Karnataka Court June 2011 Judgments

Bhadre Gowda and Others Vs. the Deputy Commissioner, Mysore District, ...

Court: Karnataka

Reported in: 2012(2)KCCR1529

J.S.Khekar, C.J. (Oral) 1. An extent of 4 acres of land in Sy. No. 85 (Old No. 111) in the revenue estate of Bekya Village in Peryapatna Taluk, Mysore District was granted in favour of Cheluvaiah on 04.06.1955. The “Saguvali Chit” (possession / grant certificate) was issued in favour of Cheluvaiah on 29.06.1955. On 01.10.1962, the original grantee, Cheluvaiah sold the grant land to Narasimachari; Narasimhachari in turn, sold it to Eregowda; and Eregowda, on 22,22,1973 sold the said grant land to Marideve Gowda. 2. The original grantee i.e. Cheluvaiah moved an application before the Assistant Commissioner, Hunsur Sub-Division under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of certain lands) Act, 1978 (hereinafter refereed to as ‘PTCL’ Act) seeking annulment of the grant land sold by him. The Assistant Commissioner, annulment of the grant land sold him. The Assistant Commissioner, accepted the prayer made by Cheluva...

A.M. Sharath Chandra and Others Vs. State of Karnataka, Rep by Its Pri ...

Court: Karnataka

(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India, praying to call for the records and be pleased to issue writ or writs in the nature or certiorari and be pleased to quash, order passed by the R3, in proceedings dt.5.5.07, at Ann-T and official memorandum dt.1.8.07, passed by the R4, at Ann-U and etc., Misc. W. 3212 of 2011 u/s. 151 of CPC R/W. Article 226 of the Constitution of India, praying to grant an interim order directing the parties to maintain the status QO in respect of property bearing SY. No.20/5 measuring 1 Acre situated at ROOPENA AGRAHARA VILLAGE, Begur Hobli, Bangalore South Taluk, in the interest of justice and etc.,.) 1. Manipulation of revenue officials for getting entries in the revenue records mutated in the name of one or the other person, whether by claiming title under a sale deed executed by a person who did not himself have any entries in the revenue records or claiming as legal heir of ancestor in whose name entry sto...

Ningegowda Son of KalegowdA. Vs. State by Konanur Police

Court: Karnataka

ORDER 1. This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.32/2011 of Konanur Police Station, Hassan for the offence punishable under Sections 408 and 409 of Indian Penal Code. 2. I have heard learned Counsel for the petitioner as well as learned High Court Government Pleader for the State. 3. 1 have perused the FIR found in the records. The contents of FIR discloses that Konanur Police Station have registered a case in Cr.No.32/11 against the accused for the offences punishable under Sections 408 and 409 of Indian Penal Code on the complaint of one Lakshminarasaiah, Ex-MLA. 4. It is alleged in the complaint that there is dereliction of duty and misappropriation of funds by the accused. The offence alleged against this petitioner is under Sections 408 and 409 of Indian Penal Code and they are not punishable with death. In this case, accused No.1 have been released on bail. The accusations made again...

B. S. Somashekhar, So Nagappa Shetty. Vs. LahthA. Wo Chengappa

Court: Karnataka

ORDER 1. The revision petitioner suffered a judgment of conviction before the trial court and was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and was sentenced to undergo one year simple imprisonment and to pay a fine of Rs. 12,25,000/-, out of which Rs. 12,15,000/- was ordered to be paid to the complainant and the balance to the State Government. The said judgment of conviction arid sentence was assailed by the petitioner before the lower appellate court in Crl.A.No. 74/2007 and the learned judge of the lower appellate court dismissed the petitioner's appeal by confirming the judgment of the trial court. This, in short, is the background of this revision petition. 2. The case of the respondent-complainant, in short, was that, the revision petitioner borrowed a sum or Rs. 12,00,000/- from her to start a business and the said amount was paid on 11.7.2005 by the complainant mid to discharge the said amount, the revision petitioner issued three...

Ramesha Son of Krishnappa GowdA. Vs. the State of Karnataka

Court: Karnataka

B.V.PINTO, J. 1. This appeal is filed by the accused challenging the judgment dated 30.06.2004 in S.C.No, 157/1997. passed by the Fast Track Court - 1. Shimoga convicting the appellant for the offence under Section 304 Part ll r/w. Section 34 IPC and sentencing him to undergo R.I. for a period of 3 years and to pay fine of Rs.500/- in default of payment of fine, to undergo S,I. for a period of 10 days. 2. The case of the prosecution is that accused Nos.1 to 3 on 06.09.1997 at about 3 p.m. in the land which is situated in survey No.36 of Keregadde Village, Thirthahalli Taluk, while grazing the Oxen in their land, took up a quarrel with CW.2 Shantha when she tried to tether the Oxen away from her land and at that time. The deceased came to the spot and accused Nos. 1 and 2 quarreled with the deceased and dragged him with an intention to assault him. At that time Prakash - the deceased assaulted accused No. 1 with the sickle on the forehead, accused No.3 came to the spot and abetted accus...

R. Thippareddy, Son of RudrappA. Vs. S Yerranna Son of Simpaiah, and o ...

Court: Karnataka

1. Dissatisfied with the quantum of compensation awarded by the Commissioner, the petitioner in the claim petition has filed this appeal. 2. Indisputably, the petitioner was an employee in a tractor-trailer bearing registration No. KA-16-T/3867-68 having been employed by respondent 1, the owner of the said vehicle, which was insured by the 2nd respondent/Insurance Company. An accident occurred on 6.2.2004. The vehicle which was loaded with soil was involved in an accident, which resulted in the appellant sustaining injuries. There was fracture of right tibia arid fibula apart from other injuries. The appellant took treatment at a Government hospital Noticing that there is permanent disability which has reduced his earning capacity, having obtained the opinion of PW.2 Dr.Mithya Naika, who examined the appellant to assess the percentage of disability, the claim petition was filed. The claimant and doctor deposed. There was no evidence on behaK of the respondents. The Commissioner by reck...

B.S.Somashekhar, So Nagappa Shetty Vs. Sri T.B. Chengappa, So Belloyap ...

Court: Karnataka

ORDER 1. This revision petition is by the accused in the trial court and following the trial court convicting him for the offence punishable under Section 138 oft.be Negotiable instruments Act and sentencing him to undergo simple imprisonment for one year and to pay a fine of Rs.4,25,000/ out of which Rs.-1,15,000/- was ordered to be paid to the complainant, and Rs. 10,000/- was ordered to be appropriated to the Government. An appeal was preferred by the revision petitioner- and trie said appeal also came to be dismissed by the lower appellate court in CrLA.No. 75/2007. Hence, this revision petition 1. 2. The facts in short are that the respondent-complainant contended before the trial court In his complaint that the revision petitioner sought loan of Rs.4.00,000/ - to start a business and the complainant gave the same amount, on 30.10.2005 and, in turn, die petitioner issued a post dated cheque drawn on Canara Bank for Rs.4,00,000/- and requested the complainant to present the cheque ...

Venkatesh So Late Neelaiah. Vs. State of Karnataka and ors.

Court: Karnataka

1. Petitioner has sought for direction to respondents 1 to 3 to comply with the report of the Human Riqhts Commission, dated 15.10.2010, vide Annexure-C. He has also sought for a direction to respondent No.3 to hold further investigation if need respondent No.3 to hold further investigation be, and to levy the charge sheet for the offences punishable under Sections 306 and 201 of IPC also. 2. The records reveal that the petitioner's son viz., Bhaskar died while in police custody at Hanumanthanagar Police Station. Complaint is lodged. The police after investigation, have laid the charge sheet against respondents 4 to 6 (police officials) for the offences punishable under Sections 342, 323, 324, 348 r/w. Section 34 of IPC. In the meanwhile, Human Rights Commission also took note of the lock up death and violation of the human right. After holding the enquiry, the commission found that respondents 4 to 6 have committed the offence punishable under Section 306 of IPC. Copy of the report, d...

Nanjundegowda Son of NanjappA. Vs. the State of Karnataka

Court: Karnataka

ORDER 1. This criminal petition is filed under Section 458 of Cr.P.C. by the counsel for the petitioner praying that this Hon'ble Court may be pleased to enlarge the petitioner on bail in the event ol his arrest in Crime No. 119/10 for the offences punishable under Sections 498(A), 114, 307, 506, r/w Section 149 of IPC and Sections 3 and 4 of the D.P. Act. 2. I have heard learned counsel for the petitioner as well as the learned HCGP. Learned HCGP has produced the case diary and I have perused the case dairy. 3. In this case, the investigation is completed and the charge sheet has been filed and the charge sheet discloses that the Ramanagara Police have laid the charge sheet against the accused No.l for the offences punishable under Sections 498(A), 114, 307. 506 r/w Section 149 of IPC and Sections 3 and 4 of D.P. Act. It is alleged in the charge sheet that the accused No.l on 21.6.2010 got married to CW1 Sowmyashree as per the Hindu custom. At the time of marriage, the accused No.l wa...

Shivappa Chandrappa Tallikeri, Son of Chandrappa Tallikeri. Vs. State ...

Court: Karnataka

ORDER 1. Heard learned counsel Sri. Rajenclra Prasad for the petitioner and Smt.Gayathri for the respondent -Lokayuktha in respect of" the petition filed. 2. The petitioner's grievance is that, the trial court dismissed the application filed by him u/s 457 of Cr.P.C. seeking custody of the amount of Rs.G, 13,400/- which was seized by the Lokayuktha police from Locker No.66 of ING Vysya Bank, Gadag in the- course of the investigation into the case involving amassing of wealth disproportionate to the known source of income by the accused S.T.Goudar. The petitioner is said to be the father-in-law of the said accused. 3. The petitioner's counsel submits that the trial court was in error in rejecting the application and as the locker was jointly operated by the petitioner and his son-in-law (accused), the trial court could not have declined to giant the prayer of the petitioner. 4. On the other hand, submission of learned counsel Smt. Gayathri for the respondent No.l -Lokayuktha is that, th...