77

Cohiba Club And Deputy Commissioner & Others. 2023 LiveLaw (Kar) 78

N Hanumegowda And State of Karnataka. 2023 LiveLaw (Kar) 79

Ramachandra Reddy & ANR And State of Karnataka. 2023 LiveLaw (Kar) 80

Aithappa Naika And State of Karnataka. 2023 LiveLaw (Kar) 81

Judgement/Orders

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court

Case Title: Vuppalapti Satish Kumar And VTH Source Components Pvt Ltd.

Case No: CRIMINAL PETITION NO.991 OF 2023

Citation: 2023 LiveLaw (kar) 71

The Karnataka High Court has said that a petition filed under Section 482 of the Criminal Procedure Code, seeking to quash conviction handed down to an accused under the Negotiable Instruments Act is not maintainable.

Petitioner Vuppalapti Satish Kumar had approached the court seeking to quash the conviction handed down to him on 2.1.2023, for the offence punishable under Section 138 of Negotiable Instruments Act.

102 Yrs Old Freedom Fighter To Get Pension Arrears After Karnataka High Court Intervenes

Case Title: H.Nagabhushana Rao And The Under Secretary FFR Division & Others

Case No: WRIT PETITION No.405 OF 2023

Citation: 2023 LiveLaw (Kar) 72

The Karnataka High Court has come to the aid of 102 years old Freedom Fighter and has directed the Ministry of Home Affairs to pay arrears of pension which were withheld for a year as he was unable to submit the Life Certificate to the bank.

A single judge bench of Justice M Nagaprasanna said “Ebbing mental prowess and physical incapacity due to age was one of the prime reasons why the certificate could not be submitted in time. This, in the peculiar facts of this case, by no stretch of imagination, can be construed to take away the right of the petitioner for grant of pension, particularly, in the teeth of the guidelines.”

Complainant Not Satisfied With Acquittal Can't Institute Proceedings Before Human Rights Commission Alleging Dereliction Of Duty By Police: Karnataka HC

Case Title: Siddalingappa S T And Karnataka State Human Rights Commission.

Case No: WRIT PETITION NO. 51993 OF 2015

Citation: 2023 LiveLaw (Kar) 73

The Karnataka High Court has said initiation of proceedings by a complainant, post acquittal of the accused before the Karnataka State Human Right Commission, against a police officer who investigated the complaint and filed a chargesheet in the case is unsustainable in law.

A single judge bench of Justice Jyoti Mulimani made the observation while allowing a petition filed by police inspector Siddalingappa S T and quashed the order passed by the Commission dated 20.06.2015, imposing a penalty of Rs.10,000 on the charges of dereliction of duty.

Can’t Expect 100% Efficiency; State Making Efforts: Karnataka High Court Disposes PIL Against Mandatory 'Panic' Button To Avoid Accidental/ Prank Calls

Case Title: Arunkumar N. T And Deputy Commissioner of Police & others.

Case No: WP 14221/2021

Citation: 2023 LiveLaw (Kar) 74

The Karnataka High Court on Tuesday appreciated the efforts taken by the State government in providing Emergency Response Support Systems to address issues raised by citizens who are in need of assistance or in distress.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi remarked that the measures are citizen friendly, responsive and efficient. The observation came while disposing of a public interest litigation filed by one Arunkumar N T who had raised a cause in respect of the accidental misuse of the national emergency number 112 or other quick response facility numbers and misuse by certain pranksters.

Criminal Defamation Case: Karnataka High Court Sets Aside Summons Against Aroon Purie, Rajdeep Sardesai, Shiv Aroor

Case Title: Times Now BCCL And Bhojaraj R Patil

Case No: CRIMINAL PETITION NO.200023/2023 C/W CRIMINAL PETITION NOs.201460/2022, 201461/2022 & 201462/2022.

Citation: 2023 LiveLaw (Kar) 75

The Karnataka High Court has set aside the summons issued to Times Now, India Today Group, India Today Editor-in-Chief Aroon Purie and news anchors Rajdeep Sardesai and Shiv Aroor by a trial court on a complaint filed by former Member of Legislative Assembly (MLA) Bhojaraj Patil, alleging offences under Sections 499 and 500 of India Penal Code.

Justice V SRISHANANDA said the order taking cognizance and issuance of summons is mechanical in nature. The court remitted the matter for fresh consideration strictly in accordance with law.

Karnataka High Court Dismisses PIL To Restore Proposal For Laying Railway Line Between Belur And Sakleshpur Taluks

Case Title: H C Nandish & ANR And The Ministry of Indian Railways & Others

Case NO: WP 16448/2021

Citation: 2023 LiveLaw (Kar) 76

The Karnataka High Court on Wednesday dismissed a PIL seeking to quash the decision of the State government by which it dropped the proposal for laying a railway line between Belur and Sakleshpur Taluks.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi dismissed the petition filed by one H C Nandish and another, saying it is devoid of merits. The state government had vide its order dated 17-01-2019 dropped the proposal for laying down the railway line stating that the project cost had exceeded enormously and it would not be feasible to continue the same.

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Case title: Sachin And State of Karnataka

Case No: CRIMINAL PETITION NO. 201553 OF 2022

Citation: 2023 LiveLaw (Kar) 77

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation.

A single judge bench of Justice V Srishananda allowed the petition filed by Sachin against arraigning him as accused No.2 in the case being tried for offences punishable under section 323, 504, 506, R/w 34 of Indian Penal Code.

[S.29 Karnataka Excise Act] Partnership Firm's Bar License Can Be Cancelled Over Unpaid Fees Following Change In Partners: High Court

Case Title: Cohiba Club And Deputy Commissioner & Others

Case No: WRIT PETITION NO.31185 OF 2018

Citation: 2023 LiveLaw (Kar) 78

The Karnataka High Court has said the Excise authority is entitled to exercise powers under section 29 of the Karnataka Excise Act and cancel the license issued to a partnership firm running a Bar and Restaurant, if the transfer is not intimated to the concerned authority or fees is unpaid on change of partners in the firm.

A single judge bench of Justice Suraj Govindaraj dismissed a petition filed by Cohiba Club and upheld the order of the Deputy Commissioner cancelling the license issued to the partners of the Club.

Karnataka High Court Quashes Extortion Complaint Against Alleged RSS Activist, Says 'Putting Person In Fear Of Injury' Essential U/S 385 IPC

Case Title: N Hanumegowda And State of Karnataka

Case No: 2023 LiveLaw (Kar) 79

The Karnataka High Court has quashed an extortion complaint against a man who was alleged of threatening the complainant, stating that he is a RTI/RSS activist and would stall inauguration of a building if he is not paid money.

A single judge bench of Justice Hemant Chandangoudar noted there was no allegation against the petitioner that he put any person in fear of injury to extort money. It observed, "To constitute an offence punishable under Section 385 of IPC, a person must put any other person in fear of any injury. In the instant case, there is no material placed along with the charge sheet that, the petitioner has put the defacto complainant in fear of any injury in order to commit extortion."

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court

Case Title: Ramachandra Reddy & ANR And State of Karnataka

Case No: CRIMINAL PETITION No.3359 OF 2022 C/W CRIMINAL PETITION No.2096 OF 2021

Citation: 2023 LiveLaw (Kar) 80

The Karnataka High Court has clarified that if a term of life imprisonment under section 302 of Indian Penal Code is imposed on an accused and another fixed term sentence is imposed for another charge, then both sentences will run concurrently and not consecutively.

A single judge bench of Justice M Nagaprasanna gave this clarification while allowing the petition filed by convicts Ramachandra Reddy and another and directed that the sentences imposed upon the petitioners in terms of the impugned order of conviction dated 25.11.2010, passed in S.C.No.02/2007, shall run concurrently.

81-Yr-Old To Volunteer At Anganwadi After Karnataka High Court Reduces Sentence To 3 Days In Grievous Hurt Case

Case Title: Aithappa Naika And State of Karnataka

Case No: CRIMINAL REVISION PETITION NO. 672 OF 2014

Citation: 2023 LiveLaw (Kar) 81

The Karnataka High Court has set aside the sentence of two years imposed on an 81-year-old convict and modified it to three days simple imprisonment after the convict volunteered to serve at an Anganwadi Centre for a period of one year. A single judge bench of Justice R Nataraj allowed the petition filed by Aithappa Naika in part and set aside the judgment of the appellate court holding him guilty for offence punishable under section 326 of the Indian Penal Code and imposing a sentence of two years along with fine of Rs 5,000.