Karnataka High Court Weekly Round-Up: September 2 To September 8, 2024

Citations: 2024 LiveLaw (Kar) 388 To 2024 LiveLaw (Kar) 395

Nominal Index:

State By Mahadevapura Police Station AND Padmavathamma C. 2024 LiveLaw (Kar) 388

Santhosh K S AND Dilip Kumar H & Others. 2024 LiveLaw (Kar) 389

Deepa Darshan H P & ANR AND Police Inspector & ANR . 2024 LiveLaw (Kar) 390

R Gopal Reddy AND Mohammed Mukaram. 2024 LiveLaw (Kar) 391

Abdul Rehman & Others AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 392

M/S ZIM LABORATORIES LTD & Others AND Union of India. 2024 LiveLaw (Kar) 393

Santhosh K S AND Dilip Kumar H & Others. 2024 LiveLaw (Kar) 394

B.M Venkatappa AND State of Karnataka. 2024 LiveLaw (Kar) 395

Judgments/Orders

Trial Court Can Order Further Investigation In A Case, But Cannot Transfer It To Another Agency: Karnataka High Court

Case Title: State By Mahadevapura Police Station AND Padmavathamma C

Case No: CRIMINAL PETITION NO. 7813 OF 2024

Citation No: 2024 LiveLaw (Kar) 388

The Karnataka High Court has held that the trial court cannot direct further investigation to be done in a murder case by a different agency, its power is restricted only to order further investigation by the same investigating agency.

A single judge bench of Justice M Nagaprasanna held thus while allowing the petition filed by the State Government and set aside the order of the special court directing further investigation to be carried out by CID.

Karnataka High Court Quashes Case Against IIT Graduate Who Developed Software Tool To Reduce Time For Booking Railway Tatkal Tickets

Case Title: Gaurav Dahake AND Union of India

Case No: CRIMINAL PETITION No.2926 OF 2024

Citation No: 2024 LiveLaw (Kar) 389

The Karnataka High Court has quashed the criminal proceedings initiated under the Railways Act against an IIT Graduate and startup founder, who developed a software tool using which Railway Tatkal tickets would be generated within 45 seconds instead of the usual 5 to 7 minutes it would take on the railway website.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Gaurav Dhake who was charged under Section 143 of the Railways act, alleging that he had illegally procured and distributed railway tickets.

Karnataka HC Declines To Quash Molestation Case Against Astrologer Accused Of Touching Woman Inappropriately To 'Fix' Her Kundali

Case Title: Deepa Darshan H P & ANR AND Police Inspector & ANR

Case No: CRIMINAL PETITION NO. 2585 OF 2021

Citation No: 2024 LiveLaw (Kar) 390

The Karnataka High Court has refused to quash proceedings initiated against an astrologer who outraged a woman's modesty by inappropriately touching her under the guise of performing puja to set right her kundali. The Court also declined to quash charges against the woman's husband who took her to the astrologer and threatened her to not reveal her ordeal to anyone else.

A single judge bench of Justice MG Uma dismissed the petition filed by Deepa Darshan H P and Mohandas @Shivaramu who had approached the court seeking to quash the prosecution registered against them under Sections 498A, 354, 354A, 508 R/W 34 of the Indian Penal Code.

Owner Of Premises Where Drugs Are Found Can Only Be Prosecuted If He Knowingly Permitted Use For Commission Of Offence: Karnataka HC

Case Title: R Gopal Reddy AND Mohammed Mukaram

Case No: WRIT PETITION No.13943 OF 2024

Citation No: 2024 LiveLaw (Kar) 391

The Karnataka High Court has reiterated that the owner or occupier of a premise only if he knowingly permits it to be used for commission of the offence under the Narcotic Drugs and Psychotropic Substances Act (NDPS), would he become punishable.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by one R Gopal Reddy and quashed the proceedings initiated against him under Sections 8(c), 22(b), 22(C), 22(A), 27(B), 25, 27 of the Act.

It said, “There should be more than prima facie material to hold that the owner or occupier of the premises was in complete knowledge of what was happening in the premises, as Section 25 creates a vicarious liability against the person who is the owner who has knowingly permitted usage of premises, knowledge pervades the provision of law.”

Accused Charged Under Wildlife Protection Act Walk Around With Pride Because Of Delay In Concluding Trial: Karnataka High Court

Case Title: Abdul Rehman & Others AND State of Karnataka & ANR

Case No: CRL.P 759/2024

Citation No: 2024 LiveLaw (Kar) 392

The Karnataka High Court on Wednesday orally said that offences under the Wildlife Protection Act should not be kept pending for long and trials against the accused should be completed expeditiously.

A single judge bench of Justice M Nagaprasanna, observed thus while dismissing a petition filed by accused Abdul Rehman and others who were booked in 2008, for killing a spotted deer in Bandipur forest under sections 2(36),9,31,34,35(6,8) 48(a)R/W 51 and trial of which is still pending.

Karnataka High Court Directs Creation Of Online System For Expeditious Testing Of Drug Samples By Govt Analyst, Uploading Of Reports

Case Title: M/S ZIM LABORATORIES LTD & Others AND Union of India

Case No: CRIMINAL PETITION NO. 8341 OF 2018

Citation No: 2024 LiveLaw (Kar) 393

The Karnataka High Court has directed the Drugs Controller General (India) to ensure that an efficient online system is created, whereby the drug samples which are sent for test/analysis are expeditiously tested and analysed by the Government Analyst within sixty days, and the reports sent by them are available online on a real-time basis.

A single judge bench of Justice N S Sanjay Gowda issued the directions while quashing the prosecution initiated against M/s Zim Laboratories Ltd and its Chairman and Managing Direction and others, under Section 27D of the Act.

Compensation For Future Prospects Must Be Provided To Claimants Even In Injury Cases: Karnataka High Court

Case Title: Santhosh K S AND Dilip Kumar H & Others

Case No: MISCELLANEOUS FIRST APPEAL NO.5265 OF 2021

Citation No: 2024 LiveLaw (Kar) 394

The Karnataka High Court has said that compensation under the head of future prospects is provided to claimants even in injury cases.

A single judge bench of Justice Dr Chillakur Sumalatha held thus while partly allowing the appeal filed by Santhosh K S who had challenged the order of the Motor Accident Claims Tribunal, which had awarded Rs 4,97,732 instead of Rs 25 lakh which was sought for.

The appellant was 22 years old and working as a coolie. He had sustained type B open fracture distal 3rd of the right femur and injury over the right thumb. The said injuries were noted as laceration over the right knee, exposure of the right knee and fracture of the right supra condyle femur in the wound certificate.

'Must Be Dealt With Iron Hand': Karnataka HC Upholds Conviction Of ESI Office Storekeeper Booked For Seeking Bribe To Provide Injection

Case Title: B.M Venkatappa AND State of Karnataka

Case No: CRIMINAL APPEAL NO. 861 OF 2014

Citation No: 2024 LiveLaw (Kar) 395

The Karnataka High Court has upheld the conviction handed down to a storekeeper working in the office of ESI for demanding and accepting a bribe of Rs 1,000 for supplying the required injection prescribed by a Doctor of NIMHANS hospital to the complainant.

A single-judge bench of Justice Ramachandra D Huddar partly allowed the appeal filed by B M Venkatappa and upheld the conviction but reduced the sentence imposed by the trial court on him.