Allowed

Praveen Kankanawadi v. the State of Karnataka

Karnataka HC12 Dec 2024CRL.P/6564/2024

Case brief

AI extract

What is this about?

Husband sought transfer under Section 406 Cr.P.C of a criminal case filed by his wife under Sections 498A, 504, 323, 114 IPC and Dowry Prohibition Act Sections 3 and 4 from Davanagere to Bengaluru, where both spouses work. Court granted the transfer.

What did the court decide?

C.C. No. 2721/2021 withdrawn from II Additional Senior Civil Judge and JMFC, Davanagere and transferred to Chief Judicial Magistrate, Bengaluru Urban District for assignment to another ACJM.

Praveen Kankanawadi Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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1 - NC: 2024:KHC:51194 CRL.P No. 6564 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 6564 OF 2024

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BETWEEN:

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PRAVEEN KANKANAWADI S/O RAMACHANDRA KANKANAWADI AGED ABOUT 40 YEARS OCC: PRIVATE SERVICE R/AT HOUSE No. 1247, 13^TH CROSS DR. SHIVARAMA KARANTH NAGARA MCECHS LAYOUT PHASE- 1 BENGALURU – 560 077.

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…PETITIONER

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(BY SRI SATISH R GIRJI, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY DAVANAGERE WOMEN P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.

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SMT. INDUMATHI W/O PRAVEEN KANKANAWADI AGED ABOUT 40 YEARS OCC: WORKING IN A PRIVATE COMPANY R/O D. No. 3599/805 7^TH MAIN, 7^TH CROSS

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NC: 2024:KHC:51194 CRL.P No. 6564 of 2024

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M C C ‘B’ BLOCK DAVANAGERE – 577 004.

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…RESPONDENTS

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(BY SRI A VENKAT SATHYANARAYANA, HCGP FOR R1 R2 SERVED. UNREPRESENTED)

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THIS CRL.P IS FILED UNDER SECTION 407 Cr.P.C PRAYING TO TRANSFER C.C.No.2721/2021 PENDING BEFORE THE 2^ND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DAVANAGERE, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 504, 323, 114 R/W 34 OF IPC AND UNDER SECTION 3 AND 4 OF D.P. ACT, FILED BY THE RESPONDENT AGAINST THE PETITIONER BEFORE THE 2^ND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DAVANAGERE TO ANY MAGISTRATE COURT AT BENGALURU FOR TRIAL AND DISPOSAL AND ETC.,

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the petitioner seeking

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transfer of C.C. No. 2721/2021 pending on the file of II Additional Senior Civil Judge and JMFC, Davanagere to any Magistrate Court at Bengaluru.

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Petitioner is the husband and respondent is his wife. Respondent No.2 filed complaint against the petitioner and case came to be registered in Women Police

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3 - NC: 2024:KHC:51194 CRL.P No. 6564 of 2024

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Station, Davanagere in crime No. 99/2021 for offence under Sections 498A, 504, 323, 114 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act (hereinafter for the sake of brevity referred to as the D.P. Act). Petitioner has been arraigned as accused No. 1 in the said FIR. Accused Nos. 2 to 5 are other relatives of the petitioner. After investigation charge sheet came to be filed against petitioner – accused No.1 and accused Nos.2 to 5 who are relatives of the petitioner. Based on the charge sheet a case came to be registered against the petitioner in C.C. No. 2721/2021 and it is pending on the file of II Additional Senior Civil Judge and JMFC, Davanagere. Learned counsel for petitioner submits that proceedings in the said criminal case came to be quashed by this Court in Crl.P. No. 7781/2021 by order dated 23.08.2023 insofar as accused Nos. 2 to 5 are concerned.

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Transfer of the said criminal case is sought on the ground that respondent No. 2 is now working in Bengaluru and so also, the petitioner is working in Bengaluru. Petitioner had filed a petition under Section 9

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4 - NC: 2024:KHC:51194 CRL.P No. 6564 of 2024

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of the Hindu Marriage Act seeking restitution of conjugal rights on the file of Principal Senior Civil Judge, Gokak in M.C. No. 120/2022. Respondent No. 2 had sought transfer of the said M.C. No. 120/2022 to the Family Court, Bengaluru, in Civil Petition No. 365/2022. This Court noting that respondent No. 2 is working and residing in Bengaluru, transferred said M.C. No. 120/2022 from Court of Principal Senior Civil Judge, Gogak to Family Court, Bengaluru, by order dated 07.03.2024. Respondent No. 2, inspite of service of notice, did not choose to appear before this Court. Petitioner has made out grounds for transfer of C.C. No. 2721/2021 pending on the file of II Additional Senior Civil Judge and JMFC, Davanagere to Bengaluru.

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In the result, the following;

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O R D E R

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Petition is allowed. C.C. No. 2721/2021 pending on the file of II Additional Senior Civil Judge and JMFC, Davanagere is ordered to be withdrawn and transferred to the Court of Chief Judicial Magistrate, Bengaluru Urban

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NC: 2024:KHC:51194 CRL.P No. 6564 of 2024

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District, Bengaluru with a direction to assign the same to any other Additional Chief Judicial Magistrate, Bengaluru

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Urban District, Bengaluru.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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LRS List No.: 1 Sl No.: 24