1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE25H DAY OF JUNE2014BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA CRIMINAL PETITION NO.6264 OF2013C/W CRIMINAL PETITION NO.6107 OF2012CRL.P.NO.6264/2013 BETWEEN:
1. TV-9 KANNADA, (A SUBSIDIARY OF TV-9 KARNATAKA PVT. LTD.,) # 13, RHENIUS STREET, RICHMOND TOWN, BANGALORE - 560 025. REPRESENTED BY ITS CHANNEL HEAD MR.MAHINDRA MISRA.
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4. 5. NEWS9 (A SUBSIDIARY OF TV-9 KARNATAKA PVT. LTD.,) NO.13, RHENIUS STREET, RICHMOND TOWN, BANGALORE – 560 025, REPRESENTED BY ITS CHANNEL HEAD MR.MAHINDRA MISRA. SRI.MAHINDRA MISRA, CHANNEL HEAD, TV-9. SRI.KIRAN, SENIOR REPORTER, TV-9. SRI.RAMESH, REPORTER, TV-9. ... PETITIONERS.
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3. 2 SRI.MANJUNATH, REPORTER, TV-9. SRI.REHMAN, ANCHOR, TV-9. THE PETITIONER’S NO.3 TO7ARE PRESENTLY WORKING AT TV-9, KANNADA NEWS CHANNEL, # 13, RHENIUS STREET, RICHMOND TOWN, BANGALORE – 560 025. (BY SRI.SRIRANGA.S, ADV.) SRI.SHASHIDHAR, S/O VEERAPPA DHEMASHETTI, AGED ABOUT42YEARS, ADVOCATE & PRESIDENT, ADVOCATES BAR ASSOCIATION, GOKAK – 591 307. SRI.RANGANATH, ADVOCATE, AGED ABOUT30YEARS, # 25/1, I FLOOR, 3RD CROSS, 6TH MAIN, GANDHINAGAR, BANGALORE – 560 009. SRI.KOTESHWAR RAO, ADVOCATE, S/O LATE SESHAIAH, AGED ABOUT56YEARS, RESIDING AT # 49 BEECHI NAGAR, KAPPAGAL ROAD, GANDHI NAGAR, BELLARY – 583 103. 3 SRI.MUNNA KUMAR, ADVOCATE, S/O BASSANNA, AGED ABOUT45YEARS, RESIDING AT NO.11-8-182/32, PANCHAMUKHI COLONY, RAICHUR – 584 103. TUMKUR DISTRICT ADVOCATES ASSOCIATION, DISTRICT COURT COMPLEX, TUMKUR, REPRESENTED BY ITS CHIEF SECRETARY, SRI.K.N.BASAVARAJU, ADVOCATE, TUMKUR – 572 101. THE BAR ASSOCIATION (REGD), COURT COMPLEX, CJ AND JMFC KOPPA – 577 126, REPRESENTED BY ITS SECRETARY H.S.ADARSHA. SRI.MADHUKAR ANANT RAIKAR, AGED ABOUT56YEARS, ADVOCATE, ANKOLA TALUK, UTTARA KANNADA DISTRICT, ANKOLA – 581 314. KUNDAPURA BAR ASSOCIATION, KUNDAPURA, REPD. BY ITS GENERAL SECRETARY, BANNADI SOMNATH HEGDE, ADVOCATE, KUNDAPURA, UDUPI DISTRICT – 576 201.
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8. 9. 4 SRI.DAVALASABA, S/O SRI MALIKASABA NADAF, AGED31YEARS, ADVOCATE, GADAG TALUK – 582 101. .. RESPONDENTS. (BY SRI.MANJUNATH B.R, ADV. FOR R-2, SRI.V.SRIPAD, ADV. FOR R-4, SRI.AMAR CORREA, ADV. FOR R-5, R-1, R-3, R-6, R-7, R-8 & R-9 – SERVED) CRL.P.NO.6107/2012: BETWEEN:
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3. TV-9 KANNADA, #13, RHENIUS STREET, RICHMOND TOWN, BANGALORE – 560 025, REPRESENTED BY ITS CHANNEL HEAD, MR.MAHINDRA MISRA. SRI.MAHENDRA MISRA, T.V. – 9, # 13, RHENIUS STREET, RICHMOND TOWN, BANGALORE – 560 025. SRI.LAXMAN HOOGAR, T.V.9 CORRESPONDENT, # 13, RHENIUS STREET, RICHMOND TOWN, BANGALORE – 560 025. .. PETITIONERS.
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1. 5 SRI.RAMESH, REPORTER, T.V.9, # 13, RHENIUS STREET, RICHMOND TOWN, BANGALORE – 560 025. SRI.REHMAN, ANCHOR, T.V.9, # 13, RHENIUS STREET, RICHMOND TOWN, BANGALORE – 560 025. (BY SRI.SRIRANGA.S, FOR JUST LAW, ADVS.) SHRI.SHRINIVAS, ADVOCATE, S/O VITHAL KONDAGULI, AGED ABOUT32YEARS, R/O # 63, MANIKYA NILAYA, JAI SANTOSHI MATA TEMPLE ROAD, JALAHAGAR, BIJAPUR.
2. MURIGAPPA SHIVARUDRAPPA BELLADA, ADVOCATE, AGED ABOUT40YEARS, 4TH MAIN, 4TH CROSS, UMASHANKAR NAGAR, RANEBENNUR. 3.
4. SOLOMON ALFERD KATTIMANE, ADVOCATE, AGED ABOUT39YEARS, SHAHAPUR, TALUK-SHAHAPUR, DIST : GULBARGA. SRI.LAKSHMIKANTHA S.P, ADVOCATE, AGED ABOUT28YEARS, # 43, 3RD CROSS, 6 5.
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8. 9. LINK ROAD, MALLESHWARAM, BANGALORE – 560 003. SRI.PURUSHOTHAMA M.S, ADVOCATE, AGED ABOUT30YEARS, # 105, 2ND FLOOR, 9TH MAIN, HANUMANTHAPPA BUILDING, RAJAJINAGAR, BANGALORE – 560 010. SRI.SHARNESHA S.V., ADVOCATE, AGED ABOUT24YEARS, # H.42, 6TH CROSS, 2ND MAIN, L.N.PURAM, NAGAPPA BLOCK, BANGALORE – 560 003. SRI.PRADEEP.L, ADVOCATE, AGED ABOUT29YEARS, # H42 6TH CROSS, 2ND MAIN, L.N.PURAM, NAGAPPA BLOCK, BANGALORE – 560 003. SRI.PRADEEP B.E., ADVOCATE, AGED ABOUT27YEARS, # H42 6TH CROSS, 2ND MAIN, L.N.PURAM, NAGAPPA BLOCK, BANGALOR – 560 003. SRI.DERICK ANIL.A, ADVOCATE, # 43, 3RD CROSS, LINK ROAD, MALLESHWARAM, BANGALORE – 560 003. 7 10. SRI.PRAKASH SHETTY, ADVOCATE, S/O LATE K.MAHABALA SHETTY, AGED ABOUT36YEARS, # 23, AMAR TOWER, 1ST CROSS, GANDHINAGAR, BANGALORE.
11. SRI.RAJINIKANTH L.S, ADVOCATE, S/O LATE SONNAPPA, AGED ABOUT30YEARS, # 509, 3RD FLOOR, PRABATH COMPLEX, K.G.ROAD, BANGALORE – 560 009.
12. SMT.VEENA.M, ADVOCATE, W/O HARISH KUMAR, AGED ABOUT29YEARS, # 122, 3RD FLOOR, MAHESH MARKET, BESIDES UDUPI KRISHNA BHAVAN, BALEPET, BANGALORE – 560 078. .. RESPONDENTS. (BY SRI.L.SRINIVAS BABU, ADV. FOR R-3, SRI.J.D.KASHINATH, ADV. FOR R-4 TO R-9, SRI.RAVI L.VAIDYA, ADV. FOR R-10, SRI.SRIKANTH.B, ADV. FOR R-11, R-1, R-2 & R-12 – SERVED) *-*-*-*-*-*-*-* 8 AND BANGALORE, JMFC, GOKAK, C.C.NO.14064/12 CRL.P.NO.6264/2013 IS FILED UNDER SECTION482OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO TRANSFER CRL.C.NO.945/12 (PC NO.45/2012) PENDING BEFORE THE PRL.C.J.
(PC NO.6073/2012) PENDING BEFORE THE COURT OF IX ADDL.C.M.M., C.C.NO.1243/2012 (P.C.NO.34/2012) PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC, BELLARY, (P.C.NO.58/2012) PENDING BEFORE THE PRINCIPAL JMFC, II COURT AT RAICHUR, C.C.NO.2852/2012 (PC NO.90/2012) PENDING BEFORE THE II ADDITIONAL CIVIL JUDGE (JR.DN.) AND III JMFC, TUMKUR, C.C.NO.466/2012 (P.C.NO.60/2012) PENDING BEFORE THE CIVIL JUDGE AND JMFC, KOPPA, C.C.NO.504/2012 (PC NO.22/2012) PENDING BEFORE THE JMFC, ANKOLA, C.C.NO.1378/2012 (P.C.NO.99/2012) PENDING BEFORE THE ADDITIONAL CIVIL JUDGE AND JMFC, KUNDAPURA AND C.C.NO.845/2012 (PC NO.37/2012) PENDING BEFORE THE I ADDITIONAL CIVIL JUDGE. AND JMFC I COURT, GADAG, TO ANY ONE DESIGNATED MAGISTRATE COURT WITHIN KARNATAKA. FURTHER C.C.NO.360/2012 CRL.P.NO.6107/2012 IS FILED UNDER SECTION482OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO TRANSFER THE CRIMINAL COMPLAINT NO.560/2012 (P.C.NO.89/2012) PENDING BEFORE THE COURT OF PRINCIPAL CIVIL JUDGE, BIJAPUR (P.C.NO.36/2012) PENDING BEFORE THE II ADDITIONAL JMFC, RANEBENNUR, C.C.NO.50/2012 PENDING BEFORE THE CIVIL JUDGE (JR.DN.) & JMFC, SHAHAPUR, CRIMINAL CASE No.14253/2012, C.C.NO.14255/2012, C.C.NO.14264/2012, C.C.NO.14272/2012, C.C.NO.14273/2012 AND C.C.NO.14274/2012 BEFORE VII ADDITIONAL CMM, BANGALORE AND CRIMINAL CASE NOS.8401/2012 (P.C. NO.4826/2012), C.C.NO.8403/2012 (P.C.NO.4881/2012) AND C.C.NO.8406/2012 (P.C.NO.4915/2012) BEFORE IX ADDITIONAL CMM, BANGALORE, TO ANY ONE DESIGNATED MAGISTRATE COURT WITHIN KARNATAKA. THESE PETITIONS COMING ON FOR ORDER
S THIS DAY, THE COURT MADE THE FOLLOWING:
9. ORDER
Petitioner Nos.1 to 7 in Crl.P.No.6264/2013 and petitioner Nos.1 to 5 in Crl.P.No.6107/2012 have come up in these two petitions seeking transfer of criminal cases and private complaint pending in C.C.No.945/2012 pending on the file of JMFC Court, Gokak, C.C.No.14064/2012 pending on the file of IX ACCM Court, Bangalore, C.C.No.1243/2012 pending on the file of JMFC Court, Bellary, P.C.No.58/2012 pending on the file of JMFC II Court, Raichur, C.C.No.2852/2012 pending on the file of III JMFC Court, Tumkur, C.C.No.466/2012 pending on the file of JMFC Court, Koppa, C.C.No.504/2012 pending on the file of JMFC Court, Ankola, C.C.No.1378/2012 pending on the file of JMFC Court, Kundapura and C.C.No.845/2012 pending on the file of JMFC I Court, Gadag (pertaining to Criminal Petition No.6264/2013) and C.C.No.560/2012 pending on the file of JMFC Court, Bijapur, C.C.No.360/2012 pending on the file of II Additional JMFC Court, Ranebennur, C.C.No.50/2012 pending on the file of JMFC Court, Shahapur, C.C.Nos.14253/2012, 14255/2012, 14264/2012, 10 14272/2012 to 14274/2012 pending on the file of VII ACMM Court, Bangalore, C.C.Nos.8401/2012, 8403/2012 and 8406/2012 pending on the file of IX ACMM Court, Bangalore (pertaining to Criminal Petition No.6107/2012), to any other designated Magistrate Court in the State of Karnataka, on the ground that the petitioners are not getting any legal assistance in all these Taluka places and District Headquarters, where the cases are pending; that there is resistance from the Local Bar to the petitioners in conducting their cases.
2. In these proceedings respondents are complainants in the aforesaid criminal complaints and as well as private complaint pending in various Courts of Judicial Magistrate First Class in Karnataka. Infact, all these proceedings are initiated based on the complaints with reference to an incident which is said to have taken place on 02.03.2012 when a former Minister in the cabinet of Karnataka Assembly was scheduled to be produced in City Civil Court, Bangalore, which is said to have resulted in commotion and unruly situation depicting the advocates in bad light, which is 11 broadcasted by a TV channel, first petitioner, by its staff and others, who are petitioner Nos.2 to 7 in Crl.P.No.6264/2013 and petitioner Nos.2 to 5 in Crl.P.No.6107/2012. These batch of petitions are by visual medias, whereas with reference to similar incident, one more petition was filed in Crl.P.No.10/2013, which was by the Editor and Publisher of a leading Newspaper in the State of Karnataka. The aforesaid criminal petition was filed by the Editor and Publisher of a Newspaper seeking transfer of a criminal complaint, which was pending on the file of JMFC Court, Periyapatna, to any other Court of Metropolitan Magistrate at Bangalore.
3. In Crl.P.No.10/2013, two rulings of the Apex Court were produced and relied upon to seek transfer under Section 407 of Cr.P.C. This Court by a detailed order dated 03.03.2014 dismissed the said petition on the ground that the petitioners have not made out any ground for transfer of the petition from the Court of JMFC, Periyapatna to any of the Magistrate Court at Bangalore. Subsequently, another petition in Crl.P.No.5582/2013 was filed by Publisher and Editor of a Newspaper, which is said to have published certain articles 12 with reference to the very same incident again depicting the advocates in bad light, also sought transfer of the criminal petition filed against them before the Court of III JMFC, Tumkur, to any of Metropolitan Magistrate Court at Bangalore, which also came to be dismissed on 11.06.2014 on the same line on which Crl.P.No.10/2013 was dismissed. Subsequently these two petitions which are filed seeking transfer of the aforesaid criminal cases and as well as private complaint, have come up for admission.
4. Heard the counsel for the petitioners and as well as contesting respondents, who are complainants in criminal cases referred to supra. After hearing both the parties, the facts and grounds being same as in the case of Criminal Petition Nos.10/2013 and as well as 5582/2013, these two petitions are dismissed for the very same reason assigned in Criminal Petition No.10/2013 by the order of this Court dated 03.03.2014. AGV. Sd/- JUDGE.