Karnataka High Court
'Would Have Chilling Effect On Advocacy': Karnataka High Court Flags Dangerous Trend Of FIRs Against Lawyers Appearing For Opponents
The Karnataka High Court on Tuesday (February 3) flagged the dangerous trend of complainants registering FIRs against advocates who represent their opponents remarking that this would create a chilling effect on the profession of advocacy. The court was hearing a lawyer's plea challenging an FIR where he has been arraigned as an accused, including for the offence of Section 69 (Sexual...
'Will Lay Down Something': Karnataka High Court Mulls Framing Guidelines On Providing Home-Cooked Food To Undertrials, Prisoners
The Karnataka High Court on Tuesday (February 3) orally remarked that it will lay down guidelines on providing home-cooked food to undertrials and prisoners, while hearing a plea against order providing this facility to actress Pavithra Gowda, Nagaraju R and Lakshman M–presently facing trial in the Renukaswamy Murder case.The State Government has challenged a Sessions Court order...
FIR Against Juvenile For Petty Offence Unsustainable Under JJ Act: Karnataka High Court Quashes Case
The Karnataka High Court on Tuesday (February 03) quashed an FIR against an accused who was stated to be a juvenile at the time of registration of the crime, noting that offence alleged against him was a petty offence under Juvenile Justice Act and thus FIR could not have been registered against him. Justice M Nagaprasanna was hearing the petitioner's plea who had challenged the registration of a 2023 FIR under IPC Sections 341 (wrongful restraint),323 (punishment for voluntarily...
Can Arrested Foreign Nationals Claim Protections Under Article 22? Karnataka High Court To Decide
The Karnataka High Court is set to consider whether foreign nationals booked in criminal proceedings can claim protections available under Article 22 of the Constitution regarding arrest, more so when the person has overstayed without a valid visa or without registering with the Foreigners Regional Registration Office. Justice M Nagaprasanna on Tuesday (February 3) was hearing pleas filed by two Nigerian nationals seeking direction to be released on the ground that they have been taken in...
Open Areas Shrinking But Govt Can't Be Barred From Using Allotted Land: Karnataka High Court Rejects PIL Against Construction On 'Playground'
The Karnataka High Court recently dismissed a PIL against construction of a compound wall around a passport office claimed to be constructed on a land used as a playground by children and public in Bengaluru, after noting that the land in question was allotted to the government. In doing so the court noted that while there is concern that open lands in the city are shrinking, however the government cannot be interdicted to use lands allotted to it specially when no zonal plan was produced...
Karnataka High Court Quashes FIR, Order Directing Probe Against Former Bangalore North University VC Based On Defamation Complaint
The Karnataka High Court quashed an FIR against former Vice Chancellor of Bangalore North University Professor Niranjana, registered based on an order passed by a trial court directing investigation into a criminal defamation private complaint.In doing so the court observed that if defamation is an amalgam of all other offences the trial court could not have directed investigation by the police as defamation is a lis between two persons. The petitioner had sought quashing of an FIR...
'Everything Can't Be Countenanced': Karnataka High Court Refuses To Quash FIR Over 'Obscene Depiction' Of Hindu Deities In WhatsApp Group
The Karnataka High Court refused to quash a 2021 FIR lodged against a man who was stated to be member of a WhatsApp Group allegedly circulating 'obscene depiction' of Hindu Deities, observing that a "prima facie" case was made out wherein the material on its face could disturb communal harmony. The FIR was registered under IPC Sections 295A (Deliberate and malicious acts, intended to...
Trial Court Erred In Ignoring Grievous Injuries On Neck: Karnataka High Court Convicts Husband For Attempting To Murder Wife Using Machete
The Karnataka High Court overturned a trial court order which had acquitted a husband for offence of attempt to murder his wife by attacking her with a razor blade and a chopper/machete, holding that the court had failed to note the nature of injuries on vital parts of the wife's neck.It further said that the trial court had instead invoked Section 326 IPC (Voluntarily causing grievous hurt...
'Offence Is Horrendous, Heinous': Karnataka High Court Upholds Cancellation Of Rape Accused's Bail For Threatening Survivor, Family
The Karnataka High Court on Friday (January 30) upheld a sessions court order cancelling a man's bail, who is accused of raping a minor in 2024, after he allegedly threatened the survivor and her family while out on bail. In doing so, the high court said that the offence was "heinous and horrendous" and the trial court order warranted no interference. The petitioner had moved the high...
Karnataka High Court Refuses To Stay Circular Barring Attendants Inside Ultrasound Rooms In Husband's Plea To Accompany Pregnant Wife
The Karnataka High Court on Friday (January 30) refused to grant interim relief to a husband seeking stay of a 2024 state government circular prohibiting entry of attendants, including spouse, inside ultrasound scan rooms urging that he be permitted to accompany his pregnant wife. While the court did not grant interim relief at this stage, it however told the petitioner to pursue the...
Promise To Marry: Karnataka High Court Refuses To Interfere With Rape Acquittal, Cites Complainant's Own Reluctance To Marry
The Karnataka High Court rejected the State's appeal challenging a man's acquittal accused of rape on false promise of marriage, after noting that the complainant–who met the accused on a matrimonial site–had herself stated that she was unwilling to marry to him. A division bench of Justice HP Sandesh and Justice Venkatesh Naik T was hearing the State's appeal challenging sessions court...
Court Can Direct Interim Sharing Of Joint Family Property Income With Married Sisters Having Constructive Possession: Karnataka High Court
The Karnataka High Court has held that married sisters' claim for maintenance from their brother is not maintainable in a partition suit. However, it said, if a prima facie case is made out that a co-owner (plaintiff) is being exclusively deprived of income from joint family property by another co-owner (brother) even though former is in constructive possession, the court may direct...