Allowed

Sri. B L Ravindranath v. State of Karnataka

Karnataka HC29 Nov 2021WP/13213/2021

Case brief

AI extract

What is this about?

The single judge allowed the writ petition seeking transfer of 17 pending cases involving common accused persons from various courts to the Special Court at Bengaluru. The court held that transfer was necessary for the convenience of the accused, despite the respondent's objection regarding witness availability, noting that video conferencing could accommodate witness testimony.

What did the court decide?

All 17 cases listed in the schedule transferred to the District and Sessions Judge, Bengaluru City; I.A.1/2021 disposed of.

Sri. B L Ravindranath Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF NOVEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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WRIT PETITION No.13213 OF 2021(GM-RES)

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BETWEEN

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Sri B.L.Ravindranath S/o Late B.L.Lakshmegowda Aged about 43 years, Madwesha Complex, Nazarbad, Mysuru-570010. Also at No.109, D.Max Sanvilla Apartment, Kengeri Main Road, Mallathahalli, Balaji Layout, Bengaluru-560060.

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Smt. Gayathri N., General Manager, D/o Nanjegowda, Aged about 36 years, Greenbunds Agro Form Ltd. Co., No.73, 3^rd Floor, Madwesha Complex, Nazarbad, Mysuru-570010. Also at No.183/1, Datta Nagar, Ooty Road, Mysuru-570010.

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U.L.Dakshayini, W/o B.L.Ravindranath, Aged about 39 years, No.66/F, SVP Nagar, T.N.Pura Road, Mysuru, Also at No.109,

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D.Max Sanvilla Apartment, Kengeri Main Road, Mallathahalli, Balaji Layout, Bengaluru-560060.

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U.L.Vasanth Kumar, S/o Laxman Gowda, Aged about 27 years, No.66/F, S.V.P. Nagar, T.N.Pura Road, Mysuru, Presently R/o.109, D.Max Sanvilla Apartment, Kengeri Main Road, Mallathahalli, Balaji Layout, Bengaluru-560060.

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…Petitioners

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(By Sri P.P.Hegde, Advocate) AND State of Karnataka By CID Represented by Special Public Prosecutor, High Court of Karnataka, Bengaluru-560001.

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…Respondent

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(By Sri R.D.Renukaradhya, HCGP)

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This Writ Petition is filed under Articles 226 and 227 of Constitution of India read with Section 407 and 482 of Code of Criminal Procedure, 1973, praying to issue a writ of mandamus or any other appropriate orders transferring the cases mentioned in serial No.1 to No.17 in the schedule here below to the District and Sessions Judge (Special court) Mysuru for trial and disposal together in accordance with the law and etc.,

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This Writ Petition coming on for preliminary hearing through video conferencing this day, the court made the following:

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ORDER

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Heard Sri P.P.Hegde, learned counsel for the

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petitioners and the Government Pleader.

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The petitioners are common accused in

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several cases pending against them in connection with offence punishable under section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishment, Act and certain IPC provisions. The details of the cases where they are pending are separately given in the schedule appended to the Writ Petition. It is submitted by Sri P.P.Hegde that in all these cases, the petitioners are the common accused and it will be highly impossible for them to appear before all the courts. All these cases have been investigated by one officer assisted by another officer. The officers involved in investigation are same and in

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this view, it will be convenient for the prosecution also if the trial is held at one place instead of several places.

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High Court Government Pleader submits that since the witnesses are residing at different places, they find it difficult to come over to a particular place and in this view transfer is not feasible.

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Having heard both sides, it is to be stated that in the schedule appended to the writ petition, the details of the cases pending at several places are given. In all these cases, the petitioners are the accused. It is on record that the investigating officer and the other official witnesses are same in all these cases, but only the depositors in each case are different individuals who are residing at different places. The Government Pleader expresses the difficulty of the

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depositors coming over to a particular place for giving evidence.

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But, I do not think that the depositors are

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required to come over to a particular place because the trial court can permit the depositors to give evidence through video conferencing. Now if the petitioners are made to appear at different places certainly they will find it difficult because if the trial is fixed at two or three places on the same day, it will be difficult for them to attend the court at any place. Even if the case is considered from the angle of convenience of the investigating officer and other official witnesses, it will be proper if the trial is held at a particular place. Though the petitioners have sought all the cases to be transferred to the Special Court constituted at Mysuru but, now Sri P.P.Hegde submits that transfer may be given to Bengaluru

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court. Therefore, for the aforesaid reasons, this

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petition deserves to be allowed. Hence, the following:

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ORDER

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(a) All the following cases are transferred to the court of XLVIII Additional City Civil and Sessions Judge, Bengaluru City, for

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adjudication.

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Sl. No.	Name of the Special Court	Case Number with Penal Provisions of laws	Corresponding FIR/s
1.	Prl. District and Sessions Judge, Mandya	Spl.C.111/201 7 c/w Spl.C.203/201 6 420, 120(B) of IPC and Section 9 of Karnataka	1.Crime No.58/2014 of KR Pet PS 2.Crime No.155/2014 of Nagamangala PS 3. Crime
		Protection of	No.99/2014 of
		Interest of Depositors in Financial Establishment Act, 2004	Malavathalli PS 4. Crime No.157/2014 of Mandya West PS
2.	Prl. District and Sessions Judge,	Spl.C.23/2016 406, 420, 120(B) of IPC and	1. Crime No.45/2014 of Gundlupet PS
	Chamarajana	Section 9 of	2. Crime

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	gar	Karnataka	No.124/2014 of
		Protection of	Chamarajanagar PS
		Interest of Depositors in Financial Establishment Act, 2004	3. Crime No.52/2014 of Yelandur PS 4. Crime No.74/2014 of Kollegal PS
3.	Prl. District and Sessions Judge, Belagavi	Spl.C.1/2019 406, 409, 420, 120(B) of IPC and Section 9 of Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004	1. Crime No.115/2017 Kittur PS
4.	Prl. District and	Spl.C 102/2017 406, 420, 120(B)	1. Crime No.207/2014 of
	Sessions Judge, Hassan	of IPC and Section 9 of Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004	Hassan Town PS 2. Crime No.155/2014 of Holenarasipura PS
5.	Prl. District and Sessions Judge, Ramanagara	Spl.C 125/2016 406, 420, 120(B) of IPC and Section 9 of Karnataka Protection of	1. Crime No.103/2014 of Ramanagara PS 2. Crime No.161/2014 of Channapatana PS

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		Interest of Depositors in Financial Establishment Act, 2004
6	XLVIII Addl.City Civil and	Spl.C 312/2015 406, 420, 120(B) of IPC and	1. Crime No.369/2013 of Basaveshwara
	Sessions Judge	Section 9 of Karnataka	Nagar
	Bengaluru	Protection of
	City	Interest of
		Depositors in Financial Establishment Act, 2004
7.	Prl. District and	Spl.C.103/2016 406, 420, 120(B)	1. Crime No.160/2014 of
	Sessions	of IPC and	Vijayapura PS
	Judge, Bengaluru	Section 9 of Karnataka
	Rural	Protection of
		Interest of
		Depositors in Financial Establishment Act, 2004
8.	Prl. District	SC 53/2016	1. Crime
	and Sessions	406, 420, 120(B)	No.264/2013 of
	Judge, Kolar	of IPC and Section 9 of Karnataka Protection of	Mulbagalu PS
		Interest of
		Depositors in Financial

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		Establishment Act, 2004
9.	Prl. District and Sessions Judge, Chikkamagal uru	SC 64/2017 418, 420, 422, 506, 120(B) of IPC and Section 9 of Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004	1. Crime No.107/2014 Koppa PS 2. Crime No.118/2014 of Koppa PS
10.	Prl. District and Sessions Judge, Shivamogga	SC 05/2017 420, 120(B) of IPC and Section 9 of Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004	1. Crime No.171/2015 of Shivamogga PS
11.	III Addl. District and	Spl.C.5001/2019 406, 420, 120(B)	1. Crime No.171/2014 of
	Sessions Judge, Hospet	of IPC and Section 9 of Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004	Harapanahalli PS 2. Crime No.151/2014 of Jagalur PS
12.	Prl. District and Sessions	Sc 106/2016 406, 420, 120(B)	1. Crime No.60/2014 of

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	Judge,	of IPC and	Hosahalli PS
	Bellary	Section 9 of Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004	2. Crime No.80/2014 of Sandur PS 3. Crime No.104/2014 of Hospet PS 4. Crime No.63/2014 Kuttu PS
13.	Prl. District and Sessions Judge, Koppal	Spl C C 1/2017 (KPIDFE) 406, 420, 120(B) of IPC and Section 9 of Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004	1. Crime No.154/2014 of Koppal PS
14.	Prl. District and Sessions	SC 106/2016 406, 420, 120(B)	1. Crime No.183/ of Hosadurga PS
	Judge,	of IPC and	2. Crime
	Chitradurga	Section 9 of Karnataka	No.97/2014 of Molkalumur PS
		Protection of	3. Crime
		Interest of	No.439/2014 of
		Depositors in Financial Establishment Act, 2004	Challekere PS
15.	Prl. District and Sessions Judge,	Spl.C.1/2017 406, 420, 120(B) of IPC and	1. Crime No.105/2014 of Dharwad Town PS

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	Dharwad	Section 9 of Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004
16.	Prl. District and Sessions Judge,	Spl.C.229/2016 406, 420, 120(B) of IPC and	1. Crime No.80/2014 of Tiptur PS
	Tumkur	Section 9 of Karnataka Protection of Interest of	2. Crime No.101/2014 of Chelur PS
		Depositors in Financial Establishment Act, 2004
17.	Prl. District and Sessions	Spl.C.43/2016 406, 420, 120(B)	1. Crime No.151/2013,
	Judge,	of IPC and	Crime No.172/2013
	Madikeri	Section 9 of Karnataka	to Crime No.175/2013 of
		Protection of	Kushalnagar PS
		Interest of	2. Crime
		Depositors in Financial Establishment Act, 2004	No.68/2013 of Gonikoppa PS 3. Crime No.166/2013, No.167/2013, No.82/2014, No.71/2014, No.74/2014, No.78 to 80/2014 No.83 to 86/2014

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No.88 to 93/2014
No.95 & 96/2014
No.99 & 100/2014
of Somwarpet PS
4. Crime
No.8/2014 of
Virajpet 5. Crime
No.50/2014 of
Bhagamandala PS 6. Crime
No.136/2014, 138/2014, 149/2014 of
Madikeri Town PS

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(b) Since the interest of the depositors is involved, the transferee court may expedite the trial.

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cooperate with the trial court for speedy disposal.

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(d) The records at other places shall be transmitted to the Special Court at Bengaluru within 23^rd December 2021, the

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date on which the case is said to be fixed

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at Bengaluru.

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In view of disposal of the petition, I.A.1/2021

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filed for stay of the proceedings does not survive for consideration and it is also disposed of.

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Sd/JUDGE

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ckl

Sri. B L Ravindranath v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. B L Ravindranath v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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