Allowed

Channaveeraiah v. State by Kunigal Police Station

Karnataka HC16 Sept 2016CRL.P/6584/2016

Case brief

AI extract

What is this about?

This criminal petition prayed for the transfer of a counter case to the Sessions Court for a joint trial with a committed case involving assault and grievous hurt, holding it just and convenient.

What did the court decide?

Petition allowed; Crime No. 329/2012 transferred to II Additional District and Sessions Judge, Tumakuru to be tried as a counter case alongside SC 47/2013.

Channaveeraiah Vs State by Kunigal Police Station — Criminal Trial and Appeal | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER 2016

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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CRIMINAL PETITION No.6584 OF 2016

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BETWEEN:

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Channaveeraiah, Son of Late Bhadraiah, Aged about 57 years, Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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Deepu @ Malingaiah, Son of Channaveeraiah, Aged about 27 years, Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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Guru @ Sathisha, Son of Channaveeraiah, Aged about 33 years, Naganahalli Village, Hutridurga Hobli,

Kunigal Taluk,

Tumkur – 572 130.

Mallikarjuna, Son of Channabasavaiah, Aged about 37 years, Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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Marilingaiah, Son of Late Bhadraiah, Aged about 68 years, Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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Siddalingaiah, Son of Veerabhadraiah, Aged about 41 years, Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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Savandaiah, Son of Bhadraiah, Aged about 53 years, Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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Giri @ Girisha, Son of Marilingaiah, Aged about 29 years, Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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Chandrashekar, Son of Channabasavaiah, Aged about 45 years, Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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Ningamma, Wife of Marilingaiah, Aged about 53 years, Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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Nagamma, Wife of Savandaiah, Aged about 37 years, Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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Channabasavaiah @ Bandaiah, Son of Late Bhadraiah, Aged about 73 years,

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Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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Gangamma, Wife of Channaveeraiah, Aged about 47 years, Naganahalli Village, Hutridurga Hobli, Kunigal Taluk, Tumkur – 572 130.

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…PETITIONERS

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(By Dr. R. Ramachandran, Advocate)

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AND:

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State by Kunigal police Station, Tumkur District – 572 130.

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…RESPONDENT

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(By Shri Chetan Desai, Government Pleader)

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This Criminal Petition filed under Section 407 code of Criminal Procedure, 1973, praying to transfer the case in Crime No.329/2012 under Sections 143, 147, 148, 323, 324, 504, 506B read with 149 of IPC pending before Senior Civil Judge and JMFC, Kunigal vide Annexure-C of the petition for trial to II Additional District and Sessions Judge, Tumkur which is trying the case in S.C.No.47/2013 arisen out of the case in Crime No.328/2012 of the respondent police.

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This Criminal Petition coming on for Orders this day, the court made the following:

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O R D E R

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Heard the learned counsel for the petitioners and the

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learned State Public Prosecutor.

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The petitioners claim that there was a quarrel between

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the petitioners and several others over the use of a public road across the land of the petitioners and one Chennigappa. Both have made allegations against each other of assault. Many of the parties were admitted to hospital on the same day as a result of the attack and counter attack. Cases have been registered in Crime No.328/2012 and Crime No.329/2012. The Police have filed a charge sheet in Crime No.328/2012, for offences punishable under various Sections of the Indian Penal Code, 1860 (Hereinafter referred to as the ‘IPC’, for brevity), including Section 307 and the same is now committed to the Sessions Court and numbered as SC 47/2013 and is pending on the file of the II Additional District and Sessions Judge,

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Tumakuru. Insofar as Crime No.329/2012, which is arising out of the same incident is concerned, the Police have not thought it fit to invoke Section 307 IPC and therefore it continues to be pending before the Court of the Senior Civil Judge & JMFC, Kunigal. It is in this background that the present petition is filed.

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The learned Counsel would claim that it would be convenient and just to try the case and counter case in the same court and therefore seeks that the case pending before the

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Court of the Senior Civil Judge & JMFC, Kunigal be transferred to the Court of the II Additional District and Sessions Judge, at Tumakuru.

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Accordingly, the petition is allowed. It would be just and convenient to try the case and counter case by the Court of Sessions. Accordingly, the case in Crime No.329/2012 shall be withdrawn from the Court of the Senior Civil Judge, Kunial and

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shall be tried as a counter case along with SC 47/2013 by the II

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Additional District and Sessions Judge, Tumakuru.

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Sd/JUDGE

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Channaveeraiah v. State by Kunigal Police Station

Case brief

What is this about?

What did the court decide?

Channaveeraiah v. State by Kunigal Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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