Karnataka High Court Weekly Round-Up: May 30 To June 5, 2022

Sangeeta Gadagin v. State Of Karnataka, & C/W Matters, 2022 LiveLaw (Kar) 175

Vikram Vincent v. State of Karnataka, 2022 LiveLaw (Kar) 176

Prakash Sharma S/O Mehdi Sharma v. State By Marathahalli Police Station, 2022 LiveLaw (Kar) 177

SATHISH K and others v State of Karnataka, 2022 LiveLaw (Kar) 178

The Bangalore Development Authority and Others v. The Principal Secretary, Revenue Department and others, 2022 LiveLaw (Kar) 179

G.H.Abdul Kadri v. Mohammed Iqbal, 2022 LiveLaw (Kar) 180

B.A.HARISH GOWDA v. RAVI KUMAR, 2022 LiveLaw (Kar) 181

SRIKANTAIAH v STATE BY ANTI CORRUPTION BUREAU and ANR, 2022 LiveLaw (Kar) 182

ITI Limited versus Alphion Corporation & Anr, 2022 LiveLaw (Kar) 183

DR. K.RAVINDRANATH SHETTY & others v STATE OF KARNATAKA & others, 2022 LiveLaw (Kar) 184

BOPPANDA N. KUSHALAPPA v. BALEYADA K. CHERAMANNA and Others, 2022 LiveLaw (Kar) 185

Dr Yasin Khan v. State of Karnataka and Others, 2022 LiveLaw (Kar) 186

BHIMAPPA JANTAKAL @ BHIMANNA & others v State of Karnataka and ANR, 2022 LiveLaw (Kar) 187

SRINIVASA and ANR v STATE BY BEECHANALLI POLICE STATION, 2022 LiveLaw (Kar) 188

The Vice Chairman Settlement Commission & Anr. versus M/s Zyeta Interiors Pvt. Ltd & Anr, 2022 LiveLaw (Kar) 189

Judgments/ Orders/Reports

1. Right To Nutritious Food Under Article 21: Karnataka High Court Directs State Govt To Forthwith Implement ICDS Scheme

Case Title: Sangeeta Gadagin v. State Of Karnataka, & C/W Matters Case No: WP 3522/2022

Citation: 2022 LiveLaw (Kar) 175

The Karnataka High Court has directed the State Government to forthwith take necessary steps to implement the Integrated Child Development Services Scheme (ICDS Scheme) in the state. Otherwise, the Court observed that the fundamental right to nutritious food of 50 lakhs beneficiaries in Karnataka, particularly of pregnant women, lactating mothers and children, stand violated.

2. Karnataka HC Directs Police To Investigate Allegations Of Unnatural Sex Leveled Against IIT'ian Husband By Wife Also Pursuing Doctorate At IIT

Case Title: Vikram Vincent v. State of Karnataka

Citation: 2022 LiveLaw (Kar) 176

The Karnataka High Court has directed the police to investigate alleged charges of performing unnatural sex, levelled against a husband by his estranged wife.

3. 'No Specific Allegation': Karnataka High Court Grants Bail To Receptionist Of Hotel Being Used As Brothel

Case Title: Prakash Sharma S/O Mehdi Sharma v. State By Marathahalli Police Station Case No: CRIMINAL PETITION NO.4281 OF 2022

Citation: 2022 LiveLaw (Kar) 177

The Karnataka High Court has granted bail to an accused who was working as a receptionist at a hotel which was allegedly being used as a brothel.

4. Criminal Proceedings For Offence Of Rape Can Be Closed On Account Of Settlement Between Parties: Karnataka High Court

Case Title: SATHISH K and others v State of Karnataka Case No: CRIMINAL PETITION No.4172 OF 2022

Citation: 2022 LiveLaw (Kar) 178

The Karnataka High Court recently held that closure of proceedings on account of settlement arrived at between the parties even for offence of Rape, punishable under Section 376 of the IPC, is permissible. Observing thus, it quashed the proceedings pending against four persons on the complaint made by a woman belonging to the same family.

5. Res Judicata: Son Bound By Judicial Proceedings Initiated By Father With Respect To Immovable Property, Rules Karnataka High Court

Case Title: The Bangalore Development Authority and Others v. The Principal Secretary, Revenue Department and others

Citation: 2022 LiveLaw (Kar) 179

The Karnataka High Court has said that proceedings initiated by a father in respect of a claim of title over a property which is decided by the court will bind the son also. He cannot be permitted to agitate for the same cause, following the principle of res-judicata.

6. Criminal Trial Can't Proceed Ex-Parte, Evidence Can't Be Received In Absence Of Accused Except U/S 299 CrPC: Karnataka High Court

Case Title: G.H.Abdul Kadri v. Mohammed Iqbal  Case No: Crl.RP.No.1323/2019

Citation; 2022 LiveLaw (Kar) 180

The Karnataka High Court has said that a criminal trial cannot be held in the absence of an accused unless personal appearance is dispensed with for valid reasons. There cannot be dispensation of examination of an accused under section 313 Criminal Procedure Code (Cr.P.C) if incriminating evidence appears in the evidence of the witness.

7. Karnataka High Court Suggests Centre To Amend S.372 CrPC To Allow Victims To File Appeal Seeking Enhancement Of Sentence Of Convicts

Case Title: B.A.HARISH GOWDA v. RAVI KUMAR   Case No: CRIMINAL REVISION PETITION NO.175/2021

Citation: 2022 LiveLaw (Kar) 181

The Karnataka High Court has suggested that the Central Government make necessary amendments to Section 372 of the Criminal Procedure Code, in order to provide an opportunity to victims to approach the Court in appeal seeking enhancement of sentence imposed on a convict.

8. Second Quashing Petition U/S 482 CrPC Maintainable But Only In Exceptional Cases Where There Are Changed Circumstances: Karnataka High Court

Case Title: SRIKANTAIAH v STATE BY ANTI CORRUPTION BUREAU and ANR   Case no: WRIT PETITION No.12/2022.

Citation: 2022 LiveLaw (Kar) 182

The Karnataka High Court has said that a second petition under section 482 of the Criminal Procedure Code (CrPC) for quashing the criminal proceedings will be maintainable but only in exceptional cases where there are changed circumstances.

9. High Courts Without Original Civil Jurisdiction Require Commercial Division For International Arbitration: Karnataka High Court

Case Title: ITI Limited versus Alphion Corporation & Anr.

Citation: 2022 LiveLaw (Kar) 183

The Karnataka High Court has ruled that even with respect to a High Court that does not exercise an Ordinary Original Civil Jurisdiction, a Commercial Division is required to be established for the purpose of considering applications and appeals arising out of an International Commercial Arbitration. The Court added that the said Commercial Division must comprise of a Single Judge.

10. Order Of Land Tribunal Granting Occupancy Rights To Tenant Not Sustainable If Legal Heirs Of Deceased Owner Not Made Party: Karnataka High Court

Case Title: DR. K.RAVINDRANATH SHETTY & others v STATE OF KARNATAKA & others     Case No: W.P.No.21453/2009

Citation: 2022 LiveLaw (Kar) 184

The Karnataka High Court has set aside an order of the Land Tribunal conferring occupancy rights in respect of a land in favour of the tenant, on the ground that all the legal heirs of the deceased owner were not arrayed as parties to the proceedings and their right to oppose was snatched away.

11. Senior Civil Judges Have No Probate Jurisdiction; Only District Judges Can Probate Wills : Karnataka High Court Clarifies

Case Title: BOPPANDA N. KUSHALAPPA v. BALEYADA K. CHERAMANNA and Others     Case No: C.R.C No.1 OF 2019

Citation: 2022 LiveLaw (Kar) 185

The Karnataka High Court recently clarified that the notification issued by the High Court in the year 1979, has limited scope and invests the power in Senior Civil Judges only for issuance of Succession Certificates under Part-X of the Indian Succession Act and not for Probate.

12. Doctrine Of Proportionality | Constitutional Courts Cannot Be Disproportionately Harsh To Arguable Guilts Of Litigants: Karnataka High Court

Case Title: Dr Yasin Khan v. State of Karnataka and Others   Case No: WA NO. 100292/2021

Citation: 2022 LiveLaw (Kar) 186

The Karnataka High Court has observed that Constitutional Courts cannot be disproportionately harsh to the arguable guilt of the litigants.

13. SC/ST Act Can't Be Invoked Merely Because Victim's Mother Belongs To Scheduled Caste: Karnataka HC

Case Title: BHIMAPPA JANTAKAL @ BHIMANNA & others v State of Karnataka and ANR   Case No: CRIMINAL PETITION No.101825 OF 2019

Citation: 2022 LiveLaw (Kar) 187

The Karnataka High Court has held that a person, whose one parent belongs to the scheduled caste community and another parent to forward caste, will have to in his complaint under the Schedule Caste & Scheduled Tribes (Prevention Of Atrocities) Act, 1989, specifically plead that he belongs to the schedule caste.

14. Elephant Dies Of Electrocution: Karnataka High Court Upholds Conviction Of Two Who Set Up "Electric Fence" Around Agricultural Land

Case Title: SRINIVASA and ANR v STATE BY BEECHANALLI POLICE STATION.     Case No: CRIMINAL APPEAL No.716 OF 2011

Citation: 2022 LiveLaw (Kar) 188

Almost 14 years after an Elephant died due to electrocution, the Karnataka High Court has upheld the conviction handed down to two persons who put up electric fencing around their agricultural land which led to the elephant's death.

A single judge bench of Justice Mohammad Nawaz upheld the conviction handed down to the accused Srinivasa and Basavaraju under Sections 138(1)(a) of the Electricity Act 2003 and Section 429 of IPC. However, the Court set aside the conviction and sentence under Section 9 r/w Section 51 of the Wild Life Protection Act.

15. Just Because The Ratio For Payment Of Service Tax Not Adhered To, Assessee Not Liable To Pay Double Tax As Penalty: Karnataka High Court

Case Title: The Vice Chairman Settlement Commission & Anr. versus M/s Zyeta Interiors Pvt. Ltd & Anr.

Citation: 2022 LiveLaw (Kar) 189

The Karnataka High Court has ruled that merely because the ratio in which service tax was required to be paid by the service recipient and the service provider was not strictly adhered to, the assessee cannot be made liable to pay double tax by denying him the CENVAT Credit.

Other reports:

1. Gauri Lankesh Murder Trial: Bengaluru Court To Conduct Day To Day Hearing For A Week Every Month, First Session From July 4

Case Title: Raja Rajeshwari Nagara PS Versus Amola Khale

Case No: SPL.C 872/2018

A special court hearing the alleged murder case of journalist Gauri Lankesh has said that it would hear the case on a day to day basis for a week every month as per the convenience of the parties. The next session of the trial would be between 4th to 8th of July 2022.