Karnataka High Court Weekly Round-Up: October 21 To October 27, 2024

Citations: 2024 LiveLaw (Kar) 444 To 2024 LiveLaw (Kar) 449

Nominal Index:

ALL INDIA DALIT ACTION COMMITTEE ® AND Rahul Gandhi & Others. 2024 LiveLaw (Kar) 444

Prajwal Revanna v. State of Karnataka and other petitions. 2024 LiveLaw (Kar) 445

M/s Steel Rocks INC & ANR AND M/S. BANGALORE ELEVATED TOLLWAY PVT. LTD & ANR. 2024 LiveLaw (Kar) 446

B Gopal Krishna & ANR AND District Commissioner, District Appropriate Authority & Others. 2024 LiveLaw (Kar) 447

Krishna Naik AND State of Karnataka & Others. 2024 LiveLaw (Kar) 448

BHIMAPPA GUNDAPPA GADAD AND State of Karnataka. 2024 LiveLaw (Kar) 449.

Judgments/Orders

Karnataka High Court Refuses To Entertain PIL Against Rahul Gandhi For 'Disrespecting' Remarks On Women In Relation To Prajwal Revanna Videos

Case Title: ALL INDIA DALIT ACTION COMMITTEE ® AND Rahul Gandhi & Others

Case No: WP 20712/2024

Citation No: 2024 LiveLaw (Kar) 444

The Karnataka High Court on Monday (October 21) dismissed a public interest litigation seeking action against Congress leader Rahul Gandhi for making alleged objectionable comments during a public speech, stating that "mass rape" had been committed by former Hassan MP Prajwal Revanna.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by All India Dalit Action Committee which had also sought a direction to Gandhi to tender an unconditional apology to the women for the said "unconstitutional speeches".

Karnataka High Court Denies Bail To Suspended Janta Dal (S) Leader Prajwal Revanna In Rape and Sexual Assault Case

Case Title: Prajwal Revanna v. State of Karnataka and other petitions

Case No: Criminal Petition No. 6401/2024

Citation No: 2024 LiveLaw (Kar) 445

The Karnataka High Court on Monday dismissed the bail and anticipatory pleas of suspended Janta Dal (S) leader Prajwal Revanna who has been arrested on the allegations of rape and sexual assault.

A single judge bench of Justice M Nagaprasanna had reserved the order in the bail pleas, after hearing the parties.

On September 19, had reserved its order on the bail application (first case) filed by suspended Janta Dal (S) leader Prajwal Revanna who has been arrested on the allegations of rape and sexual assault. On September 26, the court had reserved its order on the two anticipatory bail applications filed by Revanna.

Mere Change Of Counsel Not Enough To Permit Recall Of Witness U/S 311 CrPC: Karnataka High Court Reaffirms

Case Title: M/s Steel Rocks INC & ANR AND M/S. BANGALORE ELEVATED TOLLWAY PVT. LTD & ANR

Case No: CRIMINAL PETITION No.4877 OF 2024.

Citation No: 2024 LiveLaw (Kar) 446

While hearing a matter concerning cheque bouncing, the Karnataka High Court reaffirmed that a mere change of counsel cannot be a ground to recall the witness for further cross examination under Section 311 of the Criminal Procedure Code.

For context, Section 311 grants a court the power to summon material witnesses, or examine persons present. The high court further observed that a plea moved under Section 311 can't be permitted as a matter of course, as recalling of witnesses cannot be permitted at the very end of a trial.

A single judge bench of Justice M Nagaprasanna in its October 21 order said,

“On a coalesce of the law elucidated by the Apex Court what would unmistakably emerge is that, it is not a matter of course that an application under Section 311 of the Cr.P.C., should be permitted. Mere change of counsel cannot be a ground to recall the witness. The application must contain details as to why the witness is required to be recalled. Recalling of witnesses should not be permitted at the fag end of the trial".

Authority Must Dispose Of Applications To Renew Registration Of Clinical Labs Within 1 Month, Failing Which Labs Can't Be Held Liable: Karnataka HC

Case Title: B Gopal Krishna & ANR AND District Commissioner, District Appropriate Authority & Others

Case No: CRIMINAL PETITION No.6934 OF 2024

Citation No: 2024 LiveLaw (Kar) 447

The Karnataka High Court has set a deadline of one month for the competent authority to dispose of the application filed seeking renewal of a clinical laboratory under the Karnataka Private Medical Establishments Act, 2007 failing which registration of crime for the offence of non-registration cannot become an offence, against those clinics.

A single judge bench of Justice M Nagaprasanna held thus while allowing a petition filed by B Gopala Krishna & Another and quashed the offence registered against them under 23, 23(1), 23(2), 20(1), 20(2), 20(3) of the Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act.

Karnataka High Court Declines To Quash Cheating Case Against Sculptor For Doing "Shoddy Job" Of Designing Statue For Theme Park

Case Title: Krishna Naik AND State of Karnataka & Others

Case No: CRIMINAL PETITION No.6159 OF 2024

Citation No: 2024 LiveLaw (Kar) 448

The Karnataka High Court has refused to quash a cheating case registered against Krishna Naik, accused of unscientifically erecting a 33-foot statue of Parashurama inside a theme park in Udupi district, which had to be brought down after a few months of erection.

A single judge bench of Justice M Nagaprasanna dismissed the petition and said, “Though the petitioner was entrusted with the work of sculpting the statue scientifically according to specifications and within time frame, in the theme park before the inauguration day, he has done a shoddy job, prima facie.”

'Misconceived': Karnataka High Court Rejects PIL Seeking 'Separate Flag' For The State

Case Title: BHIMAPPA GUNDAPPA GADAD AND State of Karnataka

Case No: WP 26739/2023

Citation No: 2024 LiveLaw (Kar) 449.

The Karnataka High Court on Friday dismissed a public interest litigation seeking a separate flag for the State. A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed observed, “Matters of grievance of such nature would hardly fall within the domain of the court jurisdiction, much less in the realm of public interest jurisdiction. The petition is misconceived and dismissed.”