Karnataka High Court Weekly Round-Up: September 16 To September 22, 2024

Hanumantha & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 403

T N Kumara AND State of Karnataka. 2024 LiveLaw (Kar) 404

Bharat Jaywant Kurane AND State of Karnataka. 2024 LiveLaw (Kar) 405

Lingesh K S & Others AND State of Karnataka. 2024 LiveLaw (Kar) 406.

PRIYANK KANOONGO AND State of Karnataka. 2024 LiveLaw (Kar) 407.

M/s.Shangrila Flat Owners Association AND Capt Mohan Prabhu. 2024 LiveLaw (Kar) 408

SHOBHA KARANDLAJE AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 409

Abin Thomas Sebastian AND Rajiv Gandhi University of Health Sciences & Others. 2024 LiveLaw (Kar) 410

Judgments/Orders

Karnataka HC Orders Departmental Inquiry Against Policemen For Filing False Chargesheet Under NDPS Act Against Students, Affecting Their Careers

Case Title: Hanumantha & ANR AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 11994 OF 2023

Citation No: 2024 LiveLaw (Kar) 403.

The Karnataka High Court has directed initiation of Disciplinary proceedings/departmental inquiry against three policemen for having filed a false charge sheet against two persons claiming they consumed Ganja, even when the FSL report clearly opined no presence of any form of contraband in their body.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Hanumantha and another and quashed the prosecution lodged against them under Section 27 of the Narcotics Drug And Psychotropic Substances Act (NDPS).

"Tried To Flee From Police, Conscious Possession": Karnataka HC Upholds Conviction Of Man Found With Counterfeit Currency In 2010

Case Title: T N Kumara AND State of Karnataka

Case No: CRIMINAL APPEAL NO. 55 OF 2013

Citation No: 2024 LiveLaw (Kar) 404

The Karnataka High Court has upheld the conviction handed down to a man 14 years after the accused committed the offence of being in possession of counterfeit currency.

A single judge bench of Justice Ramachandra D Huddar convicted T N Kumara, dismissed the appeal filed by him challenging the conviction under Section 489B and C of the Indian Penal Code in the year 2013.

The court said “The Impugned judgment of conviction and order of sentence dated 3.1.2013 passed is hereby confirmed. The accused shall surrender before the trial Court forthwith to undergo sentence (five years). The Trial Court shall take steps to secure his presence in accordance with law and commit him to the prison to undergo sentence.”

Karnataka High Court Grants Bail To Four Accused Allegedly Involved In Gauri Lankesh Murder Case

Case Title: Bharat Jaywant Kurane AND State of Karnataka

Case No: CRIMINAL PETITION NO. 7787 OF 2024 C/W CRIMINAL PETITION NO.7811/2024, 7809/2024, 7805/2024.

Citation No: 2024 LiveLaw (Kar) 405

The Karnataka High Court recently granted bail to four accused allegedly involved in the murder case of journalist Gauri Lankesh.

A single Judge bench of Justice S Vishwajith Shetty granted bail to Bharat Kurane, Srikanth Pangarkar, Sujith Kumar and Sudhanva Gondhalekar, on them executing a personal bond of Rs 1 lakh each, with two sureties of like amount.

The petitioners are charged under Sections 302, 120B, 118, 203, 35 IPC, Sections 25(1) & 27(1) of the Indian Arms Act, 1959, and Sections 3(1)(i), 3(2), 3(3) & 3(4) of the Karnataka Control of Organized Crimes Act, 2000.

Karnataka High Court Refuses To Quash Cheating Case Against Ex-MLA Lingesh, Others Accused Of Bartering Away ₹750 Cr Worth Govt Land

Case Title: Lingesh K S & Others AND State of Karnataka

Case No: CRIMINAL PETITION No.5030 OF 2023

Citation No: 2024 LiveLaw (Kar) 406.

The Karnataka High Court refused to quash a cheating and criminal conspiracy case lodged against former MLA Lingesh K S–who was the Chairman of a committee for regularisation of land between 2016-2023, after "prima facie" observing that the committee had bartered away government land as if it was its personal property.

It had been alleged that the committee–Bagair Hukum Saguvali Samithi had created records and bartered away Government lands to an extent of 2750 acres to 1430 bogus beneficiaries, valued at more than 750 crores in Lingesh's constituency at Belur, who was the then Chairman. The plea before the high court, for quashing of the case was moved by Lingesh as well as other members of the committee.

A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by Lingesh and others in its order said, “...I hold that Bagair Hukum Committee has acted Bagair Kanoon, albeit, prima facie”.

Karnataka High Court Quashes Case Filed Against NCPCR Chief For Allegedly Trespassing Into Orphanage, Passing Derogatory Remarks

Case Title: PRIYANK KANOONGO AND State of Karnataka

Case No: CRL.P 5840/2024

Citation No: 2024 LiveLaw (Kar) 407.

The Karnataka High Court on Wednesday quashed the prosecution initiated against National Commission for Protection of Child Rights (NCPCR) chief Priyank Kanoongo, for allegedly trespassing into a Muslim orphanage and comparing the living conditions there with life under Taliban rule.

A single judge bench of Justice M Nagaprasanna allowed Kanoongo's quashing petition. Detailed order is awaited.

Kanoongo and his team had visited the orphanage on November 19, 2023, following which a complaint was filed by Darul Uloom Sayideeya orphanage secretary, Ashraf Khan. The police had registered a case under sections 447, 448, 295A and 34 of the Indian Penal Code on November 21, 2023.

Non-Payment Of Maintenance Dues By Association Member Is Unjustified, Hinders Welfare Of Other Members: Karnataka High Court

Case Title: M/s.Shangrila Flat Owners Association AND Capt Mohan Prabhu

Case No: R.S.A.NO.722 OF 2023

Citation No: 2024 LiveLaw (Kar) 408

The Karnataka High Court has upheld a trial court order decreeing a suit filed by an Apartment Owners Association, seeking to recover the outstanding maintenance dues from one of its defaulting members.

A single judge bench of Justice M G S Kamal allowed the appeal filed by M/s.Shangrila Flat Owners Association challenged the order of the first appellate court which had allowed the appeal filed by 70-year-old Capt Mohan Prabhu, and reversed the trial court order.

Karnataka High Court Quashes Criminal Case Against Union Minister Shobha Karandlaje For Remarks On Rameswaram Cafe Blast

Case Title: SHOBHA KARANDLAJE AND State of Karnataka & ANR

Case No: CRL.P 2758/2024

Citation No: 2024 LiveLaw (Kar) 409

The Karnataka High Court on Thursday quashed the criminal case registered against Member of Parliament, Shobha Karandlaje, after she had made a statement during a protest in Bengaluru, linking the suspect in the Rameshwaram cafe blast with Tamil Nadu.

A single-judge bench of Justice M Nagaprasanna allowed the petition and quashed the proceedings registered with the Cottenpet Police station under sections 123(3),123(3A), and 125 of the Representation of People Act.

Karnataka High Court Upholds Guidelines Which Did Away With Grant Of Grace Marks In UG Medical Examinations

Case Title: Abin Thomas Sebastian AND Rajiv Gandhi University of Health Sciences & Others

Case No: WRIT PETITION NO. 8912 OF 2024 (EDN-RES) C/W WRIT PETITION NO. 1916 OF 2024 (EDN-RES) WRIT PETITION NO. 8989 OF 2024 (EDN-RES) WRIT PETITION NO. 9017 OF 2024 (EDN-RES) WRIT PETITION NO. 9029 OF 2024 (EDN-RES) WRIT PETITION NO. 9094 OF 2024 (EDN-RES) WRIT PETITION NO. 9228 OF 2024 (EDN-RES) WRIT PETITION NO. 9333 OF 2024 (EDN-RES) WRIT PETITION NO. 9357 OF 2024 (EDN-RES) WRIT PETITION NO. 9412 OF 2024 (EDN-RES) WRIT PETITION NO. 9459 OF 2024 (EDN-RES) WRIT PETITION NO. 9462 OF 2024 (EDN-RES) WRIT PETITION NO. 9716 OF 2024 (EDN-RES) WRIT PETITION NO. 9718 OF 2024 (EDN-RES) WRIT PETITION NO. 9722 OF 2024 (EDN-RES) WRIT PETITION NO. 9975 OF 2024 (EDN-RES) WRIT PETITION NO. 10509 OF 2024 (EDN-RES) WRIT PETITION NO. 11801 OF 2024 (EDN-RES) WRIT PETITION NO. 11844 OF 2024 (EDN-RES) WRIT PETITION NO. 14344 OF 2024 (EDN-RES).

Citation No: 2024 LiveLaw (Kar) 410

The Karnataka High Court has dismissed a batch of petitions filed by undergraduate medical students seeking a grant of five grace marks for the exams conducted in January, which would help them pass their examination.

The primary contention of the students was that under the Regulations on Graduate Medical Education (Amendment) 2019, provision for grace was available and the benefit of the same should be extended to them.

However, the Guidelines issued by the Undergraduate Medical Education Board, (UGMEB) formed under the National Medical Council Act, on 01.08.2023 did away with the award of grace marks. The students claimed the benefit under the 2019 Regulations ought to prevail and the students ought to be given grace marks as the regulations framed will have precedence over the Guidelines.