Defacto complainant sought transfer of a criminal case to Mysore citing witness residence and safety concerns. Court found no grounds for transfer; directed recording of witnesses' evidence via video conference and dismissed the petition.
None granted; trial court directed to record evidence of C.W.1 to 3 through video conference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 11402 OF 2023
BETWEEN:
MAHESHWARI M AGED ABOUT 35 YEARS NEAR MANJUNATHA KALYANA MANTAPA BHYYANAPALAYA, THALAGATTAPURA BENGALURU CITY, KARNATAKA -560 109. (AS PER CHARGESHEET)
…PETITIONER
(BY SMT ANURADHA S K, ADVOCATE)
AND:
Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA
NEAR MANJUNATHA KALYANA MANTAPA, VAJATAHALLI, BHAYYANAPALYA, BENGALURU CITY KARNATAKA -560 062
…RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R-1 SMR AMIT ANAND, ADVOCATE FOR R-2 TO R-5)
THIS CRL.P IS FILED U/S 407 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO TRANSFERRING THE CASE BEARING NUMBER C.C.3125/2023 FROM ADDL. CHIEF JUDICIAL MAGISTRATE BANGALORE, BANGALORE TO JUDICIAL MAGISTRATE, MYSORE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the defacto complainant seeking transfer of C.C. No.3125/2023 pending on the file of the II Additional Chief Judicial Magistrate Bengaluru Rural, Bengaluru to Judicial Magistrate, Mysore. Respondent Nos.2 to 6 are accused Nos.1 to 5 in the said criminal case.
give evidence. Respondent No.6 is anti social element and influential person.
have to attend the said criminal case on each date of hearing as they are accused persons in the said criminal case. This petitioner being one of the witnesses in the charge sheet has to appear before the Court in criminal case at Bengaluru only on dates when her evidence to be recorded. If the case is transferred from Bengaluru to Mysore, respondent Nos.2 to 6 have to travel from Mysore to Bengaluru which may cause hardship and inconvenience
to them. As petitioner has apprehension of thereat by accused persons who are respondent Nos.2 to 6 herein, her evidence can be recorded through video conference. Even the evidence of C.W.2 and 3 who are relatives of the petitioner –C.W.1 can also be recorded through video conference. Considering the said aspect, there are no grounds for transfer the criminal case as sought for.
following observations:
i) The evidence of C.W.1 to 3 in C.C. No.3125/2023 pending on the file of the II Additional Chief Judicial Magistrate Bengaluru Rural, Bengaluru has to be recorded through video conference.
ii) The learned II Additional Chief Judicial Magistrate Bengaluru Rural, Bengaluru has to make arrangements for recording evidence of C.W.1 to 3 through video conference.
6. In view of the dismissal of the petition, pending I.A’s does not survive for consideration.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP
List No.: 1 Sl No.: 19
1 issue framed by the court
Should C.C. No.3125/2023 be transferred from Bengaluru to Mysore on the ground that key witnesses reside in Mysore and fear threat from accused?
1 provisions across 1 enactments
Maheshwari M
The State of Karnataka by Thalagattapura Police Station
Chandru T.G.
Govindappa T
Gangamma
Girish G
Shivashankar Amaranannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
