Karnataka High Court Weekly Roundup: February 10 To February 16, 2025

Mustafa Plumber

17 Feb 2025 3:00 PM

  • Karnataka High Court Weekly Roundup: February 10 To February 16, 2025

    Nominal Index [Citations 52 - 60] R Akhanda Srinivasa Murthy AND State of Karnataka. 2025 LiveLaw (Kar) 52 V R Raghunathan AND State of Karnataka. 2025 LiveLaw (Kar) 53 Sunil Yadav AND Y C Manju. 2025 LiveLaw (Kar) 54 Daniya Joy & Others AND The Indian Nursing Council & Others. 2025 LiveLaw (Kar) 55 S.MUTHAIAH AND State By CBI. 2025 LiveLaw (Kar)...

    Nominal Index [Citations 52 - 60]

    R Akhanda Srinivasa Murthy AND State of Karnataka. 2025 LiveLaw (Kar) 52

    V R Raghunathan AND State of Karnataka. 2025 LiveLaw (Kar) 53

    Sunil Yadav AND Y C Manju. 2025 LiveLaw (Kar) 54

    Daniya Joy & Others AND The Indian Nursing Council & Others. 2025 LiveLaw (Kar) 55

    S.MUTHAIAH AND State By CBI. 2025 LiveLaw (Kar) 56

    ARNAB GOSWAMI AND State of Karnataka. 2025 LiveLaw (Kar) 57

    Master Adhrith Bhat AND The Registrar of Births And Deaths. 2025 LiveLaw (Kar) 58

    Central Board Of Secondary Education & Others AND Janani Public School. 2025 LiveLaw (Kar) 59

    High Court of Karnataka AND State of Karnataka & Others. 2025 LiveLaw (Kar) 60

    Judgments/Orders

    Karnataka High Court Quashes Case Against Legislator Whose Photos Were Found On Pressure Cookers During Assembly Elections

    Case Title: R Akhanda Srinivasa Murthy AND State of Karnataka

    Case No:CRIMINAL PETITION No.1369 OF 2024 C/W CRIMINAL PETITION No.2993 OF 2024

    Citation No: 2025 LiveLaw (Kar) 52

    The Karnataka High Court has quashed proceedings initiated against legislator R.Akhanda Srinivas Murthy, who was charged after certain cartons of pressure cookers were found in a building which had his sticker pasted, during the State Assembly Election held in 2023.

    A single judge, Justice M Nagaprasanna allowed the petition filed by Murthy and T N R Rohit and quashed the case registered under Section 171-E and 171-F of the IPC and Section 133 of the Representation of People Act.

    The bench said, “Perusal of the contents obtained in the complaint does not meet ingredients necessary to bring home the offences as alleged.”

    Karnataka High Court Tells State Govt To Expeditiously Fill Vacancies Of President, Members At Consumer Forums & State Commission

    Case Title: V R Raghunathan AND State of Karnataka

    Case No: WP 16634/2024

    Citation No: 2025 LiveLaw (Kar) 53

    The Karnataka High Court was on Monday informed by the state government that it has constituted a selection committee and begun the process of making appointments to the post of Presidents and Members of all the consumer Forums.

    A division bench of Chief Justice N V Anjaria and Justice M I Arun accordingly disposed of the petition filed by V R Raghunathan seeking a direction to the state government to fill up the vacancies.

    Additional Government Advocate Niloufer Akbar filed a memo before the court stating that the state government has constituted a selection committee, under the Rules, for the purpose of filling up vacancies. Also, a notification dated 24-07-2024 was produced, which reflected that under the Chairmanship of a sitting judge of the High Court, a three-member committee was formed.

    Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court

    Case Title: Sunil Yadav AND Y C Manju.

    Case No: CRIMINAL REVISION PETITION NO.664/2020

    Citation No: 2025 LiveLaw (Kar) 54

    The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence.

    A single judge, Justice H P Sandesh dismissed the petition filed by Sunil Yadav who was convicted for offences under Section 138 of the Negotiable Instruments Act sought the matter be remanded back to the trial court.

    Once A Citizen Has Been Conferred A Degree, It Would Be Valid All Over India & Has To Be Recognised By All Institutions: Karnataka HC

    Case Title: Daniya Joy & Others AND The Indian Nursing Council & Others

    Case No: WRIT PETITION NO. 28043 OF 2024

    Citation No: 2025 LiveLaw (Kar) 55

    The Karnataka High Court has declared that the Kerala State or State Nursing Council cannot seek to deny registration of a Karnataka graduate in BSc Nursing, on the ground that the said student has not graduated from a college within the state.

    A single judge, Justice Suraj Govindaraj held thus while allowing a petition filed by two natives of Kerala who completed their nursing course in Karnataka but were denied registration by the State Council in Kerala for want of a certificate from the Indian Nursing Council.

    The bench said, “Once a citizen of India is qualified and has been conferred a degree, that degree would be valid across the country, which has to be recognized by every institution.”

    An Admittedly Guilty Person Can't Escape Punishment Merely Because He Is Made A Witness: Karnataka High Court

    Case Title: S.MUTHAIAH AND State By CBI

    Case No: CRIMINAL PETITION No.577 OF 2025

    Citation No: 2025 LiveLaw (Kar) 56

    The Karnataka High Court has said that an accused cannot be a witness on behalf of the prosecution, and a person who is admittedly guilty cannot run away from punishment, merely because he has been arraigned as a witness in the case by the prosecution.

    Justice M Nagaprasanna held thus while allowing the petition filed by one S Muthaiah an accused in a 2011 illegal transportation of iron ore case, challenging a trial court order rejecting his application under Section 319 (Power to proceed against other persons appearing to be guilty of offence) CrPC seeking to make 23 forest officials who are named as prosecution witness, as accused in the case.

    Karnataka High Court Quashes FIR Against Arnab Goswami For Allegedly Spreading Fake News Against CM Siddaramaiah

    Case Title: ARNAB GOSWAMI AND State of Karnataka

    Case No: WP 34162/2024

    Citation No: 2025 LiveLaw (Kar) 57

    The Karnataka High Court on Thursday allowed a petition filed by Republic TV Chief Editor Arnab Goswami and quashed the FIR registered against him for allegedly spreading fake news about Chief Minister Siddaramaiah.

    Justice M Nagaprasanna said “Petition allowed and quashed.” The court before passing the order orally observed “Court wants to know what's the offence against Arnab Goswami, absolutely nothing, abuse on its face.”

    The police had registered an offence under Section section 505 (2) (Statements creating or promoting enmity, hatred or ill-will between classes) of Indian Penal Code.

    Karnataka High Court Issues Procedure For Change Of Name In Birth Register Till Legislature Brings Appropriate Law

    Case Title: Master Adhrith Bhat AND The Registrar of Births And Deaths

    Case No: WRIT PETITION NO. 6370 OF 2024

    Citation No: 2025 LiveLaw (Kar) 58

    The Karnataka High Court has suggested to Legislature to consider amending Registration of Births and Deaths Act, 1969, permitting change of name in the birth register after it has been entered.

    A single judge, Justice N S Sanjay Gowda said “It is common practice in our country that a person decides to give himself a new name or that a parent decides to change the name though he has already been given a name. In fact, it is a practice in our country that multiple names are given, but one name is entered in the records and this, at times, creates confusion regarding the identity of the person.

    Karnataka High Court Rejects CBSE's Appeal Against Interim Order Permitting 18 State Board Students To Sit In CBSE 10th Exams

    Case Title: Central Board Of Secondary Education & Others AND Janani Public School.

    Case No: WA 222/2025.

    Citation No: 2025 LiveLaw (Kar) 59

    The Karnataka High Court on Friday dismissed an appeal filed by the Central Board Of Secondary Education (CBSE), challenging an interim order passed by the single judge, directing it to permit 18 students of Janani Public School who have switched over from the State Board to CBSE Board and sought to appear for 10th Standard examination conducted by the board for the academic year 2024-25.

    A single judge bench had vide its interim order dated January 27, directed the Board to permit 18 students to take 10th Standard examination for the academic year 2024-25, to be held from 15.02.2025, subject to the final outcome of the writ petition without claiming any equity.

    Dengue Menace: Karnataka High Court Asks BBMP To Heavily Fine Individuals, Housing Societies If Stagnant Water, Waste Isn't Removed

    Case Title: High Court of Karnataka AND State of Karnataka & Others

    Case No: WRIT PETITION NO. 18593 OF 2024

    Citation No: 2025 LiveLaw (Kar) 60

    The Karnataka High Court has directed Burhat Bengaluru Mahanagara Palike (BBMP) to impose heavy fines on any individual, any residential society or residential hub if found to be negligent towards clearing the stored water in containers, stagnant water, long accumulated water or solid waste which may result into breeding of mosquitoes and causing the spread of Dengue.

    A division bench of Chief Justice N V Anajaria and Justice K V Aravind said this while disposing of a suo-motu petition initiated by the court in July 2024, taking note of the rising number of Dengue cases in Bengaluru and other districts of the state, especially rural areas.

    The bench said “As far as the dengue is concerned, since mosquito breeding is the primary cause, it is expected that the BBMP shall evolve a continuous mechanism to check, control breeding of mosquitoes. Any individual, any residential society or residential hub if found to be negligent towards clearing the stored water in containers, stagnant water, long accumulated water or solid waste which may result into breeding of mosquitoes, shall be subjected to heavy fine by framing proper rules in that regard.”

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