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Karnataka Court April 2012 Judgments

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Apr 11 2012

Environment Support Group and Others Vs. State of Karnataka, Rep. by I ...

Court: Karnataka

Decided on: Apr-11-2012

(Prayer: THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 4TH RESPONDENT TO IMMEDIATELY TAKE UP THE JOB OF CLEANING THE LAKE AND MAINTAIN THE SAME IN A HEALTHY CONDITION IN TERMS OF THE REQUEST MADE VIDE THE LETTER DT.8.1.2006 AT ANNEXURE E. 1. All these writ petitions involve common question of law and fact. Hence, the above writ petitions have been consolidated for common hearing and passing common order. However, for clear understanding, the facts of each case are setout here under: WP NO.817/2008 2. The State of Karnataka - 1st respondent constituted 2nd respondent - The Lake Development Authority (Hereinafter referred to as ‘LDA’ for short) for proper management and maintenance of the lakes in and around Bangalore City, initially by virtue of notification vide Annexure M. The 1st respondent issued corrigendum dated 30.6.2003 expanding the jurisdiction of the 2nd respondent over lakes situated in Metropolitan Area of Bangalore ...


Apr 10 2012

Smt. PrameelA.V. Wo. MunivenkatappA. Vs. the State of KarnatakA.

Court: Karnataka

Decided on: Apr-10-2012

1. One Smt. Rashmi, wife of accused No.1 Manjunatha and daughter of S. Narayanaswamy died in a suspicious circumstances on 08.02.2012 in her matrimonial home in Srinivasapura. On coming to know of the same, father of the deceased came to the matrimonial home of the deceased, saw the dead body of his daughter lying m the kitchen of the house with a rope around her neck and bleeding injury on the head. Thereafter, he lodged a report to the jurisdictional police alleging that the husband and mother in law of the deceased with the help of this petitioner have committed murder of the deceased and they had also subjected the deceased to cruelty and harassment in connection with the demand for the dowry.2. On the basis of the said complaint, case came to be registered in Crime No.35/ 2012 for the offences punishable under Section 302, 304(B) r/w Section 34 of IPC. This petitioner was arraigned as accused No.3, It was alleged in the complaint that accused No.1 had developed illicit relationshi...


Apr 10 2012

Abdul Rafeek. Son of Sirajuddin. Vs. the State of KarnatakA.

Court: Karnataka

Decided on: Apr-10-2012

1) Apprehending his arrest by the Extension Police. Davangere, in connection with the case registered in Crime No.94/2009 for the offences punishable under Sections 379, 413, 420, 468, 482, 486 r/w. 34 of IPC. The petitioner has preferred this petition seeking relief of anticipatory bail.2) According to the case of the prosecution, Maruthi Esteem Car bearing registration No. KA 17-Z 4884 was stolen in the early hours of 12.05.2009 from near the house of one SMT.B. Ravi, resident of No.3590, 7th Main, MCC 'B' Block, Davangere. In respect of the said incident, the said M.B. Ravi, owner of the car, lodged a report at about 7.30 p.m. on 12.05.2009, based on which, initially the case in Crime No.94/2009 for the offence punishable under Section 379 of IPC came to be registered against the unknown persons and investigation was taken-up.3) One Alim @ Syed Alim. resident of Koolunbe. Bramhavar, Udupi District, was arrested by Doddapet police in connection with the case in Crime No 423/2009 and ...


Apr 10 2012

Smt. Leelavathi, Wife of Sri K. S. Satyamurthy. Vs. Sri. K.S. Ravi, So ...

Court: Karnataka

Decided on: Apr-10-2012

1. In this petition filed under Section 438 Cr.P.C., the petitioner who has been arrayed as accused No. 1 in Crime No. 105/2011 of Thymagondlu Police Station registered for the offences punishable under Sections 324, 498-A, 506 r/w 149 of IPC and Sections 3 and 4 of the D.P. Act, has sought for relief of anticipatory bail, apprehending his arrest by the respondent - police in connection with the aforesaid case.2. The petitioner is the husband of the complainant Smt.Indira. According to the case of the prosecution, the complainant lodged report at about 4 30 p.m. on 22.12.2011 about an incident of assault on her said to have occurred at about 3.00 a.m. on 18.12.2011 in her matrimonial home. According to the allegations made in the complaint, her husband, parents-in-law and other relatives of her husband subjected her to cruelty and harassment by coercing her to bring further dowry of Rs.3 lakhs and also on account of the fact that she had delivered a female child and at about 3.00 a.m. ...


Apr 10 2012

Sri N Ramaiah Son of Late NanjappA. Vs. Sri Kantharaju P S.

Court: Karnataka

Decided on: Apr-10-2012

1. Though the matter is posted for orders on the application for condonation of delay, with consent the matter is taken up for disposal.2. Though there is an inordinate delay of 5826 days in filing this contempt petition as per the office note, we do not find the delay is of any significance, particularly, in the wake of the liberty that had been reserved by this court in terms of the order passed in die earlier round of contempt proceedings.3. Delay in filing the contempt petition is condoned and IA No.1/2012 is allowed.4. Complainant is seeking to revive the earlier contempt proceedings in CCC No.42/1995 which was disposed of on 13.3.1995 as under:ORDERIt is submitted by Sri Bannurmath that soon after the passing of the order dt. 21.9.94 the Land Tribunal was abolished- A new Land.Tribunal has not been reconstituted so far. An undertaking is given that as soon as the Tribunal is re-constituted the order will be complied with within one month thereof. Recording this submission the pet...


Apr 10 2012

Rupesh Gowda, Son of ChennegowdA. Vs. the State of KarnatakA.

Court: Karnataka

Decided on: Apr-10-2012

1) Petitioner is the sole accused in Crime No.8/2012 of Chandrashekarapura Police Station, Tumkur District, registered for the offences punishable under Sections 506, 504, 307 & 324 of IPC.2) The petitioner is alleged to have assaulted the complainant Singrigowda. S/o. Ningegowda, resident of Haranapalya Village, Gubbi Taluk. Turnkur District, at 8.00 am on 20.02.2012 with a chopper on the head and threatened to kill him and also caused him grievous hurt and thereby, attempted to commit murder of the complainant. On the basis of the complaint lodged by the injured Singrigowda on the same day at about 1.00 pm., the aforesaid case came to be registered and investigation was taken-up.3) During investigation, the petitioner was apprehended and later subjected to judicial custody. His application filed before the learned Sessions Judge for bail came to be rejected, therefore, he is before this court seeking the relief of bail.4) The petition is opposed by the Respondent- State.5) I have...


Apr 10 2012

Smt. M. Sarojamma Wo. Muthuswamy. Vs. H. Sathisha Son of HanumanthappA ...

Court: Karnataka

Decided on: Apr-10-2012

1. Though this matter is posted in the orders list, by A consent of learned counsel for the parties, it is taken up for hearing, heard and disposed of by this order.2. This writ petition is directed against the order on I.A. No.26 dated 15.12.2011 passed in O.S. No 45/1998 on the file of the Principal Civil Judge (Sr. Do.) at Shimoga, whereby the Court below has rejected the application tiled by the petitioners-plaintiffs for amendment of the plaint. The petitioners filed the above suit for declaration that they are the absolute owners in possession, cultivation and enjoyment of the suit schedule property on the basis of a Will dated 24.1.1990 said to have been executed by one Sri. Sarangapani, son of Sri. Shankar Naidu @ Changala Naidu. They have also sought for cancellation of the sale deed dated 30.6.1997 executed by Sarangapani in favour of the Is1 respondent-1st defendant in respect of the said property. During the trial, the plaintiffs filed an application LA. No.26 for amendment...


Apr 10 2012

Manchaiah Son of Late Sapnaiana Karagaiah and ors. Vs. the State by My ...

Court: Karnataka

Decided on: Apr-10-2012

1. Petitioner Nos.1 to 4 have been arraigned as accused Nos.1 to 3 and 5 respectively in Crime No.23/2012 of Mysore South Police Station, registered for the offences punishable under Sections 498A, 302 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.2. Petitioner No.1 is the husband, petitioner No.2 is the mother-in-law and petitioner Nos.3 and 4 are the brothers-in-law of the deceased Saritha. The marriage of deceased with petitioner No.1 was solemnized about 4 years prior to 14,01.2012 and from out of the said wedlock deceased had given birth to a girl child aged about three years and a boy aged about one year. According to the caste of the prosecution, the deceased was being subjected to physical and mental cruelty by these petitioners and another by forcing her to bring the dowry from her parental home and in this regard there was a police complaint also.3. it was further alleged that on 14,01,2012, at about 5.00 p.m., mother of the deceased learnt that her daug...


Apr 10 2012

Sri. Donga Rainarji at Ramajuppa, Son of Marappa and ors. Vs. the Stat ...

Court: Karnataka

Decided on: Apr-10-2012

1. Petitioners 1 to 5 have been arrayed as accused Nos,3, 8, 6. 5 and 9 respectively, in Crime No.04/2012 of Thirumani Police Station, Tumkur District, registered for the offences punishable under Sections 143, 147, 148, 149, 324, 506 and 504 of the Indian Penal Code and Section 3(l)(x) of the SC and ST (Prevention of Atrocities) Act, 1989. The petitioners apprehending their arrest in connection with the aforesaid case, sought relief of anticipatory bail before the learned Sessions Judge at Thumkur. However, the said petition came to be rejected. Therefore, the petitioners have presented this petition.2. The petition is opposed by the respondent - State.3. I have heard both sides. Perused the records made available.4. Admittedly the petitioners herein have been accused of committing non-bailable offence. Therefore, their apprehension that they are likely to be arrested is well founded, Reading of the complaint prima facie indicates that the allegations of the offences under Section 3(1...


Apr 10 2012

Sri A. P. Krishna Kumar, Son of Late,A.Parameshwaran. Vs. Sri. M.C.Ram ...

Court: Karnataka

Decided on: Apr-10-2012

1. Heard Sri. S.G. Bhagawan, learned Counsel for the petitioner and Sri.D. Nagaraj, learned Counsel for the respondent.2. The short point for consideration in this case is whether the trial Court could have ordered issuance of summons to the petitioner despite the 'B' report filed being not questioned by the complainant.3. The facts in brief are that the police filed FIR in respect of the incident said to have occurred on 23.05.2010 and accusation being after the inspection of the petitioner's premises namely M/s. T.T.P. Technologist Limited situated at Hirehally village, Urdugere Hobli, Tumkur Taluk and certain information was not furnished by the petitioner and the allegation is that the petitioner abused the Inspector and other officials of the Pollution Control Board. Therefore, a case was registered in respect of the offences punishable under Sections 353 and 504 of IPC. Thereafterwards, the matter was referred to the police and ‘B’ report was Sled by the police. The s...


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