Karnataka Court April 2012 Judgments

Gunashekar at Sunil Son of Raja and anr. Vs. State by Pulakeshinagar P ...

Court: Karnataka

1. Petitioners have been arraigned as accused Nos.2 and 3 in Crime No.59/2012 of Pulakeshinagar Police Station registered for the offence punishable under Sections 307 and 324 r/ w Section 34 of IPC.2. According to the case of the prosecution, one Prem Kumar lodged a complaint at about 9.00 p.m. on 03.03.2012 alleging that at about 5.30 p.m, these two petitioners along with other accused persons came near his house, after picking up quarrel with him and his younger brother Shankar, petitioner No.2 assaulted him(complainant) on the back portion of his head with a brick while petitioner No.1 and another accused held Shankar and yet another accused by name Ratu stabbed Shankar with a knife on the stomach. Immediately, injured-Shankar and complainant went to Bowring Hospital where Shankar was treated as inpatient and the complainant took treatment as outpatient. Later the complainant lodged the complaint, on the basis of which case came to be registered and investigation was taken up. Duri...

Abdul Azeem Vs. State of Karnataka by Its Secretary and Others

Court: Karnataka Dharwad

(Prayer: The petition is filed under Article 226 and 227 of the constitution of India, praying to quash the Endorsement dated 17.11.2011 issued by the second respondent as per Annexure-J as illegal and void and to direct the respondents to consider the case of petitioner for appointing the petitioner to the post of First Divisional Assistant by passing modified order on the basis of the qualification with all consequential service and monetary benefits flowing there from and the Suitable order.) 1. Petitioner herein is impugning the endorsement dated 17.11.2011 issued by second respondent vide Annexure _J. 2. Brief facts leading to this writ petition are as under: Petitioner herein is son of late Mohammad Ismail Yaligar who was working as Chief Officer of Kamalapur, Taluk: Hospet, Bellary District. It is stated that the petitioners father, Mohammad Ismail Yaligar. Died in harness on 10.02.1994. Immediately thereafter the petitioner as legal representative of deceased Mohammad Ismail Ya...

G. Prakash. Vs. State by Malur Police Station and anr.

Court: Karnataka

1. The petitioner is facing trial for an offence punishable under Section 304-A IPC on the allegations of medical negligence. This petition is filed to quash the final report.2. I have heard Sri. H Thimmaraya Swamy, learned Counsel for petitioner and the learned Government Pleader for the State.3. The investigation records, particularly first information and the statements of witnesses would reveal that death of deceased was due to administration of drugs by petitioner. In the Post Mortem Report, it is stated that death is due to shock, as a result of administration of drugs.4. The learned C ours el for petitioner relying on the judgment of the Supreme Court reported in 2009 if the MLR 1 (in the case of Dr.Jacob Mathew vs. State of Punjab & another) would submit that in the case of medical negligence, higher degree of proof hi required for negligence to amount to an offence, the element of measured must be shown to exist. For can act to amount to criminal negligence, the degree of ...

Nagaraja O, Son of Obalaiah. Vs. the State by Lokayuktha Police Shimog ...

Court: Karnataka

1) In this petition filed under Section 439 of Cr.P.C, the petitioner has sought an order to enlarge him on bail in connection with Crime No.4/20I2 registered by the Police Inspector. Karnataka Lokayuktha. Shimoga, for the offences punishable under Sections- 7, 13(l)(d) r/w. 13(2) of the Prevention of Corruption Act. 1988 (for short, 'PC Act).2) According to the case of the prosecution, on the basis of the complaint lodged by one B. Ravi, resident of Shiralkoppa. Shikaripura Taluk in Shimoga District, the aforesaid case was registered and a trap was laid.3) According to the complaint allegations, the petitioner herein demanded bribe of 2,000/- from the complainant for effecting change of katha in respect of certain properties belonged to the family of the complainant and had received a sum of 1,000/- in part payment and on the date of the trap, remaining amount of 1,000/- was -dived by the petition and thereafter. currency notes were recovered from his possession by the raiding party. ...

Nagaraje Gowda, Son of Sidde GowdA. Vs. Nanje Gowda, Son of Javare Gow ...

Court: Karnataka

1. The appellant/plaintiff filed a suit against the respondent/defendant to pass judgment and decree of declaration that he is the owner of the plaint schedule property and for recovering possession of the encroached portion of 35 guntas of land from the defendant. Written statement to the suit having been filed by the defendant, 5 issues were raised for trial and determination by the learned Trial Judge. For the plaintiff, PWs.1 to 3 deposed and Exs.Pl to P5 were marked. A Court Commissioner having been appointed to conduct local inspection and the report having been submitted, Ex.CI was marked. The defendant got himself examined as DW.l and Ex.Dl was marked. The Trial Court answered issue No.1 in this affirmative, issues 2 and 4 in the negative, heid that issue No.3 as not surviving for consideration and as a result, dismissed the suit.2. Aggrieved, the plaintiff filed regular appeal under S.96 r/w 0.41 R.1 CPC. The lower appellate Court having heard the learned counsel on both sides...

Shreyas at Billa Son of Nirmal Kuinar. Vs. State by Magadi Road P.S.,

Court: Karnataka

1. Learned counsel for the petitioners files a memo to the effect that since petitioner Nos.2 and 3 arrayed as accused Nos.2 and 3, have been granted bail by the Trial Court under Section 167(2) of the Code of Criminal Procedure, their prayer for bail in this petition does not survive for consideration.2. The memo is placed on record and in the light of the memo, the petition insofar as it relates to petitioner Nos.2 and 3 is concerned, is dismissed as having become infructous. Therefore, this petition is considered only in relation to petitioner No.1, who is arrayed as accused No.1. The petitioner and others are accused of having committed offences punishable under Sections 398 and 324 of the Indian Penal Code.3. According to the case of the prosecution, at about 07:00 a.m. on 30.01.2012, when the complainant was trying to close the door of the house from inside, about S to 6 persons tried to gain entry into the house by forcibly pushing the door and at the time the husband of the com...

D.N. Krishnappa Son of Late Koracha NarayanappA. Vs. the State of Karn ...

Court: Karnataka

1) Petitioners - 1 to 3 have been arraigned as Accused Nos. 1, 3 & 5 in Crime No. 39/2012 of Gudihande Police Station in Chikkaballapur District, registered for the offences punishable under Sections 143, 448, 323, 436 r/w. 149 of IPC. Apprehending their arrest by the respondent police in connection with the aforesaid case, the petitioners have presented this petition under Section 438 of Cr.P.C. seeking the relief of anticipatory bail, since their prayer for similar relief made before the learned Sessions Judge came to be rejected.2) On the basis of the complaint said to have been lodged by one Adinarayanappa. resident of Dababuru Village, Mandikal Hobli, Chikkaballapur Taluk, at about 4.15 pm on 07.02.2012 in respect of an incident said to have occurred in the midnight of 05.02.2012, the aforesaid case came to be registered by the respondent police. According to the allegations made in the complaint, these petitioners and other accused in the background of the son of the complain...

Sri.Krishna at Krishnamurthy, Son of Late Srinivasamurthy. Vs. State b ...

Court: Karnataka

1. Apprehending his arrest by Beechanahalli Police in Mysore District in connection with case in Crime No.47/11 registered for the offences punishable under Sections 498-A and 306 IPC, the petitioner has presented this petition under Section 438 Cr.P.C. seeking relief of anticipatory bail.2. The petitioner is the husband of deceased Vanajakshi. According to the case of the prosecution, the petitioner being husband of the deceased was subjecting her to cruelty and harassment and he was physically as well as mentally harassing her under intoxication of liquor and unable to bear the same, the deceased in a bid to commit suicide, poured kerosene on herself at about 7.00 p.m. on 15.4.2011 and set herself on fire as a result of which she sustained bum injuries. While she was taking treatment in the hospital, her brother lodged a report based on which initially case came to be registered for the offence under Section 498-A IPC. While she was taking treatment in the hospital, her dying declara...

Mr. D. K. Lakshmikanth Son of Mr.DakappA. Vs. the State of KarnatakA.

Court: Karnataka

1. Apprehending his arrest by Halasuru Gate Women Police Station, Bangalore City in connection with case registered in Crime No. 1/12 for the offences punishable under Sections 498-A and 506 IPC, the petitioner has presented this petition under Section 438 Cr.P.C. seeking the relief of anticipatory bail inter alia contending that he is innocent person and has not committed any of the offences alleged and that the allegations made in the complaint that he has married the complainant is false and there has been no relationship of husband and wife between him and the complainant and since the police have registered the case for non-bailable offences, he is likely to be arrested by the respondent-Police.2. The petition is opposed by the respondent - State.3. I have heard both sides. Perused the records made available.4. According to the prosecution, on the basis of the complaint lodged by one Akshatha, daughter of Sathyamurthy, resident of Kalakere in Thirthahalli Taluk, Shimoga District o...

Managements of Independents Cbse Schools Association Karnataka and Oth ...

Court: Karnataka

Reported in: 2012ILR(Kar)2664

(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the second respondent’s notification dated 16.3.2011 published in the State Gazette vide Annexure - C, and the fifth respondent’s consequential communication dated 13.5.2011 (Amendment) inspn vide Annexure-D and etc.) 1. In all these petitions, the challenge is raised to the State Government’s notification, dated 16.3.2011 issued under Section 1(5) of the Employee’s State Insurance Act, 1948 (‘ESI Act’ for short) extending the operation of the ESI Act to the educational institutions in Karnataka. 2. Sri K.V.Dhananjay, the learned counsel for the petitioners in W.P.No.28326-28328/2011 submits that the State Government has not consulted the Employees State Insurance Corporation (‘ESI Corporation’ for short) and has not taken the prior approval of the Central Government before issuing the impugned notification. He submits th...