Dismissed

Soorykanth S/O Narayansa Habib v. the State of Karnataka

Karnataka HC8 Feb 2021CRL.P/100261/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a transfer petition (Crl.P.) seeking to move a matrimonial cruelty/suicide case from Belagavi to Dharwad. The Court rejected the request for transfer due to lack of serious ailment evidence but directed the trial court to conclude all examination of the elderly Complainant in one sitting.

What did the court decide?

Petition dismissed; trial court directed to complete examination of Complainant in one sitting despite transfer opposition.

Soorykanth S/O Narayansa Habib Vs the State of… — Criminal Trial and Appeal | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF FEBRUARY 2021

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BEFORE

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THE HON’BLE MR. JUSTICE P. KRISHNA BHAT

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CRL.P. NO.100261 OF 2020

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BETWEEN:

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SOORYKANTH S/O NARAYANSA HABIB AGE: 70 YEARS, OCC: BUSINESS, R/O: TRINITY BUILDING, NEAR TOLANAKA CIRCLE, DHARWAD. …PETITIONER (By Sri.VINAYAK HEGDE FOR VENKATESH M KHARVI, ADVOCATE.) AND:

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1 . THE STATE OF KARNATAKA THROUGH GOKAK TOWN P.S., R/BY SPP, HIGH COURT OF KARNATAKA, DHARWAD.

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2 . SHRI.SACHIN S/O GANAPATSA SHIRALKAR AGE: 46 YEARS, OCC: BUSINESS, R/O: HOSPET GALLI, GOKAK, DIST: BELAGAVI.

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3 . SMT.GEETABAI W/O GANAPATSA SHIRALKAR AGE: 66 YEARS, OCC: BUSINESS, R/O: HOSPET GALLI, GOKAK, DIST: BELAGAVI.

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4 . SRI. PANDU S/O GANAPATSA SHIRALKAR AGE: 31 YEARS, OCC: BUSINESS, R/O: HOSPET GALLI, GOKAK, DIST: BELAGAVI. … RESPONDENTS

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(By Sri.PRAVEEN K. UPPAR, HCGP FOR R1, SRI. V.S. TELI, ADVOCATE FOR R.2-4.)

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THIS CRIMINAL PETITION IS FILED U/S 407 OF CR.P.C., PRAYING TO TRANSFER THE S.C.NO.275/2019 ON THE FILE OF 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI TO ANY ADDITIONAL COURT OF DISTRICT AND SESSIONS JUDGE, DHARWAD FOR THE OFFENCE PUNISHABLE U/S 498A, 306 R/W SEC.34 OF IPC.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed under Section 407 of Cr.P.C. seeking a direction from this Court to transfer S.C.No.275/2019 pending on the file of learned 5^th

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Additional District and Sessions Judge, Belagavi, to any Sessions Court within the Sessions Division of Dharwad.

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It is submitted that deceased is the daughter of petitioner herein who committed suicide on account of alleged matrimonial cruelty, etc. and on such complaint, investigation was held and charge sheet was filed for offences punishable under Sections 498-A, 306 read with Section 34 of IPC against the respondent Nos.2, 3 and 4 herein. The grievance of the petitioner herein is that, he is aged more than 70 years and on account of age related health issues like low blood pressure, etc., he is not in a position to travel to Belagaum to give evidence and therefore, it is the request made on his behalf by the learned counsel that the Sessions Case itself should be transferred to any Court in Dharwad.

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The health certificate produced before this Court does not disclose any serious ailment suffered by the petitioner herein, so as to warrant transfer of the case itself from Belgaum to any Court in Dharwad. On the

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other hand, taking into consideration the fact that the petitioner who is C.W.1 is advanced in his age and therefore, it would be in the interest of justice to issue a direction to the learned trial Court to ensure that his examination-in-chief, cross examination and reexamination, if any, is completed on the same day fixed for his evidence. If the learned Sessions Judge ensures the same, any hardship likely to be caused to the petitioner due to health issue pleaded by the petitioner herein will be mitigated to the maximum extent.

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In that view of the matter, I proceed to pass the following :

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O R D E R

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The petition is disposed of with a direction to the learned V Additional District and Sessions Judge, Belgaum to complete the examination-in-chief, cross-examination and re-examination of C.W.1 on the same day he is summoned to give evidence.

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Learned counsel appearing for respondent Nos. 2 to 4 who are the accused, assured before the Court that he will extend his complete co-operation for ensuring that cross-examination of the petitioner (C.W.1) is completed on the same day he appears before the Court.

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Intimate this order to the learned trial Court forthwith.

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In view of disposal of the petition, I.A.1/2020 does not survive for consideration and it is dismissed

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accordingly.

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Sd/JUDGE

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Mgn/-

Soorykanth S/O Narayansa Habib v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Soorykanth S/O Narayansa Habib v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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