Court : Karnataka
Decided on : Jul-18-2023
R1IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF JULY, 2023 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE RAJESH RAI K CRIMINAL APPEAL No.1234 OF2017C/W CRIMINAL APPEAL No.836 OF2017IN CRL.A.NO.1234 OF2017BETWEEN HARISH, S/O DODDEGOWDA, AGED ABOUT37YEARS, RESIDENT OF DYAVAPANAHALLI VILLAGE, HALEBEEDU HOBLI, BELUR TALUK-573 115, HASSAN DISTRICT. ...APPELLANT (BY SRI. VEERANNA G. TIGADI, ADVOCATE) AND STATE OF KARNATAKA, BY HALEBEDU POLICE STATION, HALEBEEDU HOBLI, 2 BELUR TALUK-573 115 HASSAN DISTRICT. RESPONDENT (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP) THIS CRL.A. IS FILED U/S.374(2) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED2504.2017 AND ORDER DATED274.2017 PASSED BY THE II ADDL. DIST. AND S.J., HASSAN IN S.C.NO.215/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S120B), 302 AND201R/W34OF IPC. IN CRL.A.NO.836 OF2017BETWEEN LOKESH @ SATHISH, S/O DODDEGOWDA, AGED ABOUT34YEARS, RESIDENT OF DYAVAPA...
Tag this Judgment!Court : Karnataka
Decided on : Jul-18-2023
R1IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF JULY, 2023 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE RAJESH RAI K CRIMINAL APPEAL No.1234 OF2017C/W CRIMINAL APPEAL No.836 OF2017IN CRL.A.NO.1234 OF2017BETWEEN HARISH, S/O DODDEGOWDA, AGED ABOUT37YEARS, RESIDENT OF DYAVAPANAHALLI VILLAGE, HALEBEEDU HOBLI, BELUR TALUK-573 115, HASSAN DISTRICT. ...APPELLANT (BY SRI. VEERANNA G. TIGADI, ADVOCATE) AND STATE OF KARNATAKA, BY HALEBEDU POLICE STATION, HALEBEEDU HOBLI, 2 BELUR TALUK-573 115 HASSAN DISTRICT. RESPONDENT (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP) THIS CRL.A. IS FILED U/S.374(2) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED2504.2017 AND ORDER DATED274.2017 PASSED BY THE II ADDL. DIST. AND S.J., HASSAN IN S.C.NO.215/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S120B), 302 AND201R/W34OF IPC. IN CRL.A.NO.836 OF2017BETWEEN LOKESH @ SATHISH, S/O DODDEGOWDA, AGED ABOUT34YEARS, RESIDENT OF DYAVAPA...
Tag this Judgment!Court : Karnataka
Decided on : Jan-19-2023
..... making an arrest without warrant to produce the arrested person before a magistrate without unnecessary delay and section 57 echoes clause (2) of article 22 of the constitution of india. there are some other provisions also like sections 53, 54 and 167 which are aimed at affording procedural safeguards to a person arrested by the police. whenever a person dies in custody of the police, section 176 requires the magistrate to hold an enquiry into the cause of death.18. however, in spite of the constitutional and statutory provisions aimed ..... his presence in the court whenever required cannot be ensured. these are the conclusions, which one may reach based on facts. 9. another provision i.e. section 41-a crpc aimed to avoid unnecessary arrest or threat of arrest looming large on the accused requires to be vitalised. section 41-a as inserted by section 6 of the code of criminal procedure (amendment) act, 2008 (5 of 2009), which is relevant in the context reads as follows: 41-a. notice of appearance before police officer. (1) the police officer shall ..... his liberty is a serious matter.21.joginder kumar case [(1994) 4 scc260:1994. scc (cri) 1172]. involved arrest of a practising lawyer who had been called to the police station in connection with a case under inquiry on 7-1-1994. on not receiving any satisfactory account of his whereabouts, the family members of the detained lawyer preferred a petition in the nature of habeas corpus before this court on 11-1-1994 and in compliance with .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-21-2023
- 1 - R NC:2023. KHC-D:14996 CRL.RP No.100143 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE21T DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR CRIMINAL REVISION PETITION No.100143 OF2019(397) BETWEEN: SATISH S/O. GANAPATI GUNAGI, AGE:38. YEARS, OCC: KSRTC DRIVER, R/O: YATTINBAIL, MIRZAN, TQ: KUMTA, UTTAR KANNADA. PETITIONER (BY SRI. B.G. INDI FOR SRI. K.L. PATIL, ADVOCATES) AND: THE STATE OF KARNATAKA, THROUGH ANKOLA P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. RESPONDENT (BY SRI. M.B. GUNDAWADE, ADDL. SPP) THIS CRIMINAL REVISION PETITION IS FILED UNDER397R/W401OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED2905/2019 PASSED IN CRIMINAL APPEAL No.253/2008 BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA, KARWAR. SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED2611/2008 IN CC No.62/2007 BY THE JMFC ANKOLA CONVICTING THE PTITIONERFOROFFENCES PUNISHABLE UNDER SECTIONS279 3...
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-21-2023
1 CRL.A NO.100191/2022 R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE21T DAY OF DECEMBER, 2023 PRESENT THE HON'BLE MR JUSTICE H.P.SANDESH AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR CRIMINAL APPEAL NO.100191 OF2022BETWEEN: BASAPPA DURGAPPA MADAR, AGED ABOUT28YEARS, R/P: BOCHALBAL, TQ: RAMADURGA, DIST: BELAGAVI 591117, NOW IN CENTRAL JAIL. APPELLANT (BY SRI. BASAVARAJ S. SATANNAVAR, ADVOCATE) AND: STATE OF KARNATAKA, BY CPI KATKOL POLICE STATION, BELAGAVI-591114, REPRESENTED BY SPP, HIGH COURT OF KARNATA. RESPONDENT (BY SRI. M.B. GUNDAWADE, ADDL. SPP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION3742) OF CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED IN S.C.NO.71/2014 DATED0103.2017 PASSED BY THE LEARNED VIII ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI. IN SO FAR AS ITS RELATES TO CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCE PUNISHABLE U/S376D), 302, 201, 364, 120B R/W34IPC AS THE SAME BEING ERRONEOUS AND NOT SUSTAINABLE IN LAW...
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Dec-21-2023
- 1 - NC:2023. KHC-K:9388 CRL.A No.200241 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH R DATED THIS THE21T DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CRIMINAL APPEAL No.200241 OF2023BETWEEN: SHRISHAIL, S/O AMBANNA VALAKHINDER, AGED ABOUT24YEARS, OCC: LABOUR WORK, R/O VILLAGE KANAJI, TQ: BHALKI, DIST: BIDAR-585413. ...APPELLANT (BY SRI KADLOOR SATYANARAYANACHARYA, ADVOCATE) AND:1. . THE STATE OF KARNATAKA, THROUGH HALLIKHED POLICE STATION, DIST: BIDAR-585414. 2 . VICTIM D/O BABUMIYA MUGANOORWALE, AGED ABOUT20YEARS, OCC: STUDENT, R/O HILALPUR VILLAGE, TQ: HUMNABAD, DIST: BIDAR-585415. RESPONDENTS (BY SMT. ANITA H REDDY, HCGP FOR R1) THIS CRL.A. IS FILED U/S. 374(2) OF CR.P.C PRAYING TO, SET ASIDE THE JUDGMENT OF CONVICTION DATED1306.2023 AND ORDER OF SENTENCE DATED:14. 06.2023, PASSED BY II ADDL.DIST.& SESSIONS JUDGE BIDAR, SITTING - 2 - NC:2023. KHC-K:9388 CRL.A No.200241 of 2023 AT BASAVAKALYANA IN SPL.CASE NO.534/2019 AND CONSEQUENTLY ACQUIT THE ACCUSED...
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-20-2023
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE20H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.103145 OF2022C/W CRIMINAL PETITION No.103100 OF2022IN CRIMINAL PETITION No.103145 OF2022BETWEEN: DR. RAGHAVENDRA B. NAYAK S/O BHEEMAPPA NAYAK AGED ABOUT41YEARS OCC.: ASSOCIATE PROFESSOR DEPARTMENT OF PSYCHIATRY DIMHANS, DHARWAD R/O.H.NO.1 GROUP A DIMHANS STAFF QUARTERS, OPPOSITE TO GERMAN HOSPITAL NARAYANPUR DHARWAD 580 008. ... PETITIONER (BY SRI SUNIL S. DESAI REPRESENTED BY SRI KUSHAL N. KAMBLE, ADVOCATES) AND:1. . STATE OF KARNATAKA BY SUB-URBAN POLICE STATION DHARWAD REPRESENTED BY2THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD 580 008. 2 . DR. RAMESH BABU S/O LATE B. BASAVARAJ AGED ABOUT47YEARS OCC.: PROFESSOR RAICHUR INSTITUTE OF MEDICAL SCIENCE R/O. No.30, DOCTOR QUARTERS RIMS, RAICHR, DIST. RAICHUR 584 101. ... RESPONDENTS (BY SRI V.S.KALASURMATH, HCGP FOR R1; R-2 SERVED AND UNREPRESENTED) THIS CRIMINAL PET...
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-20-2023
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE20H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.102141 OF2023BETWEEN: SANTOSH S/O MAHAVEER MANGASULI AGED ABOUT34YEARS OCC: PHOTO STUDIO R/O HARUGERI VILLAGE RAIBAG TALUK BELAGAVI DISTRICT PIN 591 317. ... PETITIONER (BY SRI. M.S.YADAHALLI, ADVOCATE) AND:1. . THE STATE OF KARNATAKA REP. BY INSPECTOR OF POLICE HARUGERI POLICE STATION BELAGAVI DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD. 2 . XXXX XXXXX AGED ABOUT21YEARS OCC: STUDENT2R/O SAPTASAGAR ATHANI TALUK BELAGAVI DISTRICT 591 304. ... RESPONDENTS (BY SRI. V.S.KALASURMATH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION482OF CR.P.C., PRAYING TO QUASH THE COGNIZANCE TAKEN FOR THE OFFENCES PUNISHABLE U/S3762)(N), 323, 384, 504, 506 R/W SEC. 34 OF IPC. AND SEC.3(1)(r), 3(2)(s), 3(1)(W(1)), 3(2)(Va) OF SC AND ST (POA) ACT. 1989 AND AMENDMENT ACT.2015. BY THE III ADDL. DISTRICT AND ...
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-20-2023
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE20H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.100721 OF2023BETWEEN: SHRI. RAGHVENDRARADDI SHIVARADDI NADUVINAMANI AGE.:25. YEARS, OCC.:COOLI/DRIVER R/O.: AJARADDI PLOT, BINAKADAKATTI, TQ.: AND DIST.: GADAG 582 103. ... PETITIONER (BY SRI K.L.PATIL, ADVOCATE) AND:1. . THE STATE OF KARNATAKA THROUGH GADAG RURAL P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD 580 011. 2 . XXXX XXXX AGE.:26. YEARS, OCC.:HOUSEHOLD2R/O.: YANIHOSAHALLI, RANNEBENNUR CURRENTLY BINKADAKATTI TQ. AND DIST. GADAG 582 103. ... RESPONDENTS (BY SRI V.S.KALASURMATH, HCGP FOR R1; SMT.ARCHANA A.MAGADUM, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION482OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED PURSUANT TO GADAG RURAL P.S. CRIME No.32/2023 REGISTERED FOR OFFENCES P/U/SEC. 376, 506 OF IPC PENDING ON THE FILE OF II ADDL. CIVIL JUDGE A...
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-20-2023
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE20H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.101560 OF2023BETWEEN: SRI. SHRIKANT S/O. SUBRAY BHAT, AGED ABOUT60YEARS, OCC.: RETIRED SR. SUB-REGISTRAR, PRESENTLY R/O. NO.85, MELINA ONIKERI POST, TQ. SIRSI 581 402, UTTARA KANNADA. ... PETITIONER (BY SMT. BHARATI G.BHAT, ADVOCATE) AND: THE STATE OF KARNATAKA BY LOKAYUKTA POLICE, REPRESENTED BY ITS DEPUTY SUPERINTENDENT OF POLICE, GADAG DISTRICT, GADAG, NOW REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, LOKAYUKTA, HIGH COURT BUILDING, DHARWAD 580 011. ... RESPONDENT (BY SRI ANIL KALE, SPL.PP) 2 THIS CRIMINAL PETITION IS FILED UNDER SECTION482OF CR.P.C., PRAYING TO QUASH THE IMPUGNED CHARGE SHEET AND ALL FURTHER PROCEEDINGS IN SPL. (SVC) No.09/2021 PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, GADAG, ARISING OUT OF CR.No.17/2019 REGISTERED BY THE RESPONDENT LOKAYUKTA POLICE STATION GADAG FOR THE OFFENCE P/U/SEC. 7...
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