Karnataka High Court Weekly Round Up : April 11 To April 17, 2022

M/S. A. SEATING & Others v. M/S. NANDINI MODULARS 2022 LiveLaw (Kar) 113

J P I Dass School Of Nursing V State Of Karnataka 2022 Livelaw (Kar) 114

BABU S v. STATE BY KENGERI POLICE STATION 2022 LiveLaw (Kar) 115

 D V VENKATESHAPPA v. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE  2022 LiveLaw (Kar) 116

 Master Pavan S v. State Of Karnataka  2022 Livelaw (Kar) 117

 Letzkit Foundation v. The State of Karnataka  2022 LiveLaw (Kar) 118

SOHO PUB AND GRILL And STATE OF KARNATAKA 2022 LiveLaw (Kar) 120

Zuhab Hameed Shakeel Manna @ Zohib Manna v. The National Investigation Agency  2022 LiveLaw (Kar) 121

Judgments/Orders/Reports

1. If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC

Case Title: M/S. A. SEATING & Others v. M/S. NANDINI MODULARS Case No: CRIMINAL REVISION PETITION NO.1242/2021

Citation: 2022 LiveLaw (Kar) 113

The Karnataka High Court has said that if a party, opposing the proceedings instituted under Section 138 of the Negotiable Instruments Act, fails to raise the ground of delay in filing the complaint before the court of first instance, the Court in Appeal is empowered to remand the matter back for fresh consideration on the issue of condonation of delay under Section 142(b) of the Act.

2. High Court Orders Karnataka Govt, State Nursing Council To Decide Pleas For Starting General Nursing & Midwifery Courses In 8 Weeks

Case Title: J P I Dass School Of Nursing V State Of Karnataka Case No: Writ Petition No.4980 Of 2022

Citation : 2022 Livelaw (Kar) 114

The Karnataka High Court has directed the state government and the Karnataka State Nursing Council to consider and take final decision on the proposal forwarded by 25 nursing schools seeking to start fresh courses in General Nursing and Midwifery (GNM) for the academic year 2021-22.

3. Customer Found In Brothel At Time Of Raid Can't Be Hauled Into Criminal Proceedings: Karnataka High Court Reiterates

Case Title: BABU S v. STATE BY KENGERI POLICE STATION Case No: CRIMINAL PETITION No.2119 OF 2022

Citation: 2022 LiveLaw (Kar) 115

The Karnataka High Court has reiterated that a customer found in a brothel at the time when it is raided cannot be prosecuted. A single judge bench of Justice M Nagarpasanna allowed the petition filed by one Babu S and quashed the proceedings pending against him under sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, 1956 and section 370 (Trafficking of person) of the IPC.

4. State Forfeiting Private Property Without Giving Compensation Or TDR Certificates Violates Art. 300A Of Constitution: Karnataka High Court

Case Title: D V VENKATESHAPPA v. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE. Case No: W.P.NO.1402/2021 

Citation: 2022 LiveLaw (Kar) 116

The Karnataka High Court has directed the State government and Bruhat Bengaluru Mahanagara Palike (BBMP) to grant Transferable Development Rights (TDR) Certificates to a group of petitioners who surrendered their land to the corporation few years ago and still haven't received the TDR in-lieu of compensation.

5. Karnataka High Court Grants Bail To Juvenile Incarcerated For 2.5 Yrs; Maximum Punishment If Found Guilty Would Be 3 Yrs

Case Title: Master Pavan S v. State Of Karnataka Case No: Criminal Revision Petition No.195/2021

Citation: 2022 Livelaw (Kar) 117

Observing that whereas the maximum punishment in respect of the alleged offence for which the accused, who was 17 years old at the time, is booked is of 3 years and he has already spent about 2½ years in custody, the Karnataka High Court passed an order granting bail.

The petitioner who was aged about 17 years, along with other accused persons, who are 21 in number, are said to have committed murder of two persons. Hence, the police have investigated the matter and filed the charge-sheet. The Petitioner herein was booked under Sections 143, 144, 147, 148, 341, 302, 120-B, 427 read with Section 149 of IPC and Section 3(2) of PDPP Act.

6. Notified Draft Rules For Inquiry & Counselling In Cases Of Surrender Of Children By Parents: State Tells Karnataka High Court

Case Title: Letzkit Foundation v. The State of Karnataka Case No: WP 10092/ 2021

Citation: 2022 LiveLaw (Kar) 118

The Karnataka government on Wednesday informed the High Court that it has published the draft rules which provide for the procedure for inquiry and counselling to be followed by Child Welfare Committees, in cases of surrender of a child by parents/ guardians to the Committee.

7. Smoking In Public Places Is Prohibited: Karnataka High Court Directs Restaurant To Earmark Hookah Smoking Area, Obtain License

Case Title: SOHO PUB AND GRILL And STATE OF KARNATAKA Case No: WRIT PETITION No.6971 OF 2022

Citation: 2022 LiveLaw (Kar) 120

The Karnataka High Court has directed a restaurant, Soho Pub & Grill, to earmark a separate area in its premises, after obtaining a licence, for allowing its patrons to smoke hookah. "Smoking of hookah should not cause inconvenience to other customers since smoking has been prohibited in public places, an exclusive area with separate enclosure is required to be reserved for hookah bar," Justice SG Pandit observed.

8.S.43D UAPA: Karnataka High Court Denies Default Bail To Man Allegedly Having Links With ISIS, Upholds Extension Of Judicial Custody To 180 Days

Case Title: Zuhab Hameed Shakeel Manna @ Zohib Manna v. The National Investigation Agency Case No: Writ Petition No.5913 OF 2022

Citation: 2022 LiveLaw (Kar) 121

The Karnataka High Court recently rejected a petition seeking default bail filed by an accused alleged to be having links with banned terrorist organizations. The applicant allegedly entered into criminal conspiracy to radicalize and motivate gullible Muslim youths to join Islamic State in Iraq and Syria ('ISIS'). A single judge bench of Justice M Nagaprasanna while rejecting the plea filed by Zuhab Hameed Shakeel Manna @ Zohib Manna said, "I do not find any error or reason rendered by the Investigating Officer as put forth by the SPP to be contrary to Section 43D(2) of the Act."

Other reports:

1.Gauri Lankesh Murder Trial To Commence From May 27, Sister Kavitha Lankesh To Be First Prosecution Witness

Case Title: Raja Rajeshwari Nagara PS Versus Amola Khale

Case No: SPL.C 872/2018

More than four years after journalist and activist Gauri Lankesh was shot dead in front of her residence in south Bengaluru, the City Civil and Sessions Court is set to begin trial in the case on May 27. Her sister, Kavitha Lankesh will be the first prosecution witness to be examined in the case.

2.Karnataka High Court Grants Permission For Bengaluru Karaga Festival, Procession

Case Title: Suo-Motu v. The State Of Karnataka

Case No: WP 5781/2021

The Karnataka High Court on Wednesday permitted the organisers to hold the night long processions on April 16, at the Karaga Mahotsava popularly known as Bengaluru Karaga festival. A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar modified its interim order dated March 3, by which it had directed that processions, protests etc., should not be conducted/held by any group, political or non-political organisations or any other organisations except at a park known as Freedom Park, Bengaluru.