Karnataka High Court Weekly Round-Up: June 20 To June 26, 2022

RATHNAMMA v. STATE REPRESENTED BY PSI, CHANNAGIRI POLICE STATION, 2022 LiveLaw (Kar) 216

1. Power To Decide Interim Custody Of Vehicle Seized Under NDPS Lies With Magistrate/Special Court, Not With Drug Disposal Committee: Karnataka HC

Case Title: RATHNAMMA v. STATE REPRESENTED BY PSI, CHANNAGIRI POLICE STATION.

Case No: CRL.P No.3571/2021

Citation no: 2022 LiveLaw (Kar) 216

The Karnataka High Court has held that a Magistrate or the Special Court (under the Narcotic Drugs and Psychotropic Substances Act) is conferred with the power/jurisdiction to consider the application for 'interim custody' of the conveyance/vehicle under the provisions of Sections 451 and 457 of the Code of Criminal Procedure in cases arising out of the provisions of NDPS Act.

2. Justice Bhimanagouda Sanganagouda Patil, Former Judge Of HC, Appointed As Lokayukta Of Karnataka:State Govt Informs High Court

Case Title: Umapathi S. v. State of Karnataka     

Case No: WRIT PETITION NO.10789 OF 2022

Citation: 2022 LiveLaw (Kar) 217

The State Government last week informed the Karnataka High Court about the appointment of former judge of the High Court, Bhimanagouda Sanganagouda Patil, as the Lokayukta of Karnataka.

3. Architect Can't Be Prosecuted U/S 304A IPC For Death Of Construction Worker In On-Site Accident: Karnataka High Court

Case Title: VISHWAS V v THE STATE OF KARNATAKA     

Case No: WRIT PETITION No.5609 OF 2022

Citation: 2022 LiveLaw (Kar) 218

The Karnataka High Court recently quashed criminal proceedings pending against an Architect, observing that it would be too far to stretch Section 304A of the IPC to contend that a person who had designed the house is responsible for death of a worker while undertaking construction under a contractor.

4. Karnataka High Court Directs State To Consider Plea By Bhovi Community To Continue Traditional Stone Cutting Work On Govt Land Without License

Case Title: Lakshi Venkateshwara Kallu Kutukara Bhovi Shakhara Sangha v. The State Of Karnataka

Case No: WP 11537/2022

Citation: 2022 LiveLaw (Kar) 219

The Karnataka High Court has directed the state government to consider the representation to be made by members of the Bhovi Community, who are involved in traditional stone cutting work and take an appropriate decision in accordance with law, in respect of allowing them to continue their work in Meesaganahalli village.

5. Regular Enquiry Not Practical, Will Affect Morale Of Force: Karnataka HC Upholds Dismissal Of CISF Constables Accused Of Rape By Another Constable's Wife

Case Title: Vikas Verma & Others v. Union of India & Others. 

Case No: WA 5651/2017

Citation: 2022 LiveLaw (Kar) 220

The Karnataka High Court has upheld the dismissal from service order passed by the Disciplinary Authority against eight constables of Central Industrial Security Force (CISF), for allegedly blackmailing and repeatedly raping the wife of another constable. The order was passed without holding regular inquiry.

6. Abuses Hurled In Basement Which Was Not In Public View Not An Offence: Karnataka High Court Quashes Proceedings Under SC/ST Act

Case Title: RITHESH PAIS v. STATE OF KARNATAKA    

Case No: CRIMINAL PETITION No.3597 OF 2022

Citation: 2022 LiveLaw (Kar) 221

The Karnataka High Court has quashed proceedings initiated against an accused under provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, holding that alleged abuses hurled by him to the complainant were in the basement of a building which was not a place of public view or a public place.

7. Commonwealth Games 2022: Karnataka HC Dismisses Table Tennis Player Archana Kamat's Plea Challenging Her Exclusion

Case Title: ARCHANA GIRISH KAMATH v. UNION OF INDIA

Case No: WP 11644/2022

Citation: 2022 LiveLaw (Kar) 222

The Karnataka High Court on Wednesday dismissed a petition filed by Table Tennis Player Archana Kamath, questioning the decision of the Table Tennis Federation in not selecting her in the team which would represent India in the upcoming CommonWealth Games, 2022, to be held in England.

8. S.143A NI Act | 'Conduct Of Accused' Relevant Consideration While Deciding Application For Interim Compensation: Karnataka High Court

Case Title: V.KRISHNAMURTHY v. DIARY CLASSIC ICE CREAMS PVT. LTD

Case No: CRIMINAL PETITION No.632 OF 2022

Citation: 2022 LiveLaw (Kar) 223

The Karnataka High Court has directed Magistrate courts to take into consideration conduct of the accused while deciding application filed by drawee in a cheque dishonour case, seeking interim compensation under section 143A of the Negotiable Instruments Act, 1881.

9. 45 Days' Delay In Lodging FIR: Karnataka High Court Quashes Criminal Proceedings In Absence Of Plausible Explanation

Case Title: B.DURGA RAM v. The State By BENGALURU CITY CENTRAL P.S.

Case No: CRIMINAL PETITION NO.2072 OF 2017

Citation: 2022 LiveLaw (Kar) 224

The Karnataka High Court has quashed criminal proceedings pending against a man holding that the FIR lodged by the complainant was 45 days after the alleged incident of assault and no plausible explanation was given for the delayed filing of FIR.

10. Karnataka High Court Quashes Private Complaint Against Kannada News Channel Alleging It Spoke Ill About Advocates' Fraternity

Case Title: PUBLIC TV (KANNADA NEWS CHANNEL) and ANR v. BANNADI SOMANATH HEGDE

Case No: WRIT PETITION NO.10262 OF 2019

Citation: 2022 LiveLaw (Kar) 225

The Karnataka High Court has quashed defamation proceedings initiated against Public TV, a Kannada news channel, and HR Ranganath, Chief Patron of the channel, initiated based on a private complaint filed alleging that several media entities has spoken ill about the advocate's fraternity at large.

11. S 498-A IPC Charge Not Maintainable Against Woman Alleged To Be In Illicit Relationship With Complainant's Husband: Karnataka HC

Case Title: XXX versus STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO.2743 OF 2017

Citation: 2022 LiveLaw (Kar) 226

The Karnataka High Court has quashed an FIR registered against a woman under sections 498-A, 506, 504 and 34 of IPC and Section 3 and 4 of Dowry Prohibition Act by another woman alleging that the accused was having an illicit relationship with her husband.

12. There Cannot Be Any 'Deemed Forest' Under The Forest Conservation Act: Karnataka High Court Reiterates

Case Title: D M Deve Gowda v. The Principal Chief Conservator of Forests

Case No: WP 10502/2022

Citation: 2022 LiveLaw (Kar) 227

The Karnataka High Court has reiterated that a land can either be a "forest" or a "forest land", but there cannot be any "deemed forest" in absence of any provision under the Forest Conservation Act.

13. Amendment Of Plaint Can Be Permitted After Commencement Of Trial If Fundamental Character Of Suit Is Not Affected: Karnataka High Court

Case Title: REKHA & Others versus LALITHAMMA & Others

Case No: WRIT PETITION NO. 55337 OF 2018(GM-CPC)

Citation: 2022 LiveLaw (Kar) 228

The Karnataka High Court has made it clear that a plaintiff's request for amendment of plaint can be considered even after commencement of trial, in case the fundamental character of the suit is not changed and no prejudice is caused to the responding party.

Other reports

1. Karnataka HC To Hear Objection To Maintainability of Petition Filed By Google India On July 8

Case Title: GOOGLE INDIA PRIVATE LIMITED & others versus COMPETITION COMMISSION OF INDIA & others

Case No: WP 9399/2022

The Karnataka High Court on Wednesday said it would on July 8, hear the application filed by Alliance of Digital India Foundation questioning the maintainability of the petition filed by Google India Pvt Ltd seeking to restrain the Competition Commission of India (CCI) from divulging confidential information of the company to the complainant Alliance Of Digital India Foundation.