Karnataka High Court Weekly Round-Up: November 7 to November 13, 2022

Nominal Index: SHIVAPPA @ SHIVANAND HITTANAGI v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 444 Supriya Shirnate & others And MRT Music & others. 2022 LiveLaw (Kar) 445 MOHAMMAD SHARIFF @ FAHIM HAJI v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 446 PUNIT S/O BHIMSINGH RAJPUT v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 447 YELLAWWA v. SAVITRI. 2022 LiveLaw (Kar) 448 GURUNAGOUDA @ GURUMURTHYGOUDA v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 449 NAGESH & Others v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 450 VIMALA RAMANATH PAWAR v. SENIOR MANAGER, CENTRALISED PENSION PROCESSING CENTRE & Others. 2022 LiveLaw (Kar) 451 Case Title: VASANTH ADITHYA. J v. STATE BY KARNATAKA. 2022 LiveLaw (Kar) 452 JAVVAJI DHANA THEJA & others v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 453 RAHUL CHARI & ANR v. STATE OF KARNATAKA & others. 2022 LiveLaw (Kar) 454 HEENA THIRUMALI SATEESH & ANR v. M/S MINIMELT ENGINEERS INDIA. 2022 LiveLaw (Kar) 455 CHERIYAN M C & Others v. STATE BY JAYAPURA POLICE STATION. 2022 LiveLaw (Kar) 456 Judgments/Orders: 1. Ensure Necessary Training Of Officers On Handling Of Electronic Evidence: Karnataka HC To State DGP, Director Prosecution & Registrar GeneralCase Title: SHIVAPPA @ SHIVANAND HITTANAGI v. THE STATE OF KARNATAKA Case No: CRIMINAL APPEAL NO. 100187 OF 2017 Citation: 2022 LiveLaw (Kar) 444 The Karnataka High Court has directed the Director General of the Police, the Director of Public Prosecution and HC Registrar (General) to make arrangements for necessary training of their officers in respect of receiving, handling, storage and use of electronic evidence. A division bench of Justice Suraj Govindaraj and Justice G Basavaraja sitting at Dharwad, issued the directions for better implementation of the directions already issued regarding the collection, handling and storing of electronic evidence, by coordinate benches in two other cases. 2. BREAKING|Karnataka HC Sets Aside Lower Court Order Blocking Twitter Accounts Of Congress & Bharat Jodo Yatra, Subject To Removal Of Infringing Material Case Title: Supriya Shirnate & others And MRT Music & others. Citation: 2022 LiveLaw (Kar) 445 The Karnataka High Court today allowed the appeal preferred by Indian National Congress against a civil court order which directed Twitter to block the national party's user account and that of Bharat Jodo. The relief is subject to the party removing material from their handles that offend MRT Music's copyrights. A division bench of Justices G. Narendar and PN Desai remarked, "The impugned order virtually grants an enlarged relief...Shutting out (blocking account) is punitive." The trial court yesterday directed Twitter to temporarily block the handles of Indian National Congress and Bharat Jodo after MRT Music in a suit accused the party of infringing its copyright by "illegal" use of KGF chapter-2's music in the videos uploaded by it on the microblogging platform. 3. Merely Because Victim Is Same Doesn't Mean Offence Is Same: Karnataka HC Permits Registration Of Separate FIRs For Minor's Rape By Several Accused Case Title: MOHAMMAD SHARIFF @ FAHIM HAJI v. THE STATE OF KARNATAKA Case No: CRIMINAL PETITION No.8502 OF 2022 Citation: 2022 LiveLaw (Kar) 446 The Karnataka High Court has upheld registering of multiple FIRs against different persons accused of rape based on the complaint of a minor girl who was allegedly forced into prostitution. A single judge bench of Justice M Nagaprasanna said, "There was physical contact of every man who had come in contact with a minor girl. Those are separate incidents which may have happened on the same day. The accused are different as every man was different. Merely because the victim is the same, it cannot be said that only one crime should have been registered and all of them should be put in one basket as accused in the said crime." 4. Irked By Recurring Instances Of Improper Police Investigations, Karnataka HC Asks DGP To Formulate SOP;Initiate Disciplinary Action For ViolationCase Title: PUNIT S/O BHIMSINGH RAJPUT v. STATE OF KARNATAKA Case No: CRIMINAL APPEAL NO. 100191 OF 2019 (C-) C/W CRIMINAL APPEAL NO. 100194 OF 2019. Citation: 2022 LiveLaw (Kar) 447 Irked by the recurring number of cases where the Police investigation is not up to the mark, the Karnataka High Court has asked the Director General of Police to have a standard operating procedure (SOP) for investigating different crimes and to hold disciplinary proceedings against the investigating officers if the SOP established is not adhered to. A division bench of Justice Suraj Govindaraj and Justice G Basavaraja, while setting aside a Murder conviction, observed, "We have observed that the investigation has not been carried out properly. This is again not a stray occurrence but a very common occurrence that this Court has been coming across. Hence, it is...

Karnataka High Court Weekly Round-Up: November 7 to November 13, 2022

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