Karnataka High Court Weekly Round-Up: June 26 to July 02

Nominal Index

K P Pushpesh & Others And State of Karnataka. 2023 LiveLaw (Kar) 237

Pramod Mutalik And State of Karnataka. 2023 LiveLaw (Kar) 238

Parameshwarappa And The State. 2023 LiveLaw (Kar) 239

Mrs Gauramma & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 240

Aniruddh v RGUHS & connected matters. 2023 LiveLaw (Kar) 241

M R Seetharam And State By Anti Corruption Bureau & others. 2023 LiveLaw (Kar) 242

Jairam Ramesh & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 243

X Corp v. UNION OF INDIA. 2023 LiveLaw (Kar) 244

State of Karnataka Versus Aishwarya Fort. 2023 LiveLaw (Kar) 245

Kailash S Raj & others And State of Karnataka 2023 LiveLaw (Kar) 246

Pr Commissioner Of Income-1 Tax (Exemptions) Versus M/S Rashtreeya Sikshana Samithi Trust. 2023 LiveLaw (Kar) 247

Judgments/Orders

Karnataka High Court Sets Aside Life Sentence In Murder Case; Says Eyewitness Account Contradictory, Should Be Backed With Supporting Material

Case Title: K P Pushpesh & Others And State of Karnataka

Case No: CRIMINAL APPEAL NO. 879 OF 2016 C/W CRIMINAL APPEAL NO. 2118 OF 2016

Citation: 2023 LiveLaw (Kar) 237

The Karnataka High Court has acquitted three youths convicted and sentenced to suffer life imprisonment for charges of murder, holding that there were material contradictions in the evidence of eyewitnesses to the incident and the prosecution failed to corroborate their evidence with any other material.

A division bench of Justice K Somashekhar and Justice Rajesh Rai K acquitted KR Pushpesh, PV Vinaya and KR Radish who were sentenced to suffer simple imprisonment for life, for murdering one Nousheer. The bench said, “The golden thread which runs through the web of administration of justice in criminal cases is that, if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused persons and the other to their innocence, the view which is favourable to the accused persons should be adopted. The paramount consideration of the Court is to ensure that miscarriage of justice should be prevented. A miscarriage of justice which may arise from acquittal of the guilty is not less than the conviction of an innocent.”

Karnataka High Court Quashes Case Against Sri Ram Sene's Pramod Muthalik For Delivering Allegedly 'Provocative Speech' On Cow Slaughter

Case Title: Pramod Mutalik And State of Karnataka

Case No: CRIMINAL PETITION NO.200528 OF 2023

Citation: 2023 LiveLaw (Kar) 238

The Karnataka High Court has quashed proceedings initiated in the year 2017, under Section 153A and Section 295(A) of the Indian Penal Code, against the Founder President of Sri. Ram Sene, Pramod Mutalik for allegedly making provocative statements while addressing a public gathering.

A single judge bench of Justice Hemant Chandangoudar sitting at Kalaburagi quashed the proceedings stating, “Section 196 of Cr.P.C. specifies that no Court shall take cognizance of an offence punishable under Section 153-A of IPC and Section 295-A of IPC, except the previous sanction of the State Government. In the instant case, the learned Magistrate has taken the cognizance for the aforesaid offences without there being previous sanction by the State Government. Hence, in the absence of previous sanction, the cognizance taken by the learned Magistrate for the above said offences, is one without authority of law.”

Not Attempt To Murder: Karnataka High Court Reduces Sentence Of Man Convicted For Squeezing Complainant's Testicles

Case Title: Parameshwarappa And The State

Case No: CRIMINAL APPEAL NO. 242 OF 2012

Citation; 2023 LiveLaw (Kar) 239

The Karnataka High Court recently modified the conviction handed down to an accused for attempt to murder charge and convicted him for a lesser charge of grievous hurt under Section 325, for squeezing the testicles of the complainant during a fight.

A single judge bench of Justice K Natarajan partly allowed the appeal filed by convict Parmeshwarappa who was sentenced to undergo imprisonment for 7 years for the offence punishable under Section 307 of IPC. It sentenced him to undergo imprisonment for three years under Section 325 of the IPC.

Student's Suicide: Karnataka High Court Says Schools Should Reconsider 'Harsh' Disciplinary Action That May Internalize Mental Problems In Children

Case Title: Mrs Gauramma & Others And State of Karnataka & ANR

Case NO: CRIMINAL PETITION No.4725 OF 2023

Citation: 2023 LiveLaw (Kar) 240

The Karnataka High Court has dismissed the petition filed by the Principal and others officials of a school in Kodagu district, challenging the order of the Magistrate court rejecting the ‘B summary report’ filed by the police in relation to alleged abetment to suicide of a student.

The "mischievous" student was suspended for allegedly carrying alcohol to school. Upon his parent's request, he was allowed to appear for examinations online from his home. However, it is alleged that the student kept waiting for exam link but did not receive the same. After the exam and answer sheet collection time got over, he committed suicide, the complaint states.

Evaluation By 4 Examiners Ensures Fairness, Eliminates Subjectivity & Bias: Karnataka HC Directs RGUHS To Re-Conduct Practicals For 70 MBBS Students

Case Title: Aniruddh v RGUHS & connected matters

Case No: WP 7019/2023, c/w 9985 OF 2023 (EDN-RES), 7577/2023, 8381/2023, 8655/2023, 8837/2023, 9032/2023, 9433/2023, 9577/2023, 9702/2023 & 9834/2023

Citation: 2023 LiveLaw (Kar) 241

The Karnataka High Court has directed Rajiv Gandhi University of Health Sciences (RGUHS) to re-conduct practical/clinical exams in respect of over 70 students, for failing to conduct the practical exams as per regulations prescribed by the Medical Council of India.

A single judge bench of Sachin Shankar Magadum said it is a settled principle of law that MCI which is now known as NMC has prescribed a set of four examiners for theory and practicals. "It goes without saying that every examiner has to independently assess and assign marks which is lacking in the present batch of petitions. Therefore, it is unfortunate that respondent-University and examiners in gross violation of the findings recorded by co-ordinate Bench are again repeating the same mistakes,” it held.

Disproportionate Assets: Karnataka High Court Refuses To Quash Abetment Case Against Former Congress MLA R Seetharam

Case Title: M R Seetharam And State By Anti Corruption Bureau & others

Case No: CRIMINAL PETITION No.7524 OF 2021

Citation: 2023 LiveLaw (Kar) 242

The Karnataka High Court has refused to quash the proceedings initiated against former legislator and Educationist, MR Seetharam under the provisions of the Prevention of Corruption Act and Section 109 of the IPC.

He is charged in connection with a disproportionate assets case involving TN Chikkarayappa, former Managing Director at the Cauvery Neeravari Nigam.

Seetharam, in the capacity of President of MS Ramaiah Education Society, had signed off Rs. 50 lakh interest free education loan in favour of Chikkarayappa's daughter. When the Lokayukta sought details of the transaction, it was informed that the Society had become defunct and therefore, no records could be traced. Following this the Lokayukta completed its investigation and filed a charge sheet against five persons, naming Seetharam as an accused.

Breaking: Karnataka High Court Refuses To Quash FIR Against Rahul Gandhi, Jairam Ramesh & Supriya Shrinate For KGF Song Copyright Infringement

Case Title: Jairam Ramesh & Others And State of Karnataka & ANR

Case No: WP 25123/2022

Citation: 2023 LiveLaw (Kar) 243

The Karnataka High Court today refused to quash the FIR registered by music company MRT Music against Congress leaders Rahul Gandhi, Jairam Ramesh and Supriya Shrinate over the alleged copyright infringement by the use of song from the Kannada movie "KGF Chapter 2" in the promotional video for the "Bharat Jodo Yatra".

A single bench of Justice M Nagaprasanna observed, "Petitioner appeared to have tampered with source code, which would amount to infringement. Copyright of complainant is taken for granted and therefore prima facie all this requires investigation."

Breaking | Karnataka High Court Dismisses Twitter's Plea Against Centre's Account Blocking Orders With ₹50 Lakh Cost

Case Title: X Corp v. UNION OF INDIA

Case No: WP 13710/2022

Citation: 2023 LiveLaw (Kar) 244

The Karnataka High Court has dismissed the petition filed by Twitter Inc, challenging the blocking orders issued to it by the Ministry of Electronics and Information Technology (MeiTY) under Section 69A of the Information Technology Act.

A single judge bench of Justice Krishna S Dixit also imposed cost of Rs. 50 lakh on the microblogging platform, citing its conduct. It also refused Twitter's request to stay the operation of the order. "Your client (Twitter) was given notices and your client did not comply...Punishment for non-compliance is 7 years imprisonment and unlimited fine. That also did not deter your client. So you have not given any reason why you delayed compliance, more than a year of delay...then all of sudden you comply and approach the Court. You are not a farmer but a billon dollar company," the Bench said while pronouncing the verdict.

Sales-Tax Exemption Certificate Has Overriding Effect Over VAT Notification: Karnataka High Court

Case Title: State of Karnataka Versus Aishwarya Fort

Case No.: S.T.R.P. NO. 45 Of 2022

Citation: 2023 LiveLaw (Kar) 245

The Karnataka High Court has held that the sales tax exemption certificate is valid for 7 years and could not have been rescinded before the period of eligibility expired as it is a sovereign assurance.

The bench of Justices P.S. Dinesh Kumar and C.M. Poonacha has observed that the State Government discontinued sales tax-based incentives. However, the incentives already offered and committed were saved. By issuing a subsequent Notification under the Karnataka Sales Act, 1957 (KST Act), it was clarified that the incentives offered earlier would remain unaffected.

Bribe Giver Susceptible To Prosecution Like Bribe Taker: Karnataka High Court Refuses To Quash Case Over Alleged Bribes To Ex-Legislator's Son

Case Title: Kailash S Raj & others And State of Karnataka

Case NO: CRIMINAL PETITION No.3371 OF 2023 C/W CRIMINAL PETITION No.3314 OF 2023

Citation: 2023 LiveLaw (Kar) 246

The Karnataka High Court has dismissed a petition filed by owners and two employees of the Karnataka Aromas Company for quashing the FIR filed by Lokayukta police on allegations of offering to pay bribe to Prashanth, son of former Legislator Madal Virupakshappa, in relation to an alleged tender scam.

A single judge bench of Justice M Nagaprasanna observed, “It is high time the menace of corruption is plugged and nipped in the bud by making the bribe giver susceptible for such prosecution, like the bribe taker.”

Karnataka High Court Allows Tax Exemption On Voluntary Donation Received By Educational Institution

Case Title: Pr Commissioner Of Income-1 Tax (Exemptions) Versus M/S Rashtreeya Sikshana Samithi Trust

Case No.: Income Tax Appeal No. 554 Of 2018

Citation: 2023 LiveLaw (Kar) 247

The Karnataka High Court has allowed a tax exemption on voluntary donations received by educational institutions.

The bench of Justice P.S. Dinesh Kumar and Justice T.G. Shivashankare Gowda has observed that the educational institution is carrying out education that is charitable within the meaning of Section 2(15), it has applied or accumulated sums as required by Section 11(1)(a), the explanation thereto, and Section 11(2), it is duly registered under Section 12A, and it has not violated Section 13. There is no private gain, and all the funds are plowed back only into education. Thus, accumulations and applications are as per the provisions of Section 11. Therefore, exemption under sections 11 and 12 has to be granted to the assessee.