Kanthi H Bhat vs The State Of Karnataka
2024 Latest Caselaw 25897 Kant

Citation : 2024 Latest Caselaw 25897 Kant
Judgement Date : 23 October, 2024

Karnataka High Court

Kanthi H Bhat vs The State Of Karnataka on 23 October, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                              NC: 2024:KHC:42530
                                                          CRL.P No. 8585 of 2024




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 23RD DAY OF OCTOBER, 2024

                                              BEFORE
                            THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                              CRIMINAL PETITION NO. 8585 OF 2024
                     BETWEEN:

                     KANTHI H.BHAT
                     W/O HARIKRISHNA BHAT
                     AGED ABOUT 42 YEARS
                     "ANUGRAHA", NO.58
                     KHAJANE LAYOUT, KOTEGONGUR
                     SHIVAMOGGA PIN - 577 203.
                                                                   ...PETITIONER
                     (BY SRI. MAHABALESHWARA RAO K. N., ADVOCATE)

                     AND:

                    THE STATE OF KARNATAKA
                    RURAL POLICE STATION
                    SHIVAMOGGA
Digitally signed by BY ITS STATION HOUSE OFFICER
KAVYA G             AND POLICE INSPECTOR
Location: High      PIN - 577 201.
Court of Karnataka
                                                                  ...RESPONDENT
                     (BY SRI B.N.JAGADEESHA, ADDL. SPP)

                           THIS CRL.P IS FILED U/S 482 OF THE CR.P.C (FILED U/S
                     528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED
                     30.03.2024 IN C.C.NO.1036/2020 ON THE FILE OF THE J.M.F.C
                     III SHIVAMOGGA IN SO FAR AS IT RELATES PERMISSION TO
                     PROSECUTE THE CASE ON BEHALF OF COMPLAINANT ALONG
                     WITH LEARNED ASSISTANT PUBLIC PROSECUTOR AND
                     CONSEQUENTLY GRANT PERMISSION TO THE PETITIONER TO
                     PROSECUTE THE CASE BY HER INDEPENDENT ADVOCATE ON
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                                                NC: 2024:KHC:42530
                                           CRL.P No. 8585 of 2024




HER BEHALF BEING THE COMPLAINT INDEPENDENTLY AND
EXCURSIVELY.

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


CORAM:      HON'BLE MR JUSTICE M.NAGAPRASANNA


                           ORAL ORDER

The petitioner is before this Court calling in question an

order dated 30.03.2024, passed by the JMFC - III,

Shivamogga, in C.C.No.1036/2020, whereby, the concerned

Court partly allows an application filed under Section 302 of the

Cr.P.C. by granting permission to the independent counsel

indicated in the application to assist the Additional Public

Prosecutor in conducting the prosecution, whereas, the

petitioner - complainant sought permission to appear through a

private counsel to defend her case independently.

2. Heard Sri Mahabaleshwara Rao K.N., learned counsel

for petitioner and Sri B.N.Jagadeesha, learned Additional State

Public Prosecutor for the respondent.

NC: 2024:KHC:42530

3. Learned counsel for the petitioner submits that the

concerned Court has granted permission to the counsel

indicated in the application only to assist the Additional Public

Prosecutor to prosecute the case and not granted any

permission to independently defend the case of the petitioner.

He would place reliance upon the judgment rendered by the

Apex Court in the case of AMIR HAMZA SHAIKH AND

OTHERS VS. STATE OF MAHARASHTRA AND ANOTHER

reported in (2019) 8 SCC 387.

4. The order of the concerned Court dated 30.03.2024

reads as follows:

::ORDER::

It is the Charge sheet filed by the Investigation Officer of Rural police station, Shivamogga against the accused No.1 to 5 Under sections 143,147,447,504, 323, 324, 354(B), 506 R/w Sec.149 Indian Penal Code. After taking cognizance this Court has framed charges against accused No 1 to 5 the case is posted for evidence from prosecution side Court has issued summons to CW.1 and CW.2/ Now the informant/complainant come up with the application under Section 302 of Cr.P.C. seeking permission to appear through private counsel and she seeks permission to appoint a private counsel mentioned in her application to conduct the case on her behalf.

Per contra learned Assistance Public Prosecutor filed objection, he submits that he has taken all

NC: 2024:KHC:42530

necessary actions as per law to conduct the case, hence prays to reject the application.

I have perused the application she has not made any allegation against the Assistant Public prosecutor she only contended that the counsel mentioned in application is well known counsel he has conducted many number of criminal cases and he has good experience, therefore she wants to appoint the said advocate on her behalf.

She has filed decision of Hon'ble Supreme Court of India in Dhariwal Industries Ltd., V/s Kishore Wadhwani and others in this case the Hon'ble Supreme Court held that: as per section 302 of Cr.P.C. power is conferred on the Magistrate to grant permission to the complainant to conduct the prosecution independently.

As there is no allegation made against the leRaned Assistant Public Prosecutor with respect of conducting of the prosecution. It is just to permit the independent counsel to assist learned APP to Prosecute the case on behalf of co-complainant. Accordingly, I proceed to pass as follows;

::ORDER::

Application filed by the complainant partly allowed.

Counsel by name Sri. Ashok G Bhatt is hereby permitted to prosecute the case on behalf complainant along with learned Assistant Public Prosecutor. Issue W/s to cw 1 and 2 Call on 22/5/24

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