Karnataka High Court Weekly Round-Up: August 26 to September 1

Citations: 2024 LiveLaw (Kar) 380 To 2024 LiveLaw (Kar) 387

Nominal Index:

Mahathma Gandhiji Grama Hitha Mandali AND State of Karnataka. 2024 LiveLaw (Kar) 380

Mayukh Mukherjee AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 381

Chaithanya Reddy S V AND Nayana & ANR. 2024 LiveLaw (Kar) 382

Chidanandaya & ANR AND Shivalingappa Mallappa Biradar & Others for Respondents. 2024 LiveLaw (Kar) 383

Gajendra K M & Others AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 384

State of Karnataka AND H D Revanna. 2024 LiveLaw (Kar) 385

BASANAGOUDA R PATIL (YATNAL) AND State of Karnataka & Others. 2024 LiveLaw (Kar) 386

Mohammed Dastagir AND Telecom Regulatory Authority of India & Others. 2024 LiveLaw (Kar) 387

Judgments/Orders

Fair Price Shops Must Enable Access For Impoverished Classes And Ensure Distribution To All Citizens In Speedy, Cheap Manner: Karnataka HC (livelaw.in)

Case Title: Mahathma Gandhiji Grama Hitha Mandali AND State of Karnataka

Case No: WRIT PETITION NO.202758 OF 2022

Citation No: 2024 LiveLaw (Kar) 380

The Karnataka High Court has said that the object and purpose of establishing a fair price shop is to enable the citizens of the country to have easy access to fair price shops, more so, when the ration card holders belong to the impoverished class of society and many of them are below the poverty line.

A single judge bench of Justice Suraj Govindaraj dismissed a petition filed by Mahatma Gandhiji Grama Hitha Mandali, a fair price shop questioning the government's decision to start another shop in the same village.

[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court

Case Title: Mayukh Mukherjee AND State of Karnataka & ANR

Case No: CRIMINAL PETITION No.9707 OF 2023

Citation No: 2024 LiveLaw (Kar) 381

The Karnataka High Court has held instigation or otherwise by a husband for the commission of suicide of the wife can only be deciphered in a full-blown trial after recording evidence.

A single judge bench of Justice M Nagaprasanna while refusing the quash the abatement to suicide charge against Mayukh Mukherjee said “In the life of husband and wife it cannot be said that there should be minimum proximity. The wife being driven to the wall to an extent of commission of suicide cannot happen at the spur of the moment. It is a collection of agony that has resulted in the fateful incident. It is akin to the explosion of a dormant volcano. Instigation or otherwise of a husband for commission of suicide of the wife can only be deciphered in a full blown trial.”

Father Responsible To Pay Child's School Fees Apart From Interim Maintenance Particularly When Wife Unemployed At His Insistence: Karnataka HC

Case Title: Chaithanya Reddy S V AND Nayana & ANR

Case No: CRIMINAL PETITION NO. 4463 OF 2024

Citation No: 2024 LiveLaw (Kar) 382

The Karnataka High Court has said that payment of child's school fees by a father would not mean that he would not pay maintenance amount to the child on account of him living separately with his mother.

A single judge bench of Justice M Nagaprasanna rejected the petition filed by a husband challenging an order of the trial court directing him to pay Rs 5,000 each to wife and child as interim maintenance.

Person With LMV License Permitted To Drive Tractor As Unladen Weight Is Below 7500 Kgs, Insurance Company Must Compensate In Case Of Accident: Karnataka HC

Case Title: Chidanandaya & ANR AND Shivalingappa Mallappa Biradar & Others for Respondents.

Case No: MISCL. FIRST APPEAL NO.200721 OF 2019 (MV-D) C/W MISCL. FIRST APPEAL NO.200722 OF 2019(MV-D) MISCL. FIRST APPEAL NO.200038 OF 2020(MV-D) MISCL. FIRST APPEAL NO.200039 OF 2020

Citation No: 2024 LiveLaw (Kar) 383

The Karnataka High Court has said that a person holding a light motor vehicle driving licence is permitted to drive a tractor as the unladen weight does not exceed 7500 kg and the insurance company is liable to pay compensation to the claimants in case the driver of the tractor causes an accident.

A Single judge bench of Justice K Natarajan held thus while dismissing the appeal filed by the Branch Manager of M/s United India Insurance Co Ltd, which had challenged the order passed by the Motor Accidents Claim Tribunal questioning the fastening of liability on it as well as the quantum of compensation awarded to the claimants.

Karnataka High Court Says Same Investigating Officer Must Probe Cross-Cases Registered By Parties To Same Incident

Case Title: Gajendra K M & Others AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 6248 OF 2024

Citation No: 2024 LiveLaw (Kar) 384

The Karnataka High Court has directed the State government to ensure that one investigating officer probes cases registered against each other by parties to the same incident.

A single judge bench of Justice M Nagaprasanna has directed the registry to send its order to the Department of Home Affairs, Deputy General of Police and the Law Minister, suggesting to bring about an amendment to the Karnataka Police Manual and issuance of a circular clearly indicating that any violation by different Investigating Officers conducting investigation in a case and a counter case would become open to Departmental Action.

Karnataka High Court Refuses To Cancel HD Revanna's Bail In Abduction Case

Case Title: State of Karnataka AND H D Revanna

Case No: CRL.P 4914/2024

Citation: 2024 LiveLaw (Kar) 385

The Karnataka High Court has dismissed the petition filed by the Special Investigation Team (SIT) seeking cancellation of bail granted to Janata Dal (Secular) leader HD Revanna, accused of abducting a woman.

A single judge bench of Justice M Nagaprasanna had reserved the order on August 01 after hearing the parties. Revanna was granted bail by the special court on May 13.

The High Court today also granted bail to Satish Babanna and others who are co-accused in the case. Copy of detailed judgment is awaited.

Karnataka High Court Dismisses Pleas Challenging State Govt's Decision To Withdraw Consent For CBI Probe Against DK Shivakumar

Case Title: BASANAGOUDA R PATIL (YATNAL) AND State of Karnataka & Others

Case No: WP 27220/2023 c/w WP 670/2024.

Citation: 2024 LiveLaw (Kar) 386

The Karnataka High Court has dismissed the petitions filed by CBI & BJP MLA Basangouda Patil Yatnal challenging the State government's decision to withdraw consent for a CBI probe into corruption allegations against Congress leader and Deputy CM DK Shivakumar.

A division bench of Justice K Somashekhar and Justice Umesh M Adiga had on August 12, reserved its order on the petitions filed by the Central Bureau of Investigation and BJP MLA Basangouda Patil Yatnal challenging the State government's decision to withdraw consent for CBI probe into corruption allegations against Congress leader and Karnataka's Deputy Chief Minister DK Shivakumar.

Karnataka High Court Dismisses Plea Seeking Action By TRAI Against Spam Calls, Fraudulent Practises By Telemarketers

Case Title: Mohammed Dastagir AND Telecom Regulatory Authority of India & Others

Case No: WRIT PETITION NO. 45162 OF 2019

Citation No: 2024 LiveLaw (Kar) 387

The Karnataka High Court has dismissed a petition filed by one Mohammed Dastagir, seeking direction on the Telecom Regulatory Authority of India (TRAI) to take urgent steps to prevent telemarketers from creating fake records and include names of telecom subscribers in the list of numbers to whom they send pesky calls and also provide for stringent punishment for such fraudulent practices.

A single judge bench of Justice M G S Kamal dismissed the petition and granted liberty to the petitioner to approach the appropriate forum to seek adjudication of his grievances.