Karnataka High Court Weekly Round-Up: November 18 - November 24, 2024

Citations: 2024 LiveLaw (Kar) 472 To 2024 LiveLaw (Kar) 480

Nominal Index:

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

Judgments/Orders

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.