Karnataka High Court Weekly Round-Up: August 1 To August 7, 2022

NINGARAJU N v. OFFICIAL LIQUIDATOR OF M/S INDIA HOLIDAY (PVT) LTD. 2022 LiveLaw (Kar) 296

Judgments/Orders/Reports

1. Karnataka High Court Orders ₹5 Lakhs Compensation To Man Wrongly Arrested, Says Arresting Officer Must Ascertain Identity

Case Title: NINGARAJU N v. OFFICIAL LIQUIDATOR OF M/S INDIA HOLIDAY (PVT) LTD.

Case No: COMPANY APPLICATION NO. 96 OF 2022 C/W COMPANY PETITION NO.26 OF 2008.

Citation: 2022 LiveLaw (Kar) 296

The Karnataka High Court has held that whenever any warrant is issued, whether bailable or non-bailable, the arresting officer is required to ascertain the identity and be satisfied that the person proposed to be arrested is the same person as against whom the warrant has been issued.

2. Karnataka High Court Directs State To Ensure Compliance Of Order Restricting Protests, Processions To Bengaluru's Freedom Park, Closes PIL

Case Title: Suo-Motu v. The State Of Karnataka

Case No: WP 5781/2021

Citation: 2022 LiveLaw (Kar) 297

The Karnataka High Court on Monday directed the State government to ensure compliance of the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 issued under the Karnataka Police Act, permitting procession, dharna and protest only at Freedom Park in Bengaluru.

3. Criminal Law Can't Be Used For 'Recovery Of Money' Unless Offence Of Cheating/ Criminal Breach Of Trust Is Established: Karnataka High Court

Case Title: AMIT GARG v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO.4856 OF 2021

Citation: 2022 LiveLaw (Kar) 298

The Karnataka High Court has said that the criminal law cannot be set into motion for recovery of money paid under a contract, unless the offence of cheating or even criminal breach of trust is established.

4. PIL Not Maintainable In Service Matters: High Court Dismisses Challenge To Appointment Of Special Officer To State Nursing Education Regulation Authority

Case Title: DIVYA RAJESH HAGARAGI v. STATE OF KARNATAKA

Case No: WP 12388/2020

Citation: 2022 LiveLaw (Kar) 299

The Karnataka High Court on Tuesday dismissed a public interest litigation filed by Divya Rajesh Hagaragi who is a prime accused in the Police Sub-Inspector Recruitment Scam, questioning the appointment of Dr. N. Ramakrishna Reddy as a Special Officer to the Karnataka Nursing and Paramedical Sciences Education (Regulation) Authority.

5. Inordinate Delay In Lodging "Extortion" Complaint Gives Rise To Doubts As To Its Veracity: Karnataka High Court

Case Title: IMRAN SIDDIQUI v STATE OF KARNATAKA

Case NO: WRIT PETITION No.10023 OF 2022 C/W WRIT PETITION No.10029 OF 2022.

Citation: 2022 LiveLaw (Kar) 300

The Karnataka High Court has said that unexplained delay in registering a complaint of extortion under Section 384 of the Indian Penal Code, gives rise to embellishment to a particular complaint.

6. Sanction U/S 137 Customs Act Not Required For Prosecution On Charges Under Prevention Of Corruption Act: Karnataka High Court

Case Title: George Varghese v Superintendent of Police

Case No: CRIMINAL REVISION PETITION No.1193 OF 2012

Citation: 2022 LiveLaw (Kar) 301

The Karnataka High Court has held that sanction under Section 137 of the Customs Act, to prosecute an officer of the Customs Department, charged under the offences punishable under the Prevention of Corruption Act, is not required.

7. Karnataka High Court Denies Bail To Former Bengaluru Urban Dy Commissioner In Corruption Case

Case Title: J MANJUNATH v THE STATE OF KARNATAKA

Case No: CRL.P 6578/2022

Citation: 2022 LiveLaw (kar) 302

The Karnataka High Court on Wednesday dismissed the bail petition filed by IAS Officer J Manjunath, who has been arrested by the Anti Corruption Bureau (ACB) in a bribery case.

8. Fundamental Right To Trade Under Article 19 Not Unrestricted: High Court Upholds Ban On Firecracker Business In Congested Areas Of Bengaluru

Case Title: M/S. MADHI TRADING CO & Others v THE JOINT CHIEF CONTROLLER OF EXPLOSIVES.

Case No: WRIT PETITION NO.46677 OF 2013

Citation: 2022 LiveLaw (Kar) 303

The Karnataka High Court has upheld the orders passed by the Director General of Police back in 2013 by which petitioners running the business in crackers & fireworks items were prohibited from carrying on their businesses in the congested areas of Bangalore city, mentioned in the order.

9. Constitutional Functionaries Can't Be Summoned As Witnesses On Mere Asking': Karnataka High Court Quashes Subpoena Qua Ex-Chief Of ECI

Case Title: ELECTION COMMISSION OF INDIA v RAVISHIVAPPA PADASALAGI @ SAVADI & Others

Case No: OSA No.100001 OF 2022

Citation: 2022 LiveLaw (Kar) 304

The Karnataka High Court has "set at naught" a single bench order summoning Ex-Chief Election Commissioner of India, Sunil Arora, as a witness in an Election Petition calling in question the election of BJP candidate Mahesh Kumatalli from Athani Assembly Constituency in 2019.

Other reports

1: Helpless Immigrants Detained In Jail Amid Lack Of Detention Centres: Karnataka Legal Services Authority Moves High Court, Notice Issued

Case Title: Karnataka State Legal Services Authority v Union of India & Others

Case NO: WP 12862/2022

The Karnataka High Court on Monday issued notice to the Union of India, and other respondents on a petition filed by the Karnataka State Legal Services Authority seeking directions to take immediate steps for setting up sufficient number of Detention Centres with all basic amenities in the state for the detention of the illegal immigrants awaiting deportation.

2: Right To Be Forgotten: Karnataka HC Directs 17 Media Outlets To Temporarily Block Articles Displaying Names Of Two Acquitted Of Alleged Crimes

Case Title: XYZ & ANR v. Union of India and Others

The Karnataka High Court on Wednesday directed 17 media outlets to temporarily block articles, videos and comments displaying names of two Petitioners herein in connection with a criminal case registered against them, for which they stand acquitted.

3: Karnataka High Court Issues Circular Encouraging Judicial Officers To Hoist National Flag At Their Homes Ahead Of Independence Day

The Karnataka High Court has issued a circular encouraging all the Judicial Officers, officers and officials of the District Judiciary to actively participate in the National Campaign of the Government "Har Ghar Tiranga" by hoisting the National Flag in their homes during the period from 13th to15th August, 2022.

4: "Threat To Independence Of Judiciary Is A Myth": Karnataka HC Judge Justice P Krishna Bhat In His Farewell Speech

Justice P Krishna Bhat of the Karnataka High Court on Thursday said that threat to 'Independence of Judiciary' is a myth.

The Independence of the Judiciary is realized by an individual Judge remaining independent, he said.

Speaking at the farewell function organised by the High Court he said, "Discussions about 'Independence of judiciary' and threat to the same abounds the air now. To my mind, threat to 'Independence of Judiciary' is a myth. Independence of Judiciary is realised by an individual Judge remaining independent. How is that attained? It is only by the Judge internalising certain values and virtues. It is the Judge who is a 'recluse' (in the felicitous words of Sri E.S. Venkataramaiah, Former Chief Justice of India) makes for independent judiciary".