Karnataka High Court
Krishna @ Kitty vs State Of Karnataka on 7 June, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC:19816
CRL.P No. 4995 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 4995 OF 2024
BETWEEN:
KRISHNA @ KITTY
S/O KARIYAPPA
AGED ABOUT 32 YEARS
PRESENTLY RESIDING AT
LAKSHMAN NAGAR, NEELAGIRI TOPU
SUNKADAKATTE, BANGALORE - 577 217.
PERMANENTLY R/AT
THIBBANAHALLI, DEVALAPURA HOBLI
NAGAMANGALA TALUK MANDYA - 571 432.
Digitally signed by ...PETITIONER
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH (BY SRI VISHNUMURTHY, ADVOCATE)
COURT OF
KARNATAKA
AND:
STATE OF KARNATAKA
BY HULIYURU DURGA P S
REP BY SPP, HIGH COURT OF KARNATAKA
BANGALORE - 560 009.
...RESPONDENT
(BY SRI B LAKSHMAN, HCGP)
THIS CRL.P IS FILED U/S.407 CR.P.C PRAYING TO
TRANSFER THE CASE IN S.C.No.52/2021 OF HULIYURUDURGA
P.S., FOR AN OFFENCE P/U/S 302, 201, 120-B OF IPC WHICH
IS PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE, TUMAKURU TO HON'BLE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, TUMAKURU AND DIRECT
THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE,
-2-
NC: 2024:KHC:19816
CRL.P No. 4995 of 2024
TUMAKURU TO DISPOSE THE ABOVE CASE ON MERITS IN
ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. This petition is filed under Section 407 of Cr.P.C,
seeking transfer of S.C.No.52/2021, pending on the file of
the II Additional District and Sessions Judge, Tumakuru to
the I Additional District and Sessions Judge, Tumakuru.
2. Heard learned counsel for the petitioner and learned
High Court Government Pleader for the respondent -
State.
3. Learned counsel for the petitioner would contend that
the entire trial of the case has been conducted by the
Presiding Officer of the II Additional District and Sessions
Judge, Tumakuru and now, the said Presiding Officer has
been transferred to the I Additional District and Sessions
Judge, Tumakuru. He further contends that the accused is
in judicial custody. As the entire evidence is recorded by
the Presiding Officer, including recording the statement
NC: 2024:KHC:19816
under Section 313 Cr.P.C, it is the said Presiding Officer
who is required to dispose of the said Sessions case after
hearing the arguments of the parties.
4. Perusal of the records would indicate that
now the Sessions case is posted for arguments. The
Presiding Officer who has recorded the evidence and the
statement under Section 313 of Cr.P.C, has now been
transferred and posted in the same station as I Additional
District and Sessions Judge, Tumakuru. As the said
Presiding Officer is available in the same station, under the
law, it is better and advisable that the said Presiding
Officer to hear the arguments and pass the judgment in
the said case. The petitioner has made out a case for
transfer as sought for. In the result, the following;
ORDER
(i) The petition is allowed.
(ii) Sessions Case No.52/2021 pending on the
file of the II Additional District and
Sessions Judge, Tumakuru is ordered to be
NC: 2024:KHC:19816
transferred to the Court of the I Additional
District and Sessions Judge, Tumakuru for
disposal in accordance with law.
Sd/-
JUDGE
GH
