Karnataka High Court Weekly Round Up: May 23 - May 29, 2022

SHIVAPRASAD @ SHIVA v. State of Karnataka. 2022 LiveLaw (Kar) 167

N.R. Sugandaraju v. State of Karnataka, 2022 LiveLaw (Kar) 168

NETHRA v STATE OF KARNATAKA, 2022 LiveLaw (Kar) 169

V Srinivasaraju v State by Yelahanka Police, 2022 LiveLaw (Kar) 170

E S Praveen Kumar v. State of Karnataka, 2022 LiveLaw (Kar) 171

Shalini and Anr. versus National Highways Authority of India and Ors. Citation : 2022 LiveLaw (Kar) 172

CANCER PATIENTS AID ASSOCIATION v CENTRAL BOARD OF FILM CERTIFICATION, 2022 LiveLaw (Kar) 173

SUJIT S/O MADIWALAPPA MULGUND v. THE SUPERINTENDENT OF POLICE, 2022 LiveLaw (Kar) 174

Judgments/Orders/Reports

1. Karnataka High Court Acquits Murder Convict, Sets Aside Life Term After Man Serves 13 Yrs In Jail

Case Title: SHIVAPRASAD @ SHIVA v. State of Karnataka

Case No: CRIMINAL APPEAL No.573/2019

Citation: 2022 LiveLaw (Kar) 167

The Karnataka High Court recently set aside the conviction of a man, incarcerated since 13 years, for the offence of murder under Section 302 IPC. The Court thus set aside the life term imposed by Special CBI Court and ordered his forthwith release.

2. Karnataka High Court Grants Bail To PT Teacher Charged Under POCSO Act For Misbehaving With Student

Case Title: N.R. Sugandaraju v. State of Karnataka, Case No: CRIMINAL PETITION NO.2917/2022.

Citation: 2022 LiveLaw (Kar) 168

The Karnataka High Court recently granted bail to a PT Teacher accused of misbehaving with a student studying in the 10th standard of the school and charged under section 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

3. S.437 CrPC | Woman Can Be Granted Bail For Non-Bailable Offence Even If It Is Punishable With Life Sentence/ Death: Karnataka High Court

Case Title: NETHRA v STATE OF KARNATAKA

Case No: CRIMINAL PETITION No.2306 OF 2022

Citation: 2022 LiveLaw (Kar) 169

Observing that it is not the law that bail should always be denied in a case where the offence punishable is of death or life imprisonment, the Karnataka High Court recently granted bail to a woman accused of murdering her husband. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Netra and granted her bail relying on section 437 of the Criminal Procedure Code (CrPC).

4. [Abetment Of Suicide] Perception Of Words Differs From Person To Person, Can't Quash FIR Without Trial: Karnataka High Court

Case Title: V Srinivasaraju v State by Yelahanka Police. Case No: Criminal Petition no 4770/2015.

Citation: 2022 LiveLaw (Kar) 170

The Karnataka High Court while refusing to quash the case of abetment of suicide against an accused, has observed that perception of threatening word differs from person to person and thus, it would not be appropriate in the facts of the case to quash the FIR without a full-fledged trial.

5. Police Sub-Inspector Is Empowered To Investigate & File Charge Sheet: Karnataka High Court

Case Title: E S Praveen Kumar v. State of Karnataka, Case No: Criminal Petition 2807/2022.

Citation: 2022 LiveLaw (Kar) 171

The Karnataka High Court has held that a Police Sub-Inspector is empowered to investigate and file charge sheet. There is no defect in the charge sheet filed by the Police Sub-Inspector after due investigation.

6. No Stamp Duty Leviable On Award Of Compensation Passed By An Arbitrator Under Section 3G(5) Of The National Highways Act: Karnataka High Court

Case Title: Shalini and Anr. versus National Highways Authority of India and Ors.

Citation : 2022 LiveLaw (Kar) 172

The Karnataka High Court has ruled that an award of compensation passed by an Arbitrator under Section 3G(5) of the National Highways Act, 1956 does not attract stamp duty.

7. Karnataka High Court Dismisses Plea Seeking Action Against KGF-2 Movie For Alleged Promotion Of Smoking

Case Title: CANCER PATIENTS AID ASSOCIATION v CENTRAL BOARD OF FILM CERTIFICATION

Citation : 2022 LiveLaw (Kar) 173

Case no: WP 5861/2022

The Karnataka High Court on Tuesday dismissed a petition filed by Cancer Patients Aid Association against the movie "KGF-2" for allegedly promoting smoking by displaying the habit as healthy and heroic.

8. Speedy Investigation : Karnataka High Court Sets Time Limit For Probe; 60 Days For Petty Offences, 90 Day For Heinous Crimes

Case Title: SUJIT S/O MADIWALAPPA MULGUND v. THE SUPERINTENDENT OF POLICE

Case No: WP 15144/2021

Citation: 2022 LiveLaw (Kar) 174

The Karnataka High Court has issued general directions for speedy conclusion of investigations in criminal matters. A single judge bench of Justice S Sunil Dutt Yadav in its interim order said, "There is a requirement to pass directions for speedy conclusion of investigation, that may be applicable to the matters in general."

Other reports

1. Karnataka High Court Extends Stay On ED Attachment Of Xiaomi India Pvt Assets

Case Title: Xiaomi Technology India Private Limited v. Union of India

Case No: WP 9182/2022

The Karnataka High Court on Monday extended till June 1, its earlier interim order staying the order issued by the Enforcement Directorate dated April 29, by which it had seized Rs.5551.27 crores from M/s Xiaomi Technology India Pvt Ltd under the provisions of the Foreign Exchange Management Act,1999 (FEMA).

2. Panchayat Elections: Karnataka High Court Directs State To Complete Delimitation Of Wards, Provide OBC Reservation In 12 Weeks

Case Title: The State Election Commission Karnataka v. State of Karnataka

Case No: WP 20426/2021

The Karnataka High Court on Tuesday directed the State government to complete, in 12 weeks time, the exercise of delimitation of wards in the taluka and zilla panchayats and also complete the exercise for providing reservation to Other Backward Classes (OBC) and other categories within the said period.

3.Play Store Payment Policy: Karnataka High Court Extends Interim Order Restraining CCI From Divulging Confidential Information Of Google

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

Case No: WP 9399/2022

The Karnataka High Court on Wednesday extended its order passed earlier, temporarily restraining the Competition Commission of India (CCI) from divulging confidential information of Google India Pvt Ltd to the complainant Alliance Of Digital India Foundation till the next date of hearing.