Court : Karnataka
Decided on : Jun-14-2021
R1IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF JUNE, 2021 BEFORE THE HONBLE MR.JUSTICE K.SOMASHEKAR CRIMINAL APPEAL No.394 OF2021CONNECTED WITH CRIMINAL APPEAL No.325 OF2021IN CRIMINAL APPEAL NO.394/2021 BETWEEN:1. Nagraj S/o. Timmappa Aged about 49 years Occ: Head Constable 50 Mayakonda Police Station R/o behind Durgambika Temple A.K. Colony, Doddabathi Village Davanagere Taluk 577001.2. Sher Ali S/o. Md Hayathsab Aged about 41 years Occ: Head Constable 236 Mayakonda Police Station R/o Basaeshwara Extension Malebennur Village, Harihara Davanagere Taluk 577005. ...Appellants (By Sri. Shankarappa S - Advocate) 2 AND:1. State of Karnataka By Mayakonda Police Station Rep. by SPP High Court complex Bangalore 560 001.2. Vrundamma W/o. Marulusidappa Aged about 43 years House Wife R/at Vittalapura Village Davanagere Taluk Pin Code:577514. ...Respondents (By Sri. Thejesh .P, HCGP for R-1; Notice to R-2 held sufficient vide court order dated 04.06.2021) This Criminal ...
Tag this Judgment!Court : Karnataka
Decided on : Jun-14-2021
R1IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF JUNE, 2021 BEFORE THE HONBLE MR.JUSTICE K.SOMASHEKAR CRIMINAL APPEAL No.394 OF2021CONNECTED WITH CRIMINAL APPEAL No.325 OF2021IN CRIMINAL APPEAL NO.394/2021 BETWEEN:1. Nagraj S/o. Timmappa Aged about 49 years Occ: Head Constable 50 Mayakonda Police Station R/o behind Durgambika Temple A.K. Colony, Doddabathi Village Davanagere Taluk 577001.2. Sher Ali S/o. Md Hayathsab Aged about 41 years Occ: Head Constable 236 Mayakonda Police Station R/o Basaeshwara Extension Malebennur Village, Harihara Davanagere Taluk 577005. ...Appellants (By Sri. Shankarappa S - Advocate) 2 AND:1. State of Karnataka By Mayakonda Police Station Rep. by SPP High Court complex Bangalore 560 001.2. Vrundamma W/o. Marulusidappa Aged about 43 years House Wife R/at Vittalapura Village Davanagere Taluk Pin Code:577514. ...Respondents (By Sri. Thejesh .P, HCGP for R-1; Notice to R-2 held sufficient vide court order dated 04.06.2021) This Criminal ...
Tag this Judgment!Court : Karnataka
Decided on : Jul-23-2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF JULY, 2021 BEFORE THE HONBLE Dr. JUSTICE H.B. PRABHAKARA SASTRY CRIMINAL REVISION PETITION No.69 OF2017C/w CRIMINAL REVISION PETITION No.70/2017, CRIMINAL REVISION PETITION No.76/2017. CRIMINAL REVISION PETITION No.96/2017, CRIMINAL REVISION PETITION No.97/2017, CRIMINAL REVISION PETITION No.98/2017, CRIMINAL REVISION PETITION No.105/2017, CRIMINAL REVISION PETITION No.106/2017, CRIMINAL REVISION PETITION No.107/2017, CRIMINAL REVISION PETITION No.110/2017, CRIMINAL REVISION PETITION No.111/2017, & CRIMINAL REVISION PETITION No.112/2017 In Crl.R.P.No.69/2017 BETWEEN: Sri. D. Srinivasa Rao Aged about 76 years, S/o. Late Laxminarayan Rao, R/o Quarters No.30/A T.S.W. Colony, Harige, Shivamogga-577 201 Presently residing at Retired employee Yelahanka, Bengaluru-560 022. ..Petitioner (By Sri. Nataraja Ballal, Advocate) AND: State by Enforcement Officer Employees Provident Funds, 1st Cross, Garden Area, Shivamogga Division...
Tag this Judgment!Court : Karnataka
Decided on : Oct-16-2021
..... basis, the high court affirmed the death penalty awarded to the accused. 149.. on careful perusal of the said judgment, it clearly depicts that though reference was made to section 173(8) of the code of criminal procedure, the hon ble supreme court proceeded to consider the powers of the magistrate after the final report submitted. with ..... investigation entrusted to it by the state government. the said process is uninhibited by the high prerogative judicial powers of entrustment of inquiry to cbi. the same is independent and does not have any fetters with regard to whether extraordinary judicial powers ..... 1 had entered into a conspiracy with accused nos.2 to 6 and on 15.6.2016, with a premeditated intention to kill the deceased, had alongwith accused nos.2 to 6 assaulted the deceased near the gym and caused the death of the deceased.6 ..... before the basic structure doctrine came to be propounded in the celebrated case of kesavananda bharati v. state of kerala [(1973) 4 scc225 , wherein while finding certain basic features of the constitution, it was opined that separation of powers is ..... criminal) 1348/2020.120. at this stage, it is relevant to state that petitioners filed these writ petitions challenging the government order dated 6.9.2019, in terms of which case relating to the murder of one yogesh gowda, member of dharwad zilla panchayat was made over by the state government to the cbi. while issuing notice in said writ petition, the learned single judge of this court by the order 176 .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-16-2021
..... basis, the high court affirmed the death penalty awarded to the accused. 149.. on careful perusal of the said judgment, it clearly depicts that though reference was made to section 173(8) of the code of criminal procedure, the hon ble supreme court proceeded to consider the powers of the magistrate after the final report submitted. with ..... investigation entrusted to it by the state government. the said process is uninhibited by the high prerogative judicial powers of entrustment of inquiry to cbi. the same is independent and does not have any fetters with regard to whether extraordinary judicial powers ..... 1 had entered into a conspiracy with accused nos.2 to 6 and on 15.6.2016, with a premeditated intention to kill the deceased, had alongwith accused nos.2 to 6 assaulted the deceased near the gym and caused the death of the deceased.6 ..... before the basic structure doctrine came to be propounded in the celebrated case of kesavananda bharati v. state of kerala [(1973) 4 scc225 , wherein while finding certain basic features of the constitution, it was opined that separation of powers is ..... criminal) 1348/2020.120. at this stage, it is relevant to state that petitioners filed these writ petitions challenging the government order dated 6.9.2019, in terms of which case relating to the murder of one yogesh gowda, member of dharwad zilla panchayat was made over by the state government to the cbi. while issuing notice in said writ petition, the learned single judge of this court by the order 176 .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-16-2021
..... basis, the high court affirmed the death penalty awarded to the accused. 149.. on careful perusal of the said judgment, it clearly depicts that though reference was made to section 173(8) of the code of criminal procedure, the hon ble supreme court proceeded to consider the powers of the magistrate after the final report submitted. with ..... investigation entrusted to it by the state government. the said process is uninhibited by the high prerogative judicial powers of entrustment of inquiry to cbi. the same is independent and does not have any fetters with regard to whether extraordinary judicial powers ..... 1 had entered into a conspiracy with accused nos.2 to 6 and on 15.6.2016, with a premeditated intention to kill the deceased, had alongwith accused nos.2 to 6 assaulted the deceased near the gym and caused the death of the deceased.6 ..... before the basic structure doctrine came to be propounded in the celebrated case of kesavananda bharati v. state of kerala [(1973) 4 scc225 , wherein while finding certain basic features of the constitution, it was opined that separation of powers is ..... criminal) 1348/2020.120. at this stage, it is relevant to state that petitioners filed these writ petitions challenging the government order dated 6.9.2019, in terms of which case relating to the murder of one yogesh gowda, member of dharwad zilla panchayat was made over by the state government to the cbi. while issuing notice in said writ petition, the learned single judge of this court by the order 176 .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-16-2021
..... basis, the high court affirmed the death penalty awarded to the accused. 149.. on careful perusal of the said judgment, it clearly depicts that though reference was made to section 173(8) of the code of criminal procedure, the hon ble supreme court proceeded to consider the powers of the magistrate after the final report submitted. with ..... investigation entrusted to it by the state government. the said process is uninhibited by the high prerogative judicial powers of entrustment of inquiry to cbi. the same is independent and does not have any fetters with regard to whether extraordinary judicial powers ..... 1 had entered into a conspiracy with accused nos.2 to 6 and on 15.6.2016, with a premeditated intention to kill the deceased, had alongwith accused nos.2 to 6 assaulted the deceased near the gym and caused the death of the deceased.6 ..... before the basic structure doctrine came to be propounded in the celebrated case of kesavananda bharati v. state of kerala [(1973) 4 scc225 , wherein while finding certain basic features of the constitution, it was opined that separation of powers is ..... criminal) 1348/2020.120. at this stage, it is relevant to state that petitioners filed these writ petitions challenging the government order dated 6.9.2019, in terms of which case relating to the murder of one yogesh gowda, member of dharwad zilla panchayat was made over by the state government to the cbi. while issuing notice in said writ petition, the learned single judge of this court by the order 176 .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-16-2021
..... basis, the high court affirmed the death penalty awarded to the accused. 149.. on careful perusal of the said judgment, it clearly depicts that though reference was made to section 173(8) of the code of criminal procedure, the hon ble supreme court proceeded to consider the powers of the magistrate after the final report submitted. with ..... investigation entrusted to it by the state government. the said process is uninhibited by the high prerogative judicial powers of entrustment of inquiry to cbi. the same is independent and does not have any fetters with regard to whether extraordinary judicial powers ..... 1 had entered into a conspiracy with accused nos.2 to 6 and on 15.6.2016, with a premeditated intention to kill the deceased, had alongwith accused nos.2 to 6 assaulted the deceased near the gym and caused the death of the deceased.6 ..... before the basic structure doctrine came to be propounded in the celebrated case of kesavananda bharati v. state of kerala [(1973) 4 scc225 , wherein while finding certain basic features of the constitution, it was opined that separation of powers is ..... criminal) 1348/2020.120. at this stage, it is relevant to state that petitioners filed these writ petitions challenging the government order dated 6.9.2019, in terms of which case relating to the murder of one yogesh gowda, member of dharwad zilla panchayat was made over by the state government to the cbi. while issuing notice in said writ petition, the learned single judge of this court by the order 176 .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-07-2021
..... section 190(1)(b) of the code of criminal procedure comes into picture, under the provisions of section 461(k) of the code of criminal procedure, if the magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 190, the proceedings shall be void. the learned senior counsel further referred to the provisions of sections 102 and 149 of the code of criminal procedure of chapter xi and relying upon the provisions of section 32 of the code of criminal procedure contended that sub-section ..... 6 inches; both eyes closed; black mix white hairs present; the opinion with regard cause of death was due to pressure over the neck structures, secondary to ligature strangulation. he would further contend that p ..... vidhana soudha, bangalore, dated0805.2002 notification in exercise of the powers conferred by clause (s) of section 2 of the code of criminal procedure, 1973 (central act 2 of 1974) and in suppression of all the notifications issued in this behalf, the government of ..... 176 articles 21, 22 and 39a of the constitution of india and sections 313, 303 and 304 of the code of criminal procedure.97. in view of the opinion expressed by us while answering point nos.1 and 2, question of answering point no.3, in the present criminal ..... summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-05-2021
R :1. : IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE5H DAY OF FEBRUARY, 2021 BEFORE THE HONBLE MR.JUSTICE K.SOMASHEKAR CRIMINAL PETITION No.9421 OF2017BETWEEN Samaja Parivarthana Samudhaya Asha Deep Jayanagar Cross, Sapthapur Dharwad 580001 Rep. by its Honorary Executive Director Sri. S.R. Hiremath. ... Petitioner (By Sri. K. B.Monesh Kumar, Advocate for Sri N. I. Gnanesh - Advocate) AND1 Central Bureau of Investigation Anti Corruption Branch No.36, Ballari Road Bengaluru 560 032.2. Smt. G Lakshmi Aruna W/o Sri Gali Janardhana Reddy Major by age R/at Ganesh Nagar, Kuratti Siraguppa Road, Bellari. ... Respondents (By Sri. P.Prasanna Kumar, Spl. PP for R-1; Sri. Sandesh J Chouta Sr. Counsel for Sri. R.P. Chandrashekara Advocate for R-2) :2. : This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, praying to set aside the order dated 08.10.2015 passed by the XLVI Addl. City Civil and Sessions Judge and Special Judge for CBI cases, Bangalore ...
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