Allowed

Mr. Janardhan P v. State of Karnataka

Karnataka HC3 Sept 2024CRL.P/3758/2024

Case brief

AI extract

What is this about?

A petitioner sought transfer of a JMFC-level case to be tried alongside the counter-case pending before a Special Court, both arising from a single incident involving SC/ST offences. Following established procedure for case-and-counter cases, the court allowed the petition and directed both cases be tried together at the Sessions Court.

What did the court decide?

Transfer of C.C.No.1341/2018 to II Addl.District and Sessions Judge, Bengaluru Rural District, to be tried along with Spl.C.No.387/2018.

Mr. Janardhan P Vs State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC:35890 CRL.P No. 3758 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 3758 OF 2024

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BETWEEN:

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MR. JANARDHAN P S/O PRAKASH AGED ABOUT 35 YEARS KODIHALLI NADUVATHI VILLAGE BANGALORE RURAL DISTRICT KARNATAKA - 560 067.

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…PETITIONER

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(BY SRI SANDEEP C.T, ADVOCATE)

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AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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STATE OF KARNATAKA BY THRUMALASHETTIHALLI P.S THIRUMALASHETTIHALLI CIRCLE BENGALURU DITSRICT REP: STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA.

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MR. NAGARAJ S/O SONNAPPA AGED ABOUT 62 YEARS RESIDING AT No. NIL KODIHALLI VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU DISTRICT KARNATAKA - 562 114.

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NC: 2024:KHC:35890 CRL.P No. 3758 of 2024

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MR. MANJUNATH Y S/O YALLAPPA AGED ABOUT 39 YEARS RESIDING AT No. NIL KODIHALLI VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU DISTRICT KARNATAKA - 562 114.

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MR. RAMAIAH S/O DODDA GURAPPA AGED ABOUT 71 YEARS RESIDING AT No. NIL KODIHALLI VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU DISTRICT KARNATAKA - 562 114.

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…RESPONDENTS

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(BY SRI RAHUL RAI K, HCGP FOR R1 DR. VANDANA P L, ADVOCATE FOR R3 & R4)

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THIS CRL.P IS FILED U/S.407 CR.P.C PRAYING TO TRANSFER THE CASE IN C.C.NO.1341/2018 PRESENTLY PENDING ON THE FILE OF THE COURT OF ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JMFC HOSAKOTE BENGALURU RURAL DISTRICT PUNISHABLE UNDER SECTIONS 324,341,506,511,34 OF IPC TO BE TRIED ALONG THE CASE IN SPL.C.No.387/2018 PENDING ON THE COURT OF HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, AT BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 355, 307, 114 OF IPC AND UNDER SECTION 3(1)(l) OF SC/ST ACT AND UNDER SECTIONS 25,26 OF ARMS ACT AND TO BE CLUBBED AND TRIED TOGETHER.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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3 - NC: 2024:KHC:35890 CRL.P No. 3758 of 2024

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ORAL ORDER

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This petition is filed under Section 407 of Cr.P.C

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seeking transfer of the case in C.C.No.1341/2018 pending on the file of Addl.Civil Judge (Jr.Dn) and JMFC, Hoskote, Bengaluru Rural District to the Court of II Addl.District and Sessions Judge, Bengaluru Rural District, at Bengaluru and to be tried along with Spl.C.No.387/2018.

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Cr.No.75/2018 of Thirumalashettihalli P.S,

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Hoskote, Bengaluru Rural District, Bengaluru came to be registered on a complaint lodged by one Sri.Ramayya in respect of an incident which took place on 04.04.2018 at about 2.00 p.m.

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3. Initially the said case was registered against

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accused Nos.1 and 2 for the offence punishable under Sections 341, 324, 355, 307, 504, 506, 114 read with Section 34 I.P.C and Sections 3(1)(l), 3(1)(r) and 3(1)(s) of SC/ST (POA) Act, 1989 and Sections 25 and 26 of Arms Act, 1959.

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4 - NC: 2024:KHC:35890 CRL.P No. 3758 of 2024

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Charge sheet has been filed against accused No.1 alone for the offence punishable under Sections 506, 341, 504, 324, 511 of I.P.C, Sections 3(1)(r) and 3(1)(s) of SC/ST (POA) Act, 1989 and Section 27 of Arms Act, 1959.

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Another case in Cr.No.76/2018 was registered on a complaint lodged by one Janardhan, against whom the charge sheet was filed in Cr.No.75/2018. On the basis of the said complaint, a case was registered against accused Nos.1 to 3 and another for the offence punishable under Sections 341, 307, 506 read with Section 34 I.P.C.

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The police have filed charge sheet against accused Nos.1 to 3 for the offence punishable under Sections 324, 341, 506, 511 read with Section 34 I.P.C.

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It is argued by the learned counsel for the petitioner that both the cases arise out of same incident and therefore, they have to be tried by the same Court. He has relied on a judgment of this Court reported in ILR

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5 - NC: 2024:KHC:35890 CRL.P No. 3758 of 2024

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2012 KAR 509 in the case of State of Karnataka, by Circle Inspector of Police Vs. Hosakeri Ningappa and another and another judgment in Dr.Sanjeev Kumar Hiremath Vs. State of Karnataka and Another passed in Crl.P.No.2459/2022 disposed on 13.03.2023.

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A perusal of the complainant averments and the charge sheet material shows that both the cases are registered in respect of a single incident and therefore, they are case and counter case. The learned counsel for respondent has also not disputed the same. Since the provisions under the Special Act are invoked, the case arising out of Cr.No.75/2018 is now tried by the Special Court, whereas Cri.No.76/2018 is pending before the learned JMFC.

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The Full Bench of this Court in Hosakeri Ningappa and another (supra) has laid down the procedure to be followed in a case and counter case. It is held that the trial should be conducted by the same Court. After recording the evidence and after hearing arguments,

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the judgment should be reserved in one case thereafter, evidence should be recorded and arguments should be heard in the other case. The judgments should be pronounced by the same Judge simultaneously, i.e., one after the other.

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In Dr.Sanjeev Kumar Hiremath (supra) this

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Court has relied on a decision of the Hon'ble Apex Court in

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the case of State of M.P Vs. Mishrilal and others , reported in (2003) 9 SCC 426 in a case of similar nature. In the said decision, the Hon'ble Apex Court has referred to a decision in Nathi Lal Vs. State of U.P , reported in

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1990 Supp SCC 145 , wherein it is held as under:

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"the fair procedure to adopt in a matter like the present where there are cross-cases, "is to direct that the same learned judge must try both the crosscases one after the other. After the recording of evidence in one case is completed, he must hear the arguments but he must reserve the judgment. Thereafter, he must proceed to hear the cross-case and after recording all the evidence, he must hear the arguments but reserve the judgment in that case. The same learned judge must thereafter

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NC: 2024:KHC:35890 CRL.P No. 3758 of 2024

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dispose of the matters by two separate judgments. In deciding each of the cases, he can rely only on the evidence recorded in the particular case. The evidence recorded in the cross-case cannot be looked into nor can the judge be influenced by whatever is argued in the cross-case. Each case must be decided on the basis of the evidence which has been placed on record in that particular case without being influenced in any manner by the evidence or arguments urged in the cross-case. But both the judgments must be pronounced by the same learned judge one after the other."

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In the light of the above decisions and for the reasons stated supra, it is just and necessary to direct the transfer of case pending in C.C.No.1341/2018 on the file of the Court of Addl.Civil Judge (Jr.Dn) and JMFC, Hoskote, Bengaluru Rural District to the Court of II Addl.District and Sessions Judge, Bengaluru Rural District, at Bengaluru where Spl.C.No.387/2018 is pending. Hence, the following:

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ORDER

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(i) Petition is allowed.

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NC: 2024:KHC:35890 CRL.P No. 3758 of 2024

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(ii) The case pending in C.C.No.1341/2018 on the file of Court of Addl.Civil Judge (Jr.Dn) and JMFC, Hoskote, Bengaluru Rural District, at Bengaluru shall be transferred and tried along with Spl.C.No.387/2018 pending on the file of the Court of II Addl.District and Sessions Judge, Bengaluru Rural District, at Bengaluru.

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(iii) On transfer of the above case, learned Sessions Judge shall proceed in the matter in accordance with law.

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(iv) Both the parties shall to co-operate for the early disposal of the case.

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I.A.No.2/2024 does not survive for consideration and

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the same is disposed of.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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RR List No.: 1 Sl No.: 23

Mr. Janardhan P v. State of Karnataka

Case brief

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Mr. Janardhan P v. State of Karnataka

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