Disposed

Tamilarasan v. State of Karnataka

Karnataka HC27 Nov 2024CRL.P/1155/2024

Case brief

AI extract

What is this about?

This order directed the concerned Court to conduct an enquiry to determine the petitioner's age at the time of the alleged offence. If found a juvenile, the matter must be transferred to the Juvenile Justice Board; otherwise, further trial is stayed pending such determination.

What did the court decide?

Directed the concerned Court to conduct an enquiry regarding the petitioner's age; if found a juvenile, transfer to Juvenile Justice Board; further trial stayed pending determination.

Tamilarasan Vs State of Karnataka — Criminal Trial and Appeal | Karnataka HC (2024)

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NC: 2024:KHC:49032 CRL.P No. 1155 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.1155 OF 2024

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BETWEEN:

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TAMILARASAN @ CHINNATAMBI @ TAMBI S/O. MARIMUTHU AGED ABOUT 22 YEARS RESIDING AT DOOR NO.181, 10TH CROSS 2ND MAIN, BANDEGUDISALU VALMIKINAGAR, CHAMARAJAPETE BENGALURU-560 026.

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…PETITIONER

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(BY SRI KULKARNI SHRINATH, ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY CITY MARKET POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001.

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(BY SRI RANGASWAMY R., H.C.G.P.)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 27-4-2023 PASSED BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-66) IN SESSIONS CASE NO.975 OF 2020 AT ANNEXURE-C, AND ETC.

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THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:49032 CRL.P No. 1155 of 2024

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court calling in question the proceedings in Sessions Case No.975 of 2020 registered for the offences punishable under Sections 120B, 302 and 201 read with Section 34 of the Indian Penal Code, 1860.

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Heard Sri Kulkarni Shrinath, learned counsel appearing for the petitioner, and Sri Rangaswamy R., learned High Court Government Pleader appearing for the respondent-State.

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The plea of the petitioner is that the final report against the petitioner should be tried by the Juvenile Justice Board on the score that he was less than 18 years at the time of commission of the offence.

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The learned counsel for petitioner submits that the determination of age to drive home the point that the petitioner was an adult is on the basis of the Aadhaar card. The Aadhaar card is said to have been generated on a particular day on which the petitioner was already in judicial custody. Therefore, learned counsel submits that he was a juvenile at the time of

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3 - NC: 2024:KHC:49032 CRL.P No. 1155 of 2024

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commission of the offence and the proceedings must be taking place before the Juvenile Justice Board. Prior to such determination, as to whether the petitioner was less than 18 years of age as on the date of the alleged crime, an enquiry is imperative to declare him to be a juvenile before permitting his trial to be before the Juvenile Justice Board.

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Therefore, the concerned Court which is now adjudicating Sessions Case No.975 of 2020 shall forthwith conduct an enquiry with regard to the plea of the petitioner that he was a juvenile at the time of commission of the offence. If the result of the enquiry would be that the petitioner was a juvenile as on the date of commission of the offence, the concerned Court shall transfer the matter to the Juvenile Justice Board to be tried as a juvenile. In the event the report would be against the plea of the petitioner that he was a juvenile, all remedies are left open to the petitioner.

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With the aforesaid observations, the petition stands disposed . Till the determination happens with regard to the juvenility or otherwise of the petitioner, further trial against the petitioner shall not be conducted.

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NC: 2024:KHC:49032 CRL.P No. 1155 of 2024

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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KVK List No.: 1 Sl No.: 29

Tamilarasan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Tamilarasan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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