Karnataka High Court Weekly Round-Up: December 11 To December 17, 2023

Citations: 2023 LiveLaw (Kar) 469 To 2023 LiveLaw (Kar) 478

Nominal Index

Mohan Nayak N AND State of Karnataka. 2023 LiveLaw (Kar) 469

Mohammad Shafiulla AND The D. G. AND I.G.P. Of Police & Others. 2023 LiveLaw (Kar) 470

Dr V L Nandish AND The Commissioner Bruhat Bengaluru Mahanagara Palike. 2023 LiveLaw (Kar) 471

Anitha H And Principal District and Session Judge. 2023 LiveLaw (Kar) 472

HIGH COURT OF KARNATAKA AND State of Karnataka. 2023 LiveLaw (Kar) 473

Yallappa & Another AND Kallavva Kuriyavar. 2023 LiveLaw (Kar) 474

Mubeen Unnisa Begum AND State of Karnataka. 2023 LiveLaw (Kar) 475

Ms X v State of Karnataka & Others. 2023 LiveLaw (Kar) 476

Nikkitha K J AND Union of India & others. 2023 LiveLaw (Kar) 477

Rajesh Kumar Shetty And T Subbaya Shetty & ANR. 2023 LiveLaw (Kar) 478

Judgments/Orders

Karnataka High Court Allows Bail Plea By Accused In Journalist Gauri Lankesh's Murder

Case Title: Mohan Nayak N AND State of Karnataka

Case No: CRL.P.No.7963/2023

Citation No. 2023 LiveLaw (Kar) 469

The Karnataka High Court has granted bail to an accused involved in the murder of journalist Gauri Lankesh. The accused was alleged to be harbouring Accused nos.2 & 3 who murdered Lankesh by shooting her near her house and being a member of the syndicate involved in committing organised crimes.

On September 5, 2017, journalist and activist Gauri Lankesh was shot dead in front of her residence in south Bengaluru. The police have arrested 18 persons in the case. The first charge-sheet in the case was filed against Naveen Kumar on May 30. On November 23, 2018, the SIT submitted an additional 9,235-page chargesheet in the Principal Civil and Sessions court. The second chargesheet named 18 people as accused in the murder.

Bounden Duty Of Authority To Supply Details Of Detention & Translated Case Materials To Detenu: Karnataka HC Quashes Order Under Preventive Detention Act

Case Title: Mohammad Shafiulla AND The D. G. AND I.G.P. Of Police & Others

Case No: WPHC NO.75 OF 2023

Citation No. 2023 LiveLaw (Kar) 470

The Karnataka High Court has quashed an order of detention passed by the authorities against a detenu under the Karnataka Prevention Of Dangerous Activities Of Bootleggers, Drug-Offenders, Gamblers, Goondas, [Immoral Traffic Offenders, Slum-Grabbers And Video Or Audio Pirates] Act, 1985 ("Goonda Act/Preventive Detention Act").

One of the grounds for setting aside the order was the failure of authority to provide copies of documents relied on by it while passing the impugned order in a language known to the detenu. A division bench of Justice K Somashekhar and Justice Rajesh Rai K allowed the habeas corpus petition to produce the detenu before the Court and set him at liberty by quashing the impugned detention order.

BBMP Informs Karnataka High Court Of SOP To Be Followed For Felling Of Dangerous Trees

Case Title: Dr V L Nandish AND The Commissioner Bruhat Bengaluru Mahanagara Palike

Case No: WRIT PETITION NO. 17877 OF 2023

Citation No. 2023 LiveLaw (Kar) 471

Bruhat Bengaluru Mahanagara Palike (BBMP) has adopted a Standard Operating Procedure (SOP) guidelines/parameters to be followed by Tree Officers/Deputy Conservator of Forest, BBMP, for felling of dangerous trees.

A single-judge bench of Justice Suraj Govindaraj was informed by the corporation that such a procedure would be followed henceforth. The bench recorded the submission and said “This court has not expressed any opinion on the validity or otherwise of the above SOP.”

'Husband's Avocation Has No Relevance To Candidate's Merit': Karnataka High Court Quashes Typist's Termination Order

Case Title: Anitha H And Principal District and Session Judge

Case No: WRIT PETITION NO. 12609 OF 2023

Citation No. 2023 LiveLaw (Kar) 472

The Karnataka High Court has quashed the termination order issued to a typist working at the Additional Civil Judge and Judicial Magistrate First Class court, Davanagere for allegedly giving incorrect details about her husband's avocation during the selection process.

A single judge bench of Justice N S Sanjay Gowda allowed the petition and directed that the petitioner be reinstated to the post forthwith and be permitted to discharge her services as a Typist. The bench said “The avocation of the petitioner's husband would really have no relevance for comparing the relevant merit of the petitioner. Admittedly, the petitioner possessed the necessary merit and secured the post of Typist on the basis of her own merit and appointment was obviously not given to her on the basis of her husband's avocation.”

Police Assault On Advocate | Karnataka High Court Disposes PIL Noting Probe Handed To CID, Says State Taking Appropriate Steps

Case Title: HIGH COURT OF KARNATAKA AND State of Karnataka

Case No: WP 26762/2023

Citation No: 2023 LiveLaw (Kar) 473

The Karnataka High Court disposed of the suo-motu petition taken up acting on the representation made by the Advocates' Association of Bengaluru regarding the alleged incident of an advocate being assaulted by the police in Chikamanagaluru District.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said “We see all necessary steps are taken by the state government. The investigation is handed to CID and the agency has initiated an investigation we see no reason to issue any further direction. The purpose of taking cognizance by this court represented by AAB is duly served and achieved its purpose. Accoridnly we see no reason to keep the petition pending in this court. Accordingly, it is disposed of.”

Denying Relationship With Deceased In Declaration Suit Not Defamation, Civil Court Must Decide Veracity Of Statements: Karnataka High Court

Case Title: Yallappa & Another AND Kallavva Kuriyavar

Case No: CRIMINAL PETITION NO.100331 OF 2023

Citation No. 2023 LiveLaw (Kar) 474

The Karnataka High Court has held that written statements filed by defendants before a civil court in a declaration suit, denying the relationship of plaintiffs with the deceased, would not amount to defamation.

A single-judge bench of Justice Shivashankar Amarannawar allowed the petition and quashed the proceedings initiated under Section 500 of the Indian Penal Code by the respondents.

It said “I hold that this is not a case where the statements are per se defamatory so as to disallow the plea of good faith at this stage so as to allow the respondent to go ahead with the prosecution.”

High Court Grants Parole To Convict In Karnataka Church Attacks Case From 2000

Case Title: Mubeen Unnisa Begum AND State of Karnataka

Case No: WRIT PETITION NO. 16482 OF 2023

Citation No. 2023 LiveLaw (Kar) 475

The Karnataka High Court recently granted parole to Mohammed Akhil who has been convicted for his involvement in attacks on churches in Hubli and other parts of the state in the year 2000.

A single-judge bench of Justice M Nagaprasanna allowed the petition filed by Mubeen Unnissa Begum, the wife of Akhil.

It noted that the petitioner was before the Court seeking the release of her husband on parole since she was suffering from ailments and requested the presence of her husband since her other family members were also aged and suffering from ailments themselves.

Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing

Case Title: Ms X v State of Karnataka & Others

Case No: Writ Petition No. 27563 OF 2023

Citation No. 2023 LiveLaw (Kar) 476

The Karnataka High Court has directed that immediately upon registration of a sexual offence under Section 376 of IPC or the POCSO Act, a medical examination of the victim must be made.

The Court directed for such medical examinations to ascertain amongst others—--if the victim was pregnant or not, the physical and mental status of the victim, and the ability to undergo the medical termination of the pregnancy, if needed, and aggravating factors which may impinge upon the health and wellbeing of the victim.

Helps Society If Student Has Extra Acumen: Karnataka High Court Directs ICAI To Grant Membership To Chartered Accountant Who Pursued Multiple Courses

Case Title: Nikkitha K J AND Union of India & others

Case No: Writ Petition No. 10759 of 2023.

Citation No: 2023 LiveLaw (Kar) 477

The Karnataka High Court has directed the Institute of Chartered Accountants of India (ICAI) to grant membership to practise as a Chartered Accountant to a 23-year-old who pursued multiple courses while pursuing the CA course.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Nikkitha K J and said “I deem it appropriate to bend the arc of justice for a student and direct grant of Membership of the petitioner to the Institute without brooking any further delay.”

Karnataka Bank Not 'State' Under Article 12, Writ Petition Seeking Release Of Funds Held In Fixed Deposit Not Maintainable: High Court

Case Title: Rajesh Kumar Shetty And T Subbaya Shetty & ANR

Case No: Writ Petition No 11940 of 2023.

Citation No. 2023 LiveLaw (Kar) 478

The Karnataka High Court has held that a writ petition seeking a direction to release funds kept in Fixed Deposits with Karnataka Bank Ltd was not maintainable.

A single judge bench of Justice K V Aravind said “Writ petition is rejected as the same is not maintainable under Article 226 of the Constitution of India as the second respondent-Bank is not a "State" under Article 12 of the Constitution of India. The petitioner is at liberty to seek appropriate remedy before the appropriate forum, in accordance with law, if so advised.”