Karnataka High Court Weekly Roundup: June 10 - June 16, 2024

Citations: 2024 LiveLaw (Kar) 256 To 2024 LiveLaw (Kar) 264

Nominal Index:

City Municipal Council Channapatna AND Siddaramu & ANR. 2024 LiveLaw (Kar) 255. 2024 LiveLaw (Kar) 256

Santhosh Shetty & Others AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 257

Rev. Devaraj Bangera And State of Karnataka. 2024 LiveLaw (Kar) 258

X AND Karnataka Medical Council & ANR. 2024 LiveLaw (Kar) 259

M/s Akhila Karnataka Hindu Temples Priest Agamikas and Archaks Association And State of Karnataka & Anr. 2024 LiveLaw (Kar) 260

Dr Chethan Kumar S AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 261

C B Prakash & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 262

Nikil Sankla AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 263

Uemsha T N and Ors vs. State of Karnataka. 2024 LiveLaw (Kar) 264

Judgments/Orders

Judges Not "Mughals", Can't Transcend Law To Do Justice: Karnataka HC Refuses To Extend Disabled Shop Owner's Lease Beyond Statutory Limit

Case Title: City Municipal Council Channapatna AND Siddaramu & ANR

Case No: WA NO.1983 OF 2016

Citation No: 2024 LiveLaw (Kar) 255

The Karnataka High Court has set aside a single bench order which directed the City Municipal Council of Channapatna to extend the lease of a shop allotted to a disabled person to 20 years, instead of the stipulated 12-years lease period.

A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar allowed the appeal filed by the Council by citing a Government Circular dated 26.10.2009 which prescribes a maximum period of 12 years lease of these properties for disabled persons under the Karnataka Municipalities Act, 1964. It said, “The learned Single Judge could not have lightly construed such an instrument of law to the prejudice of public interest and conversely to the advantage of a private citizen. No writ can be issued in derogation of law. Writ Courts in the guise of doing justice cannot transcend the barriers of law, to say the least. Obviously, they cannot arrogate to themselves the extraordinary power vested in the Apex Court of the country under Article 142 of the Constitution. After all, we are Judges and therefore, cannot act like mughals of a bygone era. More is not necessary to specify.”

Minor Involved in Accident: Owner Liable, 'Pay and Recover' Not Applicable | Rules Karnataka High Court

Case Title: The New India Assurance Co Ltd AND Bibi Nafisa & Others

Case No: MISCELLANEOUS FIRST APPEAL NO.7683 OF 2014(MV-D) C/W MFA CROSS OBJECTION NO. 54 OF 2020

Citation No: 2024 LiveLaw (Kar) 256

The Karnataka High Court has held that the principle of pay and recover is not applicable in case a minor boy drives the vehicle and causes the accident. In such cases, the owner of the vehicle alone shall pay the compensation to the claimants and not the Insurance Company, it held.

A single judge bench of Justice Hanchate Sanjeev Kumar allowed the appeal filed by The New India Assurance Co Ltd and set aside the order of the tribunal dated 11.08.2014 insofar as it relates to fastening liability on the Insurance Company to pay compensation.

'No False Promise Of Marriage': Karnataka High Court Quashes Rape Case Filed By Woman Against Her Fiancee And His Family Members After Wedding Was Called Off

Case Title: Santhosh Shetty & Others AND State of Karnataka & ANR

Case No: CRIMINAL PETITION No.13912 OF 2023

Citation No: 2024 LiveLaw (Kar) 257

The Karnataka High Court has quashed a rape case registered by a woman against her would-be husband alleging that after the betrothal ceremony on the promise of marriage the accused had forced the complainant to indulge in sexual intercourse and seven months later refused to marry.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Santosh Shetty and his family members who were charged with offences punishable under sections 376, 471, 420, 109, 504 r/w 34 of the Indian Penal Code.

Manipulated Birth Certificate To Continue As Head Of Church For One More Year? Karnataka High Court Orders Imprisonment Till Rising Of Court

Case Title: Rev. Devaraj Bangera And State of Karnataka

Case No: CRIMINAL REVISION PETITION NO.67 OF 2015

Citation No: 2024 LiveLaw (Kar) 258

The Karnataka High Court recently upheld the order of conviction handed down by the trial court to a retired head of a church who had manipulated his date of birth certificate so as to get the benefit of continuing to be head of the church for one more year.

A single judge bench of Justice V Srishananda however upon noting that offence was committed almost 20 years ago in 2004 and accused is aged 80-years, modified the prison term of three years and directed the accused to undergo simple imprisonment for a day till raising of the Court.

Karnataka High Court Declines Wife's Plea To Examine Husband Allegedly Diagnosed With 'Missing Brain' Condition Amidst Pending Divorce Case

Case Title: X AND Karnataka Medical Council & ANR

Case No: WRIT PETITION No.4617 OF 2024

Citation No: 2024 LiveLaw (Kar) 259

The Karnataka High Court has dismissed a petition filed by a doctor-wife questioning the rejection of her application by the Karnataka Medical Council wherein she had sought to appoint an Expert Committee to examine her husband, also a doctor, who was allegedly diagnosed as suffering from a porencephalic cyst (missing brain).

A single judge bench of Justice M Nagaprasanna dismissed the petition filed by the estranged wife. However, it clarified that the issue could be kept open to be urged at a later point in time if the need arises.

Karnataka High Court Dismisses PIL Seeking Declaration That Temples Are Not Public Authorities Under RTI Act

Case Title: M/s Akhila Karnataka Hindu Temples Priest Agamikas and Archaks Association And State of Karnataka & Anr

Case No: WP 8722/2024

Citation No: 2024 LiveLaw (Kar) 260

The Karnataka High Court on Wednesday dismissed a public interest litigation filed seeking a declaration that temples in the State of Karnataka are not public authorities within the meaning of section 2 (h) of the Right to Information Act, 2005.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by M/s Akhila Karnataka Hindu Temples Priests Agamikas and Archaks Association.

Patient's Vulnerability Can't Be Used As A Weapon To Sexually Exploit Them: Karnataka High Court Declines Relief To Doctor Accused Of Sexual Harassment

Case Title: Dr Chethan Kumar S AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 4868 OF 2024

Citation No: 2024 LiveLaw (Kar) 261

The Karnataka High Court has dismissed a petition filed by a doctor seeking to quash an offence registered against him under Section 354-A (Sexual Harassment) on the complaint lodged by a patient.

A single judge bench of Justice M Nagaprasanna said “A doctor should remember that the patients seek their help when they are in a vulnerable state – when they are sick, when they are needy and when they are uncertain about the needs to be done. The unequal distribution of power in the doctor-patient relationship may give rise to opportunities of sexual exploitation. This vulnerability should not be used as a weapon by the doctors, misusing the trust the patient reposes in the doctor.”

[S.498A IPC] Scores Of Cases Where Husband's Family Is Dragged Into Web Of Crime By Frivolous Complaints Of Wife, Must Be Nipped In The Bud: Karnataka HC

Case Title: C B Prakash & ANR AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 6995 OF 2022

Citation No: 2024 LiveLaw (Kar) 262

The Karnataka High Court has quashed a case under Section 498-A of the Indian Penal Code registered by a woman against her father and mother-in-law.

A single judge bench of Justice M Nagaprasanna while allowing the petition filed by C B Prakash and another said “There are scores and scores of cases where allegations are made that have pointed overt acts by every member of the family which are sustained and further trial is permitted. There are even scores and scores of cases where every member of the family without rhyme or reason is dragged into the web of crime by frivolous complaints registered by the complainant/wife while the entire grievance is against the husband and every imaginary member of the family is dragged in. It is these cases which are to be nipped in the bud.”

POCSO Act: Karnataka High Court Grants Bail To Youth Accused Citing Chances Of Coming In Contact With Hardcore Criminals In Custody

Case Title: Nikil Sankla AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 4209 OF 2024

Citation No: 2024 LiveLaw (Kar) 263

The Karnataka High Court recently granted bail to a 20-year-old who allegedly, after having chats with a minor girl over Instagram, took her intimate photos, committed sexual assault and started blackmailing the victim and her family members.

A single judge bench of Justice M G Uma allowed the bail petition observing that “The petitioner is hardly aged 20 years. If he is detained in custody, there is every possibility of him coming in contact with hardcore criminals, which is not in the best interest of the petitioner.”

Employees Can't Be Regularized If Employment Was Based On Outsourcing Contracts, Not Intended To Create Permanent Employment: Karnataka High Court

Case Title: Uemsha T N and Ors vs. State of Karnataka

Case No. : WP No. 19588 of 2023

Citation No: 2024 LiveLaw (Kar) 264

A single judge bench of the Karnataka High Court comprising Justice N S Sanjay Gowda, while deciding Writ Petition in the case of Uemsha T N and Ors vs. State of Karnataka, held that employees cannot be granted permanent status if their employment was through outsourcing contracts that were not meant to establish permanent positions.