Karnataka High Court Monthly Digest: November 2024 [Citations: 454 - 489]

Citation 2024 LiveLaw (Kar) 454 to 2024 LiveLaw (Kar) 489

Nominal Index:

Mahantesh S Nagur AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 454

Siji Malayil & ANR And Union of India & ANR. 2024 LiveLaw (Kar) 455

B. SATHYANARAYANACHAR AND State of Karnataka & Others. 2024 LiveLaw (Kar) 456

Raja Yogi Nirmalnathji Maharaj AND KADRI JOGI (YOGISHWAR) MUTT & Others. 2024 LiveLaw (Kar) 457

XXX AND STATE BY WOMEN POLICE STATION & ANR. 2024 LiveLaw (Kar) 458

The Taj West End Hotel AND K Venkatesh. 2024 LiveLaw (Kar) 459

J P Nadda AND State of Karnataka. 2024 LiveLaw (Kar) 460

R.K.BHAT AND SHANTHI ROACHE & ANR. 2024 LiveLaw (Kar) 461

Manoj Mittal & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 462

Prema & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 463

B C Hanumantharaju AND Kavyashree & ANR. 2024 LiveLaw (Kar) 464

Khaja Hussain AND State of Karnataka. 2024 LiveLaw (Kar) 465

Nagaraj G K AND THE HON'BLE ADDL. LABOUR COMMISSIONER & Others. 2024 LiveLaw (Kar) 466

Nagaraj G K AND THE HON'BLE ADDL. LABOUR COMMISSIONER & Others. 2024 LiveLaw (Kar) 466

UNION BANK OF INDIA AND State of Karnataka. Citation no: 2024 LiveLaw (Kar) 467

Master Shamant P & Others AND Union of India & Others. 2024 LiveLaw (Kar) 468

Karan Dhanajaya AND Bar Council of India & Others. 2024 LiveLaw (Kar) 469

N Shreyas & ANR AND The Bangalore Metropolitan Transport Corporation & Others. 2024 LiveLaw (Kar) 470

Jabir Ali Khan alias Shuja AND Karnataka State Board of Wakfs & Others. 2024 LiveLaw (Kar) 471

Satish AND State of Karnataka. 2024 LiveLaw (Kar) 472

State of Karnataka & Others AND Latha H N. 2024 LiveLaw (Kar) 473

Parvati & ANR AND State of Karnataka & anr. 2024 LiveLaw (Kar). 474

Ramesh N R AND Chief Secretary & Others. 2024 LiveLaw (Kar) 475

Mandara AND State of Karnataka and Anr. 2024 LiveLaw (Kar) 476

South Canara District Central Cooperative Bank Ltd AND State of Karnataka & Others. 2024 LiveLaw (Kar) 477

M/S KARNATAKA STATE CERTIFIED SEED PRODUCERS' ASSOCIATION & Others And State of Karnataka & Others. 2024 LiveLaw (Kar) 478

Rajanna R & Others AND Karnataka State Bar Council & Others. 2024 LiveLaw (Kar) 479

Prajwal Revanna v/s State by CID Police. 2024 LiveLaw (Kar) 480

Krishnappa M T & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 481

National Institute of Mental Health And Neuroscience AND S Anitha Joseph. 2024

LiveLaw (Kar) 482

K Ramakrishna AND Assistant Director 2024 LiveLaw (Kar) 483

M/S COMPASSION UNLIMITED PLUS ACTION (CUPA AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 484

B Y Vijayendra & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 485

S Purushothama AND The Chairman & Others. 2024 LiveLaw (Kar) 486

Shumita Deb & ANR AND Gautam Bhattacharya & Others. 2024 LiveLaw (Kar) 487

Ashwith Kumar And State of Karnataka & Others. 2024 LiveLaw (Kar) 488

R. Nataraj vs. Smt. R. Punitha & Ors. 2024 LiveLaw (Kar) 489

Judgements/Orders

Karnataka HC Refuses To Let BESCOM Officer 'Off Hook' For Deaths After Transformer Burst, Says Compensation Doesn't Mask Dereliction Of Duty

Case Title: Mahantesh S Nagur AND State of Karnataka & ANR

Case No: CRIMINAL PETITION No. 6647 OF 2024

Citation No: 2024 LiveLaw (Kar) 454

The Karnataka High Court has refused to quash criminal prosecution initiated against a Junior Engineer in BESCOM, after a father and her daughter died by electrocution due to a transformer burst on a road.

A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Mahanthesh S Nagur and said, “There are several complaints, before the fateful day, to rectify the defect in the transformer. The Police, on investigation, have appended those complaints to the charge sheet. These are undisputed facts. Prima facie negligence is writ large qua the petitioner, or other accused in the case at hand. Therefore, there is no warrant to interfere with the on-going trial against the petitioner.”

'Reasonable Efforts Made, No Further Action Required': Karnataka High Court Closes PIL To Deploy Indian Army For Rescuing Landslide Victims

Case Title: Siji Malayil & ANR And Union of India & ANR

Case No: WP 19409/2024

Citation No: 2024 LiveLaw (Kar) 455

The Karnataka High Court on Monday (November 4) disposed of a public interest litigation petition seeking deployment of Indian Army personnel for rescuing the victims of of the July 16 landslide on National Highway 66 in Uttara Kannada district, after it was informed that the situation was back to normal.

Govt Should Bring Regulations To Exempt Nurseries From Land Acquisition, Reliance On GOs 'Must Stop Forthwith': Karnataka High Court

Case Title: B. SATHYANARAYANACHAR AND State of Karnataka & Others

Case No: WRIT PETITION No.21760 OF 2023

Citation No: 2024 LiveLaw (Kar) 456

While hearing a plea pertaining to the acquisition of a land claimed to be used as a nursery, the Karnataka High Court has said that the reliance on a 1987 government order exempting Nurseries (Plant nursery) from land acquisition must stop forthwith.

In doing so the high court further said, that if the acquiring authorities want to exempt nurseries from land acquisition, it can do it only after bringing in a regulatory regime for recognition of such nurseries. The high court emphasized that a government order–which in this case exempted nurseries from land acquisition–cannot override a statue.

Karnataka High Court Upholds Order Requiring Mutt Head To Appear In Court For Leading Evidence After Completing Daily Rituals

Case Title: Raja Yogi Nirmalnathji Maharaj AND KADRI JOGI (YOGISHWAR) MUTT & Others

Case No: WRIT PETITION NO. 26894 OF 2024

Citation No: 2024 LiveLaw (Kar) 457

The Karnataka High Court dismissed a plea moved by the Matadhipathi (religious head) of Kadri Shri Jogi Mutt (Yogishwara Mutt) who had sought appointment of a Commissioner to record his evidence in a suit before the trial court seeking a declaration that the Mutt (monastery) belongs to the Jogi community.

The petitioner defendant–Raja Yogi Nirmalnathji Maharaj had sought this appointment on the ground that he is unable to attend the trial court to lead evidence, as he has to perform daily rituals at the Mutt. He had also contended that his ill-health was not permitting him to attend court. The trial court had rejected his request against which he moved the high court.

Even If Child In Conflict With Law Is To Be Tried As Adult, His Bail Application Will Be Considered U/S 12 JJ Act And Not CrPC: Karnataka HC

Case Title: XXX AND STATE BY WOMEN POLICE STATION & ANR

Case No: CRIMINAL PETITION NO. 9582 OF 2024

Citation No: 2024 LiveLaw (Kar) 458

The Karnataka High Court has said that even if a child in conflict with law is ordered to be tried as an adult, as provided under Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015, his bail application is to be considered under Section 12 of the Act, it cannot be considered under the provisions of Code of Criminal Procedure.

A single judge bench of Justice S Vishwajith Shetty held thus while allowing a bail petition filed by a minor who is accused of sexually assaulting her minor sister and causing her to become pregnant and who is directed to be tried before a Special Court as an adult.

The court said, “Section 12(1) of the Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, or any other law for the time being in force, a child, who is produced before the Board, shall be released on bail subject to proviso to Section 12(1) of the Act of 2015. Therefore, it is very clear that even if the child is ordered to be tried as an adult, as provided under Section 18(3) of the Act of 2015, for the purpose of his bail application, Section 12 of the Act of 2015 would be applicable and his bail application cannot be considered under the provisions of Code of Criminal Procedure.”

Theft By Employee Leads To Mistrust In Him, Labour Court Cannot Order Reinstatement On Sympathy: Karnataka High Court

Case Title: The Taj West End Hotel AND K Venkatesh

Case No: WRIT PETITION No.1474/2020

Citation No: 2024 LiveLaw (Kar) 459

The Karnataka High Court has said that the Labour Court cannot on the ground of sympathy alone direct reinstatement of a workman, when he is involved in a serious case of theft.

A single judge bench of Justice K S Hemalekha held thus while allowing a petition filed by The Taj West End Hotel and set aside the order of the tribunal directing reinstatement and payment of back wages to an employee, K Venkatesh.

Karnataka High Court Quashes Criminal Case Against BJP President JP Nadda For Remarks Made At Election Rally

Case Title: J P Nadda AND State of Karnataka

Case No: WP 22933/2023

Citation No: 2024 LiveLaw (Kar) 460

The Karnataka High Court on Thursday (November 7) quashed a criminal case registered against BJP national president J P Nadda relating to certain remarks made at an election rally in April, 2023 for allegedly unduly influencing voters.

A single judge bench of Justice M Nagaprasanna allowed the petition and quashed the offence registered under Sections 171F(Punishment for undue influence or personation at an election), 171C (Undue influence at elections) of the IPC and Section 123(2) (Undue influence) of the Representation of the People Act at the Shiggaon police station. On October 12, 2023 the high court had stayed further investigation in the case.

Wife Can't Be Made Co-Accused Merely For Staying With Husband Who Is Involved In Crime, Stronger Evidence Needed U/S 319 CrPC: Karnataka HC

Case Title: R.K.BHAT AND SHANTHI ROACHE & ANR

Case No: CRIMINAL PETITION NO. 8700 OF 2024

Citation No: 2024 LiveLaw (Kar) 461

The Karnataka High Court has said that an application under Section 319 of the Criminal Procedure Code 1973, which provides to bring in another person accused in the case cannot be exercised at a pre-trial stage.

A single judge bench of Justice M Nagaprasanna dismissed the petition filed by one R K Bhat who is the complainant in the case seeking to implead one Shanthi Roache as a co-accused in a case registered against her husband Norbert D'Souza for offences punishable under provisions of Karnataka Excise Act.

Karnataka HC Quashes Case Against ED Officers Accused Of Coercing Witness To Make Statements Against CM Siddaramaiah In Valmiki Corp Case

Case Title: Manoj Mittal & ANR AND State of Karnataka

Case No: WP 19489/2024

Citation No: 2024 LiveLaw (Kar) 462

The Karnataka High Court on Friday (November 8) quashed the prosecution initiated against two Enforcement Directorate officers who are investigating Valmiki Corporation case and were alleged of coercing a witness to make statements against Chief Minister Siddaramaiah.

A single judge bench of Justice M Nagaprasanna allowed a petition filed by Deputy Director and Assistant Director of ED, Manoj Mittal and Murali Kannan, after the complainant in the case Kallesh B filed a memo in the court, stating that he did not want to pursue the complaint further.

Husband Committing Suicide Due To Wife's Illicit Relationship No Ground To Convict For Abetment Of Suicide: Karnataka High Court

Case Title: Prema & ANR AND State of Karnataka

Case No: CRIMINAL APPEAL No. 54 OF 2013

Citation No: 2024 LiveLaw (Kar) 463

The Karnataka High Court has said that a husband committing suicide allegedly due to his wife having an illicit relationship with another man cannot be a ground to convict the wife for charges of abetment to suicide.

A single-judge bench of Justice Shivashankar Amarannavar allowed the appeal filed by Prema and Basavalinge Gowda and set aside the conviction order passed by the trial court.

Court noted that as per the definition of abutment, there should be instigation to do that thing and then it amounts to abetment. A person is said to have instigated another to an act when he actively suggests or stimulates him to act by means of language, direct or indirect, whether it takes the form of express solicitation, or of hints, insinuation or encouragement.

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

Case Title: B C Hanumantharaju AND Kavyashree & ANR

Case No: REV.PET FAMILY COURT NO. 313 OF 2023

Citation No: 2024 LiveLaw (Kar) 464

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife.

A single judge bench of Justice Ashok S Kinagi held thus while dismissing a petition filed by one B C Hanumantharaju challenging an order of maintenance issued by the trial court. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month to each of his daughters including a minor till they get married. It had further directed him to pay Rs.1,04,000 to the respondents towards educational expenses incurred during the current academic year.

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC

Case Title: Khaja Hussain AND State of Karnataka

Case No: CRIMINAL APPEAL NO. 200109 OF 2014

Citation No: 2024 LiveLaw (Kar) 465

The Karnataka High Court has said that there is no duty on the accused to prove a defence of consent in a matter of rape, and his exercise of his right to remain silent would be sufficient where the prosecution itself is unable to prove its case.

The court said that as the right of the accused to remain silent would fasten the burden on the prosecution to prove absence of consent during sexual intercourse; if it fails to discharge such burden, the case of the prosecution would fall on its own weight. If prosecution does not discharge the burden beyond reasonable doubt it would make the accused entitled to acquittal, it added.

Appellate Authority Under POSH Act Can Stay Final Report Of Internal Complaints Committee Pending Final Decision: Karnataka High Court

Case Title: Nagaraj G K AND THE HON'BLE ADDL. LABOUR COMMISSIONER & Others

Case No: WRIT PETITION NO. 28361 OF 2024

Citation No: 2024 LiveLaw (Kar) 466

The Karnataka High Court has held that there is no express bar under provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, for the appellate authority to consider an application for stay in appeal against the final report of the Internal Complaints Committee.

A single judge bench of Justice S Sunil Dutt Yadav said “The appellate authority despite the absence of specific provision for granting of interim order would have the power to consider the interim application.”

Karnataka High Court Rejects Plea To Transfer Probe In Valmiki Corporation "Scam" To CBI

Case Title: UNION BANK OF INDIA AND State of Karnataka

Case No: WP 17274/2024

Citation no: 2024 LiveLaw (Kar) 467

The Karnataka High Court on Wednesday (November 13) dismissed a petition filed by Union Bank of India seeking a direction to the government to transfer the probe being carried out in the alleged scam regarding the Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation Ltd, to the Central Bureau of Investigation (CBI).

A single judge bench of Justice M Nagaprasanna while pronouncing the verdict orally said, "I have not accepted the interpretation of Section 35A (Banking Regulation Act) to become a ground for reference to CBI. If I permit that every banking institution may ask. DSP Act may become redundant"

Priority In Admission To Kendriya Vidyalaya Not A Vested Right: Karnataka HC Declines Plea By Students Seeking 'Grandparents Sponsoring Quota'

Case Title: Master Shamant P & Others AND Union of India & Others

Case No: WRIT APPEAL No. 1305 OF 2024

Citation No: 2024 LiveLaw (Kar) 468

The Karnataka High Court has said that priority in admission to school cannot be construed to be a vested right and priority provided in the previous academic year cannot be enforced as a legal right for continuation of such quota.

A Division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while dismissing an appeal filed by grandchildren of serving/retired employees of Indian Institute of Science, Bengaluru.

Foreign Law Degree Holder With Bridge Course Not Required To Clear Other Qualifying Exams Except AIBE: Karnataka HC Cites BCI Notification

Case Title: Karan Dhanajaya AND Bar Council of India & Others

Case No: Writ Petition No: 29996 of 2024

Citation No: 2024 LiveLaw (Kar) 469

The Karnataka High Court has directed the State Bar Council to enrol a law degree holder from foreign university who has completed 2 years of Bridge Course, on its rolls on the basis of the results of the Bridge Course without insisting for any other qualifying examinations other than AIBE.

A single judge bench of Justice Suraj Govindaraj allowed petition filed by Karan Dhananjaya and said “I am of the considered opinion that in terms of the notification dated 21.3.2023, (issued by Bar Council of India) such degree holder is not required to take up any other qualifying examination other than the All India Bar Examination (AIBE). The Respondent No.3 (KSBC) is directed to enrol the petitioner as its rolls on the basis of the results of the Bridge Course without insisting for any other qualifying examination.”

928 BMTC Buses Have Audio Announcement System To Aid Visually Impaired Persons: Karnataka High Court Told

Case Title: N Shreyas & ANR AND The Bangalore Metropolitan Transport Corporation & Others.

Case NO: WP 10744/2022

Citation No: 2024 LiveLaw (Kar) 470

Bengaluru Metropolitan Transport Corporation (BMTC) informed the Karnataka High Court on Friday (November 15) that an audio announcement system has been installed in 928 buses for the aid of physically challenged and visually impaired persons, to know the stops or the destinations.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind accepted the statement made by the counsel for BMTC and disposed of a public interest litigation filed by N Shreyas, a visually impaired person, seeking restoration of audio announcement service in State and Corporation buses and Metro railways.

Waqf Board Can't Recall Administrator's Order Declaring Property As 'Private' Through Committee, Must Approach Court/ Tribunal: Karnataka HC

Case Title: Jabir Ali Khan alias Shuja AND Karnataka State Board of Wakfs & Others

Case No: WRIT PETITION NO. 24600 OF 2022

Citation No: 2024 LiveLaw (Kar) 471

The Karnataka High Court recently has set aside an order passed by the Karnataka State Waqf Board, constituting a Law Committee to review and recall an order passed in the year 1976, by then Administrator of the Board which held that a portion of a property situated in Kumbarpete area of Bengaluru was private property and not Waqf Property.

A single judge bench of Justice M G S Kamal allowed the petition filed by one Jabir Ali Khan @ Shuja who had questioned the constitution of the law committee. It directed the Board to approach Karnataka Waqf Tribunal by instituting the proceedings as contemplated under the Waqf Act.

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

Case Title: Satish AND State of Karnataka

Case No: CRL.P 6419/2024

Citation No: 2024 LiveLaw (Kar) 472

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Satish and quashed the case registered against him for sections 323,376,417,420,504,506 of the Indian Penal Code. While granting interim relief and staying all further proceedings qua the petitioner earlier the court had observed, “This case forms a classic illustration, as to what can become an abuse process of law. The petitioner and the complainant are said to have been in a relationship for 22 years. After 22 years of relationship, when the relationship turns sour, it is said to have become an offence of rape. It is on the face of it is an abuse of process of law to permit any proceedings, any further, in the case at hand.”

Blindness Doesn't Come In Way Of Discharging Duties Of Teacher: Karnataka HC Upholds Order To Consider 100% Visually Challenged Candidate

Case Title: State of Karnataka & Others AND Latha H N

Case No: WRIT PETITION NO. 19994 OF 2024

Citation No: 2024 LiveLaw (Kar) 473

Quoting examples of visually impaired persons who have achieved great things in life such as Homer, Helen Keller and Louise Braille among others, the Karnataka High Court has observed that blindness would not come in the way of discharging duties of a teacher.

A division bench of Justice Krishna S Dixit and Justice C M Joshi held thus while upholding an order passed by the Karnataka State Administrative Tribunal favouring the application made by Latha H N, a member of Scheduled caste and who is 100% blind and directed the authorities to consider her application along with low vision applicants for the post of Graduate Primary Teacher' (Social Studies, teaching Kannada).

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

Case Title: Parvati & ANR AND State of Karnataka & anr

Case No: CRIMINAL PETITION NO.200120 OF 2024

Citation No: 2024 LiveLaw (Kar). 474

The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint.

A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them on charges of cheating.

In the complaint it was alleged that two cheques which were issued by the complainant towards security, were misused by the petitioners by filing a false case against him for offence punishable under Section 138 (cheque dishonour) of Negotiable Instruments (NI) Act.

11-Yr Yawning Gap: Karnataka HC Imposes 10K Cost On Former BJP Corporator's PIL Against Waste Plant Development Rights To Private Persons

Case Title: Ramesh N R AND Chief Secretary & Others

Case No: WRIT PETITION NO. 25078 OF 2023

Citation No: 2024 LiveLaw (Kar) 475

The Karnataka High Court has dismissed a PIL filed by a former municipal corporator and BJP leader NR Ramesh, who had claimed that grant of developmental rights to private persons in lieu of land, for establishing a garbage wastage plant, had resulted in corrupt practice.

In doing so the court noted that the plea was filed after over a decade since the order concerning the transferable development rights was passed. Terming it a "yawning gap of eleven years" the court said that it points to lack of bona fides on the petitioner's part and also imposed cost of Rs 10,000.

Bonafide Intention To Get Her Child Adopted: Karnataka HC Nixes Trafficking Charge Against Woman Booked For Selling Her Child For Rs 15K

Case Title: Mandara AND State of Karnataka and Anr.

Case No: CRIMINAL PETITION NO. 11370 OF 2024.

Citation No: 2024 LiveLaw (Kar) 476

The Karnataka High Court recently quashed a criminal case against a woman booked for human trafficking, who allegedly sold her minor daughter for Rs 15,000 to a couple in Maharashtra as she was unable to maintain herself and her child.

In doing so the court noted that the woman had a "bonafide intention" to get the child adopted, even though the procedure was not followed adding that ingredients of the offence of trafficking were not made out.

Justice K Natarajan allowed the petition filed by one Mandara and quashed the proceedings registered under Section 370 (Trafficking of a Person) read with Section 34 (common intention) IPC and Section 81 (Sale and procurement of children for any purpose) of Juvenile Justice (Care and Protection of Children) Act, 2015.

Land Mortgaged To Bank Can Be Sold In Case Of Default In Loan Repayment By Allotee: Karnataka High Court

Case Title: South Canara District Central Cooperative Bank Ltd AND State of Karnataka & Others

Case No: WRIT PETITION NO.25040 OF 2023

Citation No: 2024 LiveLaw (Kar) 477

The Karnataka High Court has held that once the state government allows land granted to be mortgaged to raise a loan for the construction of a house, in case of default of repayment of the loan, the bank cannot be restrained from selling the property to enforce the mortgage, citing the non-alienation clause in the grant.

A Single Judge M I Arun held thus while quashing an endorsement dated 18-07-2023 issued by the authorities to South Canara District Central Co-operative Bank Ltd, refusing to grant permission to enforce the mortgage by bringing the property mortgaged for sale. The endorsement was issued in light of the restriction in the grant that lands should not be alienated for a period of 25 years.

GO For Timely Supply Of Quality Seeds To Farmers At Reasonable Price Prevails Over Private Sellers' Right To Carry Business: Karnataka HC

Case Title: M/S KARNATAKA STATE CERTIFIED SEED PRODUCERS' ASSOCIATION & Others And State of Karnataka & Others

Case No: WRIT PETITION No. 31329/2017.

Citation No: 2024 LiveLaw (Kar) 478

The Karnataka High Court recently dismissed a petition challenging a Government Order directing purchase of certified and truthfully labelled seeds (TL) only from government agencies.

A single judge K V Aravind dismissed the petition filed by M/s Karnataka State Certified Seed Producers Association and others stating, “Having regard to the object and the reasons stated in the Government Order to achieve the qualitative, quantitative and affordable certified seeds and the object of attaining timely supply of seeds to the farmers, the Court is not convinced to hold that the exemption provided in the Government Order is impermissible in law.”

Karnataka High Court Quashes Notification Reconstituting State Bar Council Committees, Says It Violates Council's Election Rules

Case Title: Rajanna R & Others AND Karnataka State Bar Council & Others

Case No: WRIT PETITION NO. 29591 OF 2024

Citation No: 2024 LiveLaw (Kar) 479

The Karnataka High Court has quashed an October 28 notification issued by Chairman and Vice Chairman of State Bar Council to reconstitute committees of the Council, observing that the same was in violation of the State Bar Council (Election of Chairman and Vice-Chairman) Rules.

Observing that rules are meant to ensure transparency, the court said that the action of reconstitution of the council's committees would set a precedent undermining the mandatory nature of the rules rendering regulatory framework redundant.

Karnataka High Court Dismisses Suspended Janta Dal (S) Leader Prajwal Revanna's Anticipatory Bail Plea In Sexual Assault Case

Case title: Prajwal Revanna v/s State by CID Police

Case NO: CRL.P 6409/2024

Citation No: 2024 LiveLaw (Kar) 480

The Karnataka High Court on Friday (November 22) dismissed the anticipatory bail plea 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 Nagaprassana while pronouncing the order said, "Dismissed".

The petition prayed that in the event of his arrest, Revanna be released on bail.

Revanna is charged for various offences including IPC Sections 376(2)n (commits rape repeatedly on the same woman, 376(2)k (rape while being in a position of control or dominance over a woman), 506 (criminal intimidation), 354(a) (Sexual harassment), 354b (Assault or use of criminal force to woman with intent to disrobe), 354c (Voyeurism) and Section 66E (Punishment for violation of privacy) of Information Technology Act.

Magistrate Granting Permission To Probe Non-Cognizable Offence Must Apply Mind, Not Write 'Lengthy Orders To Fill Up Pages': Karnataka HC

Case Title: Krishnappa M T & ANR AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 13215 OF 2023

Citation No: 2024 LiveLaw (Kar) 481

The Karnataka High Court has said that Magistrate courts, while passing an order on a request made by the police to investigate a non-cognizable offence, should not merely pass lengthy orders only to fill up the pages, without applying their mind.

A single judge bench of Justice M Nagaprasanna while allowing the petition filed by one Krishnappa M T and another quashed the proceedings initiated against them under sections 34 and 504 of the Indian Penal Code.

Mother Is Best Judge To Decide Interest Of Growing Baby: Karnataka HC Directs NIMHANS To Consider Giving Nurse 120 Day Child Care Leave

Case Title: National Institute of Mental Health And Neuroscience AND S Anitha Joseph

Case No: WRIT PETITION NO. 11915 OF 2024

Citation No: 2024 LiveLaw (Kar) 482

The Karnataka High Court has upheld an order passed by the Central Administrative Tribunal (CAT) which directed National Institute of Mental Health and Neurosciences (NIMHANS) to "consider grant" of Child Care Leave (CCL) to a nurse for a period of 120 days and extend CCL benefits' within eight weeks.

In doing so the court underscored that NIMHANS as State's instrumentality has to be considerate whilst treating the claims of women employees for Maternity and Child Care Leave. The court further underlined that a lactating mother has a Fundamental Right to breastfeed her baby and to spend reasonable time with it and the baby too has a Fundamental Right to be breastfed.

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court

Case Title: K Ramakrishna AND Assistant Director

Case No: CRIMINAL PETITION NO.9930/2024

Citation No: 2024 LiveLaw (Kar) 483

The Karnataka High Court has rejected the bail plea of 73-year-old K Ramakrishna, former Chairman of Guru Raghavendra Sahakara Bank Niyamitha and Sri Guru Sarvabhauma Souhanda Credit Co-operative Ltd, booked under Prevention of Money Laundering Act, for allegedly de-frauding the bank to the tune of Rs.1,553 Crores by creating fictitious documents and granting loan in favour of fictitious persons.

Ramakrishna–the petitioner, had approached the Trial Court seeking the relief of bail invoking Section 479(1) of BNSS, 2023, and also on the ground that there is a delay in trial and trial has not yet commenced and he has been in custody from two years seven months. He subsequently approached the high court in a third bail plea.

Karnataka High Court Calls For Higher Penalty On Pet Owners Who Don't Clean Their Pet's Excrement In Public Parks

Case Title: M/S COMPASSION UNLIMITED PLUS ACTION (CUPA AND State of Karnataka & ANR

Case No: WRIT PETITION NO. 17443 OF 2021

Citation No: 2024 LiveLaw (Kar) 484

The Karnataka High Court has directed the state authorities to increase the penalty amount to be imposed on dog owners, who or whose dogs, are found to be conducting themselves irresponsibly in treating and cleaning of the excrement of their pets in public parks.

This penalty amount the court said would be higher than that which is imposed on the "other class of people" who breach cleanliness norms. In doing so the court emphasized that while the pet owners may have the liberty to take their dogs to the parks to roam around, the other section of the society and the class of the people who visit the parks also have a right to "enjoy clean environment".

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Case Title: B Y Vijayendra & ANR AND State of Karnataka

Case No: Criminal Petition No 5478/2024

Citation No: 2024 LiveLaw (Kar) 485

The Karnataka High Court on Wednesday (November 27) quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X (formerly Twitter), by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress.

A single judge bench of Justice M Nagaprasanna allowed the petition and quashed the proceeding against Vijayendra and one Prashant Makanur. The two were charged for offences punishable under sections 505(2) (Statements creating or promoting enmity, hatred or ill-will between classes) and 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) of IPC and section 125 (Promoting enmity between classes in connection with election) of Representation of People Act.

In-Subordination Is Contagious Malady In Public Service Resulting In Maladministration, Cannot Be Viewed Leniently: Karnataka High Court

Case Title: S Purushothama AND The Chairman & Others

Case No: WRIT PETITION NO. 26318 OF 2023

Citation No: 2024 LiveLaw (Kar) 486

The Karnataka High Court has dismissed with cost a petition filed by a delinquent employee of the State Administrative Tribunal, questioning the order passed by the Tribunal whereby his two annual increments with cumulative effect were withheld on charges of disobeying instruction of the Chairman, and employing rude language.

A division bench of Justice Krishna S Dixit and Justice C M Joshi dismissed the petition filed by S Purushothama and said, “In-subordination is a contagious malady in any employment and more particularly in public service. It spreads in an exponential way affecting the hierarchy of positions and disbanding the chain of command, which eventually result in maladministration. Therefore, it cannot be viewed leniently at all.”

Bengaluru Court Can Try Suit By Resident Manna Dey's Daughter Against 'Defamatory' Bengali Content Published At West Bengal: Karnataka HC

Case Title: Shumita Deb & ANR AND Gautam Bhattacharya & Others

Case No: MISCELLANEOUS FIRST APPEAL NO.6128 OF 2024

Citation No: 2024 LiveLaw (Kar) 487

Karnataka High Court has held that a competent court in Bengaluru will have jurisdiction to hear the defamation suit filed by late singer Manna Dey's kin, for restraining certain entities from circulating a Bengali language book on the late singer.

Justice H P Sandesh pointed that though the book is published in West Bengal, it is available in Bengaluru.

The High Court held thus while setting aside an order of the trial court which had dismissed the suit filed by Shumita Deb–the daughter of late music director and singer Manna Dey–and her husband against Gautam Bhattacharya and others.

Don't Raise Office Objection About Petitioner Not Signing Withdrawal Memo Presented By His Counsel: Karnataka High Court To Registry

Case Title: Ashwith Kumar And State of Karnataka & Others

Case No: WRIT PETITION NO. 19500 OF 2022

Citation No: 2024 LiveLaw (Kar) 488

The Karnataka High Court has directed its registry not to raise office objections to the effect that the signature of the petitioner is not forthcoming in the memo of withdrawal if the petition is sought to be withdrawn by the advocate appearing for the petitioner.

In doing so the court observed that such office objections discredits the authority of the counsel who appear on behalf of their clients.

Justice S Sunil Dutt Yadav in its order said, “Accordingly, the Registry is directed not to raise office objections to the effect signature of the petitioner is not forthcoming in the memo for withdrawal. Learned counsel is fully authorised to take action on behalf of the clients. Such office objection raised discredits the authority vested on the counsel".

Filing Application U/S 8 Of Arbitration Act Before Statement On Substance Of Dispute Doesn't Waive Right To Invoke Arbitration Clause: Karnataka HC

Case Title: Sri R. Nataraj vs. Smt. R. Punitha & Ors.

Case Number: M.F.A. No.6586 of 2024 (AA)

Citation No: 2024 LiveLaw (Kar) 489

The Karnataka High Court bench of Justice H.P. Sandesh has held that if an application under Section 8 of the Arbitration and Conciliation Act, 1996 is filed before submitting the first statement on the substance of the dispute, the party cannot be deemed to have waived its right to invoke the arbitration clause. The court observed that the filing of the written statement and application for reference under Section 8 simultaneously cannot lead to an inference that the Appellant had submitted to the jurisdiction of the Civil Court and had waived its right to seek reference to arbitration.