Karnataka High Court Weekly Round-Up: April 3 To April 9

Manje Gowda And State of Karnataka & Others. 2023 LiveLaw (Kar) 135

Rathnamma & ANR And State of Karnataka & Others. 2023 LiveLaw (Kar) 136

Bujji @ Babu G And State Of Karnataka. 2023 LiveLaw (Kar) 137

Nanjappa And State of Karnataka & Others. 2023 LiveLaw (Kar) 138

Khadar Basha & others And State of Karnataka. 2023 LiveLaw (Kar) 139

M P Renukacharya And State of Karnataka. 2023 LiveLaw (Kar) 140

Sudarshan Ramesh And Union of India & others. 2023 LiveLaw (Kar) 141

T N Shivaraju & others And State of Karnataka & Others. 2023 LiveLaw (Kar) 142

Aisha Mallik & Others And Union of India & Others. 2023 LiveLaw (Kar) 143

Judgments/Orders

Upload Orders On Websites, Give Reasons For Adjournments: Karnataka High Court Issues Directions For Quasi-Judicial Authorities

Case Title: Manje Gowda And State of Karnataka & Others

Case No: WRIT PETITION NO. 50646 OF 2016

Citation: 2023 LiveLaw (Kar) 135

The Karnataka High Court has directed the Principal Secretary to Department of Rural Development and Panchayat Raj to explore the possibility of making available hybrid hearings through video conferencing, at all quasi judicial authorities.

A single judge bench of Justice Suraj Govindaraj said “In this age when courts have also installed hybrid hearings through video conferencing, the Prl. Secretary to explore the possibility of making available similar facilities at all quasi judicial authorities, so as to enable easy access to justice to the citizens of the country.”

Karnataka High Court Directs Prison Authority To Consider Woman's Plea To Release Murder Convict On Parole For Their Marriage

Case Title: Rathnamma & ANR And State of Karnataka & Others

Case No: WRIT PETITION NO. 7270 OF 2023

Citation: 2023 LiveLaw (Kar) 136

The Karnataka High Court has directed the prison authorities to consider the representation of a woman and release a murder convict on parole leave, for him to marry her or else she would be given in marriage to someone else.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Neetha G and Rathnamma and directed the authorities to release the convict Anand. It said “The respondents 2 and 3 are directed to consider the representations of the petitioners and release the detenue/Anand (convict Prisoner No.11699) on parole from the forenoon of 05.04.2023, till the evening of 20.04.2023.”

Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail Plea

Case Title: Bujji @ Babu G And State Of Karnataka

Case No: CRIMINAL PETITION NO. 12080 OF 2022

Citation: 2023 LiveLaw (Kar) 137

The Karnataka High Court has refused bail to an accused in a case under the Protection of Children from Sexual Offence (POCSO) Act, who claimed that the victim minor girl was a consenting party and that there was absence of element of force.

Justice V Srishananda said the "consent, if any, of the victim girl for the penetrative sexual assault said to have taken place between the petitioner and the victim girl is immaterial while considering the scope of Section 3 of POCSO Act which is punishable under Section 4 of the POCSO Act.”

Gift Deed Executed By Senior Citizen Can Be Declared Null And Void Only If It Contains Stipulation On Maintenance By Transferee: Karnataka High Court

Case Title: Nanjappa And State of Karnataka & Others

Case No: WRIT APPEAL No.573/2022

Citation: 2023 LiveLaw (Kar) 138

The Karnataka High Court has said that a gift deed executed by a senior citizen can be declared as null and void under the Senior Citizens Act only if a stipulation is contained therein that the transferee shall maintain him or her in return.

A division bench of Justice B Veerappa and Justice K S Hemalekha, while dismissing an intra-court appeal filed by Nanjappa, said, “On careful perusal of the document executed by the appellant in favour of the 3rd respondent, who happens to be the brother of the appellant, it does not contain any stipulation that the 3rd respondent is under the obligation to maintain the present appellant. In the absence of any condition stipulated in the documents, the provisions of Subsections (1) and (2) of Section 23 of the Senior Citizens Act are not attracted.”

Violation Of COVID Norms: Karnataka High Court Quashes Criminal Proceedings Against Workers Of Campus Front Of India

Case Title: Khadar Basha & others And State of Karnataka

Case No: CRIMINAL PETITION NO. 104219 OF 2022

Citation: 2023 LiveLaw (Kar) 139

The Karnataka High Court has quashed proceedings initiated last year against workers of now-banned Campus Front of India (CFI) for holding a meeting and gathering people at Dr.B.R.Ambedkar Bhavan, Bagalokot, when the authorities had prohibited such meetings on account of third wave of COVID-19.

Justice J M Khazi sitting at Dharwad bench allowed the petition filed by Khadar Basha and others who were charged for offences punishable under Sections 143, 270, 448 R/W Section 149 of Indian Penal Code, 1860 and Sections 4 and 5 of Epidemic Diseases (Amendment) Ordinance 2020.

Karnataka High Court Refuses To Quash FIR In Disproportionate Assets Case Against BJP MLA Renukacharya

Case Title: M P Renukacharya And State of Karnataka

Case No: CRIMINAL PETITION NO.2098 OF 2017

Citation: 2023 LiveLaw (Kar) 140

The Karnataka High Court has refused to quash an alleged case of disproportionate assets against Bharatiya Janata Party (BJP) Leader M P Renukacharya.

Justice K Natarajan, while dismissing the petition filed by the legislator, said the petition is devoid of merits and liable to be dismissed. On the private complaint filed by one Gurupadaiah, the police earlier registered FIR on 30.11.2015, wherein it was alleged Renukacharya had amassed wealth disproportionate to his known source of income while he was a Member of Legislature Assembly during 2004 to 2008, again from 2008 to 2013 and also from 25.12.2009 to 23.12.2013 when he was Cabinet Minister of Government of Karnataka.

Karnataka Bitcoin Scam: High Court Directs ED To Complete Investigation Against Accused Sirkrishna's Brother In 6 Weeks, Review LOC

Case Title: Sudarshan Ramesh And Union of India & others

Case No: WRIT PETITION NO.30 OF 2023

Citation: 2023 LiveLaw (Kar) 141

The Karnataka High Court has directed the Enforcement Directorate (ED) to consider the representations made by Sudarshan Ramesh, brother of bitcoin scam accused Sirkrishna, seeking to recall the Look Out Circular issued against him, thereby not allowing him to leave India.

The representation is to be considered after completing the investigation in the money laundering case against Sudarshan, for his alleged involvement, within 6 weeks. However, it reminded petitioner that an accused or any other person who is connected with the proceeds of crime, but may not be accused in the predicate offence, has a bounden duty to co-operate with the investigation.

KCS Act | Registrar Can’t Appoint Special Officer U/S 31(1) On Account Of Resignations If They Are Withdrawn Within 15 Days: Karnataka High Court

Case Title: T N Shivaraju & others And State of Karnataka & Others

Case No: WRIT PETITION NO. 6419 OF 2023

Citation: 2023 LiveLaw (Kar) 142

The Karnataka High Court has said that if resignations tendered by Directors of a cooperative society are withdrawn within 15 days, then there is no resignation which can be said to have been taken place and the Registrar of Cooperative Societies, under the Karnataka Cooperative Societies Act, in such circumstances cannot appoint a Special Officer for the society.

A single judge bench of Justice Suraj Govindaraj allowed the petition filed by T N Shivaraju and others, who are Directors of the Town Cooperative Society Ltd, and quashed the order dated 6.3.2023, passed by Deputy Registrar of Cooperative Societies appointing a special officer to the society under Section 31 (1) of the Act.

Can Seek Indian Citizenship Only After Renouncing Pak Citizenship: Karnataka High Court Rejects Woman’s Plea For Issuance Of Passport To Children

Case Title: Aisha Mallik & Others And Union of India & Others

Case NO: WRIT PETITION No.14333 OF 2022

Citation: 2023 LiveLaw (Kar) 143

The Karnataka High Court has refused to issue a direction to the Union of India to consider the representation of two minor Pakistani Nationals, for issuance of Indian passport and grant of Indian citizenship to them

A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Aisha and Ahmed Mailk and said, “If the law elsewhere i.e., Pakistan does not permit renunciation of citizenship by minors up to a certain age, the law of this nation would not permit grant of citizenship to such persons.”