#Karnataka High Court.

[seemabhatnagar]

"Teacher's Plea to Quash FIR Under POCSO Act Rejected: Court Emphasizes Need for Thorough Investigation"

The High Court dismissed the petition praying for the quashing of the FIR.

The Court noted that the complaint is more than horrendous, for the reason that the petitioner is a teacher; being a teacher it is indecorous on the part of the petitioner to have allegedly shot the videos and taken pictures of girl children at the time when they are changing their dress, the alleged offence is unpardonable, albeit prima facie. If this cannot become a crime, it is ununderstandable as to what else can be. It is for the petitioner to come out clean in a full blown trial, as any entertainment of the petition at this juncture, at the stage of registration of crime, would be putting a premium on the illegal activities of the petitioner/ teacher.

Background:

Muniyappa was employed as a drawing teacher at Morarji Desai Residential School. On December 15, 2023, the Joint Director of the Social Welfare Department received a complaint through the control room, alleging that Muniyappa had recorded videos and taken photographs of minor girls at the school while they were changing clothes. This led to the registration of FIR No. 209/2023 under Section 12 of the Protection of Children from Sexual Offences (POCSO) Act by the Masthi Police Station.

Legal Issue

Whether the FIR against Muniyappa under Section 12 of the POCSO Act should be quashed on the grounds of procedural irregularities and alleged malice.

Argument of the Parties

Petitioner's Argument

The investigation began unlawfully before the FIR was registered, violating legal procedures.

The complaint was motivated by personal vendetta because Muniyappa had earlier reported the misuse of school children for cleaning water and sewerage tanks.

The complaint contained corrections, indicating that it was fabricated to malign Muniyappa.

Respondents (State of Karnataka and the Joint Director, Social Welfare Department):

Muniyappa's actions constituted a clear offense under Section 12 of the POCSO Act.

The evidence, including videos and photographs on the seized mobile phones, confirmed the allegations.

The Petitioner-Muniyappa was not cooperating with the investigation, as he refused to unlock one of his mobile phones, which likely contained incriminating evidence.

Muniyappa recorded inappropriate videos and took photographs of the girls, which was substantiated by evidence from his mobile devices.

Court's Observation

The court noted the procedural concerns raised by Muniyappa but emphasized the seriousness of the allegations under the POCSO Act and the need for a thorough investigation to determine the truth.

It examined the sequence of events, including the timing of the complaint, the seizure of the mobile phones, and the registration of the FIR. The court considered the arguments regarding the tampering of the complaint and the handling of electronic evidence.

The court was cautious in considering the petitioner's argument about the complaint being fabricated, given the sensitive nature of the allegations involving minor students.

[stark-reading-mad]

It's me and my little notebook against the edifice of legal procedure

[todayworldnews2k21]

Karnataka HC grants interim bail to actor Darshan to undergo surgery for back pain

Actor Darshan Toogudeepa, arrested in connection of the murder of a fan, has decided to undergo surgery at a private hospital in Mysuru. | Photo Credit: File photo In a relief to Darshan, the High Court of Karnataka has granted interim bail to the actor for six weeks on medical grounds to enable him to undergo surgery for his back pain based on the medical reports given by a neurosurgeon of…

[jaagrukbharat]

Appeal Claiming 6 Lakhs In Maintenance From Husband Dismissed By Karnataka High Court

The Karnataka High Court recently heard an appeal arising out of a matrimonial dispute. The wife, who was the appellant in the present case demanded Rs 6 lakhs as monthly maintenance to maintain the living standards that she was used to in her matrimonial home.

Justice Lalitha Kanneganti, who was hearing the case, dismissed the appeal on the grounds of lack of reasonable justification for such a huge amount. The Judge also asked for more real and concrete details of her actual expenses.

[rightnewshindi]

मस्जिद में जय श्री राम के नारे लगाना 295ए के तहत अपराध नहीं, कर्नाटक हाई कोर्ट ने रद्द किया मामला

मस्जिद में जय श्री राम के नारे लगाना 295ए के तहत अपराध नहीं, कर्नाटक हाई कोर्ट ने रद्द किया मामला #News #NewsUpdate #newsfeed #newsbreakapp

Karnataka News: कर्नाटक हाईकोर्ट ने मस्जिद के अंदर ‘जय श्री राम’ के नारे लगाने के आरोप में दो लोगों के खिलाफ दर्ज आपराधिक मामले को खारिज कर दिया। कोर्ट ने कहा कि इससे किसी भी वर्ग की धार्मिक भावनाओं को ठेस नहीं पहुंची है। आपको बता दें कि कोर्ट का यह यह आदेश पिछले महीने पारित किया गया था। मंगलवार को वेबसाइट पर अपलोड किया गया। शिकायत के अनुसार, दक्षिण कन्नड़ जिले के दो लोग पिछले साल सितंबर में एक…

[thetaxguyin]

Landmark Decision by Karnataka High Court: Exclusion of Time Spent in Filing Appeal Before Wrong Authority

In a significant ruling, the Hon’ble Karnataka High Court delivered a verdict in the case of Sree Krishna Hot Dip Galvanizers v. State of Karnataka [Writ Petition No. 25648 of 2023 dated January 16, 2024], shedding light on the exclusion of time spent in preferring an appeal before the wrong authority while computing the limitation period. Key Facts: Sree Krishna Hot Dip Galvanizers (“the…

[kdsheladiya-blog]

Trial Court Can Exercise Power U/S 216 CrPC Suo Motu; Application By Prosecution/Accused To Alter Charges Not Maintainable: Karnataka HC

The Karnataka High Court held that only a trial Court can suo moto exercise power under Section 216 Cr.P.C and it cannot be exercised at the instance of an accused or the prosecution. The prosecution had filed an application under Section 216 Cr.P.C. to alter the charge against the accused from Section 304 Part II IPC to Section 304A IPC “at the fag end of the trial.” The said application was…

[udyogadeepa]

ಕರ್ನಾಟಕ ಹೈ ಕೋರ್ಟ್‌ ನೇಮಕಾತಿ | High Court Of Karnataka Recruitment 2023

ಹಲೋ ಸ್ನೇಹಿತರೆ, ಇಂದಿನ ಉದ್ಯೋಗ ಮಾಹಿತಿಗೆ ಎಲ್ಲರಿಗೂ ಸ್ವಾಗತ, ಕರ್ನಾಟಕ ಹೈ ಕೋರ್ಟ್‌ ನಲ್ಲಿ ಖಾಲಿ ಇರುವ ಹುದ್ದೆಗಳ ಭರ್ತಿಗೆ ಅರ್ಜಿಯನ್ನು ಆಹ್ವಾನಿಸಿದ್ದು, ಸರ್ಕಾರಿ ಹುದ್ದೆ ಹುಡುಕುತೀರುವವರಿಗೆ ಉತ್ತಮ ಅವಕಾಶವಾಗಿದೆ, ಈ ಹುದ್ದೆಗಳಲ್ಲಿ ಆಸಕ್ತಿ ಹೊಂದಿರುವ ಹಾಗೂ ಈ ನೇಮಕಾತಿಗೆ ಬೇಕಾದ ವಿದ್ಯಾರ್ಹತೆ, ವಯೋಮಿತಿ, ಅರ್ಜಿಶುಲ್ಕ ಹಾಗೂ ಇನ್ನು ಹಲವು ಮಾಹಿತಿಯನ್ನು ಅಧಿಸೂಚನೆಯಲ್ಲಿ ನೀಡಲಾಗಿದೆ ಅರ್ಜಿಸಲ್ಲಿಸುವ ಅಭ್ಯರ್ಥಿಗಳು ಸಂಪೂರ್ಣವಾಗಿ ಓದಿ ಅರ್ಜಿಸಲ್ಲಿಸಿ. ಹುದ್ದೆಯ ಹೆಸರು:…

[theancienttimesnews]

Courts should dispose of petitions for dissolution of marriage within a year: Karnataka High Court

Courts should make every effort to dispose of cases praying for dissolution of marriage within a maximum timeframe of one year, the Karnataka High Court recently said. [N Rajeev v. C Deepa] “When a matrimonial case involves the prayer for the dissolution/nullity of marriage, courts should make all efforts to try & dispose off the same within an outer limit of one year, so that in the event of…

[revenuefacts]

https://revenuefacts.com/sexual-assault-on-womans-dead-body-is-not-rape-karnataka-high-court-2/

[seemabhatnagar]

"Karnataka High Court Denies Travel Request of Chinese National Amidst Multiple Criminal Charges

In this case, the petitioner, a Chinese national seeking relaxation of bail conditions to travel to China, was dismissed.

Looking into the severity and multiplicity of charges, coupled with the risk of the petitioner fleeing and the inability to secure her return from China, the Court outweighed the personal reasons presented for travel. The potential impact on the ongoing investigation and trial integrity justifies denying the request.

Mrs Hu Xiaolin v. The State of Karnataka, M/s Razorpay Software Pvt. Ltd., Union Of India Ministry of External Affairs

Criminal Petition 455/2024

Before the High Court of Karnataka at Bengaluru

Heard by Hon’ble Mr. Justice M Nagaprasanna J

Fact

Mrs. Hu Xiaolin, a Chinese national married to an Indian citizen, was arrested for offences under section 420 IPC & Section 66D of the Information Technology Act.ed by the Cyber Crime Police Station, Bengaluru. She was charged with offenses under Section 420 of the IPC and Section 66D of the Information Technology Act. Her bail was granted with the condition that she cannot leave the jurisdiction of the court without prior permission. She sought relaxation of this condition to travel to China to visit her ailing father, which was denied by the Principal City Civil and Sessions Judge.

Legal Issue:

Whether the condition restricting the petitioner, a foreign national, from traveling abroad should be relaxed, considering her involvement in multiple criminal cases and her request to visit her ailing father in China.

Point of Argument:

Petitioner's Argument:

Despite multiple cases, no travel ban has been imposed in other instances.

Even the High Court of Kerala allowed her to travel to China in two other cases.

She argued that failing to permit travel would prevent her from being with her father in his last days.

Respondent's Argument:

The High Court Government Pleader emphasized the petitioner's involvement in seven crimes related to the 'Power Bank scam'.

The Deputy Solicitor General of India opposed the petition, arguing the petitioner and her husband have dubious backgrounds and manipulated their visa status many a times.

Allowing her to travel might result in her evading the law, making it difficult to ensure her return for trial.

Court's Observation:

The court noted the serious nature of the multiple crimes involving the petitioner and her husband.

It recognized the possibility of the petitioner fleeing justice if allowed to leave the country.

The court also referenced the stringent travel restrictions for criminal suspects under Chinese law.

[stark-reading-mad]

In the High Court of Karnataka, Dharwad Bench

Where time moves like honey

[pritiblog1992]

Can SC/ST Land Be Purchased

Purchase Of SC land

The Karnataka High Court ruled in a decision with far-reaching implications that Section 4(2) of the Karnataka SCs and STs, Prohibition of Transfer of Certain Lands Act, 1978, which barred the transfer of certain lands to SCs and STs, did not apply to the diversion of "granted lands" under Section 95 of the Karnataka Land Revenue (KLR) Act, 1964.

Furthermore, it noted that when lands allotted to Scheduled Castes and Scheduled Tribes are redirected for purposes other than farming, they no longer qualify as "given land" under the wording of the 1978 Act.

Purchasing SC/ST Property

The judgement came in response to a decision made by a single judge bench on the status of such lands by a Full Bench consisting of Justices Alok Aradhe, M. Nagaprasanna and Sachin Shankar Magadan. 

The requirement of receiving direct permission under Section 4(2) of the 1978 Act does not pertain to diverted lands, according to the Bench's interpretation of the provisions of the 1978 Act and the KLR Act of 1964, because the authorization must only be obtained in respect of "granted land," and the land on conversion ceases to be "granted land" after conversion.

[rightnewshindi]

कर्नाटक हाई कोर्ट के जज ने सुप्रीम कोर्ट से मांगी माफी, जानें किस मामले में हुई थी कार्यवाही

कर्नाटक हाई कोर्ट के जज ने सुप्रीम कोर्ट से मांगी माफी, जानें किस मामले में हुई थी कार्यवाही #News #Update #Trending #Info #RightNewsIndia #RightNews

Karnataka News: कर्नाटक हाई कोर्ट के जज जस्टिस श्रीशानंद ने अपनी विवादित टिप्पणी को लेकर सुप्रीम कोर्ट से बिना शर्त माफी मांगी है। सुप्रीम कोर्ट में दायर माफीनामे में जस्टिस श्रीशानंद ने कहा है कि उनके बयान को गलत संदर्भ में पेश किया गया। उनका इरादा किसी की भावनाओं को आहत करने का नहीं था। सुप्रीम कोर्ट ने कहा कि हमें ये देखना होगा कि जस्टिस श्रीशानंद ने खुली अदालती कार्यवाही में माफी मांगी है।…

[newzzwired]

Xiaomi's Appeal for Relief Over $676 Million Asset Freeze Declined by Karnataka High Court

Xiaomi’s Appeal for Relief Over $676 Million Asset Freeze Declined by Karnataka High Court

An Indian court on Thursday declined to lift a freeze on Xiaomi’s $676 million (nearly Rs. 5,500 crore) worth of assets, even as the Chinese smartphone group said this enforcement action had “effectively halted” its operations in its key Indian market. India’s federal financial crime agency, the Enforcement Directorate (ED), froze Rs. 5,551 crore of Xiaomi assets in April, alleging the company…

[frithwontdie]