IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.958 of 2013 BETWEEN:
Shri K.N. Shanth Kumar S/o late Sri. K.A. Nettakalappa, Aged about 52 years, Editor, Prajavani Daily News Paper, No.75, Mahatma Gandhi Road, Post Box No.5331, Bengaluru – 560 001. …Petitioner (By Sri. Sri. Sriranga, Advocate) AND:
1. Davalsaab S/o Malliksaab Nadaf, Aged about 32 years, Advocate, Residing at Harthi Village, Gadag Taluk, Gadag – 582 101.
2. Editor Vijaya Karnataka, M.N.S. Printers Private Limited, Plot No.15 & 16, KIADB, Rampura Industrial Area, Hubli – 580 009.
3. Shri Manjunath Bassappa Abbigere Editor and Owner of Kittur Karnataka News Daily, D.B.M. Alur Compound, New Bus Stand Road, Gadag – 582 101.
4. Shri Rajeevlochan S. Kidryooru Editor, Navoudaya News Daily Health Camp Gadag Betagere – 582 102.
5. Loka Shikshana Trust Samyuktha Karnataka Newspaper Represented by Shri. S.C. Gopal, Koppikar Road, Hubli – 580 020.
6. Editor TV-9 Kannada News Channel, No.13, Rhenius Street, Richmond Town, Bengaluru – 560 025.
7. Shri. Laxman Editor, Printer and Publisher Janabharathi Prakashan ® Hosadigantha News Daily Joshi Chambers, II-Floor, Near Joshi Petrol Bunk, Lamington Road, Hubli – 580 028.
8. Ananth Karkala State Executive Committee Member City Television, Gadag, Near Ganapathi Temple Masari, Gadag – 582 101.
9. T.S. Bandge General Secretary of District Correspondents Association, Sharanabasavanagar Betageri, Gadag – 591 233.
10. Sri. M.J. Kulkerni Co-Editor Kittur Karnataka News Daily, D.B.M. Alur Compound, New Bus Stand Road, Gadag – 582 101.
11. Ajith Hombale Editor, Owner, Printer and Publisher Of Nagarike News Daily, Gadag – 582 101.
12. Sri. Vishweshwara Bhat Editor-in-chief, M/s. Asia News Network Pvt. Ltd., Suvarna News 24*7, Kannada Television Channel, No.204, Embassy Square, 148, Infantry Road, Bengaluru – 560 001. ...Respondents (By Sri. S. Shankarappa, Advocate for R-1 Sri. Partha Mandal, Advocate for R-2 Ms. Vijaya M.N., Advocate for R-3, R-10 & R-11 Sri. Manmohan P.N., Advocate for R-5 Sri. Manu P. Kulkarni, Advocate for Poovayya and Company for R-12 R-6 and R-7 are served and unrepresented.
Sri. Chandrashekar P. Patil, Advocate for R-4, R-8 & R-9) This Criminal petition is filed under Section 407 of Cr.P.C. praying to transfer the criminal case No.845/2012 (P.C. No.37/2012) pending before the I Additional C.J. and J.M.F.C Court, Gadag to any Metropolitan Magistrate Court at the City of Bengaluru.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R In this petition, respondent No.1 has filed private complaint against the petitioner herein alleging commission of offences punishable under Sections 499, 500 and 109 of Indian Penal Code.
2. The complaint was filed in respect of the incident that is alleged to have taken place on 02.03.2012 at City Civil Court, Bengaluru, when a former Minister in the Cabinet of Karnataka Assembly was scheduled to be produced before the City Civil Court Complex. The said incident was telecasted by the accused persons depicting the advocates in bad light. Hence, the advocates of different Bar Associations throughout Karnataka filed complaints against the TV Channels and newspaper personnel seeking action under Sections 499, 500 and 109 of Indian Penal Code.
3. The accused No.4/petitioner sought transfer of the complaint to any one of the Courts in Bengaluru, under Section 407 of Cr.P.C. mainly on the ground that Advocates at different parts of the State had passed resolutions not to represent any of the petitioner/accused person in the aforesaid proceedings.
4. In a batch of such petitions, in Criminal Petition No.6264/2013 c/w Criminal Petition No.6107/2012 dated 25.06.2014, after hearing both the parties, this Court dismissed the petitions filed by the petitioners under Section 407 Cr.P.C. The said order was challenged before the Hon’ble Supreme Court of India in Transfer Petition (Crl.) No.284/2012 c/w Transfer Petition (Crl.) Nos.285/2012,
S.L.P. (Crl.) No.683/2015 and the Hon’ble Supreme Court dismissed the petitions vide order dated 30.04.2015 with the following observations:
“3. However, we hope and trust that the parties to this lis will sit together and make all efforts to settle small and petty differences that arose between them. We hope and presume that better sense would prevail on all the parties not to perpetuate the small differences hereafter.
4. If, for any reason, any one of the parties file an appropriate petition under Section 482 of the Code of Criminal Procedure, 1973 before the High Court for appropriate relief(s), the High Court would consider the same sympathetically.”
5. Following the above orders, the petition is dismissed.
Sd/- JUDGE MBM