Karnataka High Court Weekly Round Up: May 23 - May 29, 2022

Nominal Index: SHIVAPRASAD @ SHIVA v. State of Karnataka. 2022 LiveLaw (Kar) 167 N.R. Sugandaraju v. State of Karnataka, 2022 LiveLaw (Kar) 168 NETHRA v STATE OF KARNATAKA, 2022 LiveLaw (Kar) 169 V Srinivasaraju v State by Yelahanka Police, 2022 LiveLaw (Kar) 170 E S Praveen Kumar v. State of Karnataka, 2022 LiveLaw (Kar) 171 Shalini and Anr. versus National Highways Authority of India and Ors. Citation : 2022 LiveLaw (Kar) 172 CANCER PATIENTS AID ASSOCIATION v CENTRAL BOARD OF FILM CERTIFICATION, 2022 LiveLaw (Kar) 173 SUJIT S/O MADIWALAPPA MULGUND v. THE SUPERINTENDENT OF POLICE, 2022 LiveLaw (Kar) 174 Judgments/Orders/Reports 1. Karnataka High Court Acquits Murder Convict, Sets Aside Life Term After Man Serves 13 Yrs In Jail Case Title: SHIVAPRASAD @ SHIVA v. State of Karnataka Case No: CRIMINAL APPEAL No.573/2019 Citation: 2022 LiveLaw (Kar) 167 The Karnataka High Court recently set aside the conviction of a man, incarcerated since 13 years, for the offence of murder under Section 302 IPC. The Court thus set aside the life term imposed by Special CBI Court and ordered his forthwith release. 2. Karnataka High Court Grants Bail To PT Teacher Charged Under POCSO Act For Misbehaving With Student Case Title: N.R. Sugandaraju v. State of Karnataka, Case No: CRIMINAL PETITION NO.2917/2022. Citation: 2022 LiveLaw (Kar) 168 The Karnataka High Court recently granted bail to a PT Teacher accused of misbehaving with a student studying in the 10th standard of the school and charged under section 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 3. S.437 CrPC | Woman Can Be Granted Bail For Non-Bailable Offence Even If It Is Punishable With Life Sentence/ Death: Karnataka High Court Case Title: NETHRA v STATE OF KARNATAKA Case No: CRIMINAL PETITION No.2306 OF 2022 Citation: 2022 LiveLaw (Kar) 169 Observing that it is not the law that bail should always be denied in a case where the offence punishable is of death or life imprisonment, the Karnataka High Court recently granted bail to a woman accused of murdering her husband. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Netra and granted her bail relying on section 437 of the Criminal Procedure Code (CrPC). 4. [Abetment Of Suicide] Perception Of Words Differs From Person To Person, Can't Quash FIR Without Trial: Karnataka High Court Case Title: V Srinivasaraju v State by Yelahanka Police. Case No: Criminal Petition no 4770/2015. Citation: 2022 LiveLaw (Kar) 170 The Karnataka High Court while refusing to quash the case of abetment of suicide against an accused, has observed that perception of threatening word differs from person to person and thus, it would not be appropriate in the facts of the case to quash the FIR without a full-fledged trial. 5. Police Sub-Inspector Is Empowered To Investigate & File Charge Sheet: Karnataka High Court Case Title: E S Praveen Kumar v. State of Karnataka, Case No: Criminal Petition 2807/2022. Citation: 2022 LiveLaw (Kar) 171 The Karnataka High Court has held that a Police Sub-Inspector is empowered to investigate and file charge sheet. There is no defect in the charge sheet filed by the Police Sub-Inspector after due investigation. 6. No Stamp Duty Leviable On Award Of Compensation Passed By An Arbitrator Under Section 3G(5) Of The National Highways Act: Karnataka High Court Case Title: Shalini and Anr. versus National Highways Authority of India and Ors. Citation : 2022 LiveLaw (Kar) 172 The Karnataka High Court has ruled that an award of compensation passed by an Arbitrator under Section 3G(5) of the National Highways Act, 1956 does not attract stamp duty. 7. Karnataka High Court Dismisses Plea Seeking Action Against KGF-2 Movie For Alleged Promotion Of Smoking Case Title: CANCER PATIENTS AID ASSOCIATION v CENTRAL BOARD OF FILM CERTIFICATION Citation : 2022 LiveLaw (Kar) 173 Case no: WP 5861/2022 The Karnataka High Court on Tuesday dismissed a petition filed by Cancer Patients Aid Association against the movie "KGF-2" for allegedly promoting smoking by displaying the habit as healthy and heroic. 8. Speedy Investigation : Karnataka High Court Sets Time Limit For Probe; 60 Days For Petty Offences, 90 Day For Heinous Crimes Case Title: SUJIT S/O MADIWALAPPA MULGUND v. THE SUPERINTENDENT OF POLICE Case No: WP 15144/2021 Citation: 2022 LiveLaw (Kar) 174 The Karnataka High Court has issued general directions for speedy conclusion of investigations in criminal matters. A single judge bench of Justice S Sunil Dutt Yadav in its interim order said, "There is a requirement to pass directions for speedy conclusion of investigation, that may be applicable to the matters in general." Other reports 1. Karnataka High Court Extends Stay On ED Attachment Of Xiaomi India Pvt Assets Case Title:...

Karnataka High Court Weekly Round Up: May 23 - May 29, 2022

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