IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7783/2018 Between:
Shamaraj @ Tankasali Shamaraja Hemadreppa S/o Late Hemadreppa, Aged about 58 years, No.21, 2nd Floor, “Sampada” Goudar Colony, Nagashetty Village, Sanjay Nagar, R M V 2nd Stage, Bengaluru – 560 090. ... Petitioner (By Sri.Imran Pasha, Advocate) And:
Shri.Mallappa S/o Siddappa Bijakal, Aged about 29 years, R/o. Tondihal, Taluk – Hunugund, Dist Bagalkot – 587125. ... Respondent This Criminal Petition is filed under Section 407 of Cr.P.C praying that this Hon’ble Court may be pleased to transfer the case bearing No.C.C.No.713/2017, from the file of Additional Civil Judge and JMFC, Hungund to any other Court of equal jurisdiction at Bengaluru and etc.
This Criminal Petition coming for orders this day, the Court made the following:
O R D E R Though matter is listed for orders, by consent of learned counsel appearing for petitioner, it is taken up for final disposal.
2. Since prayer sought for in this petition is to transfer C.C.No.713/2017 pending on the file of Additional Civil Judge and JMFC, Hungund. On perusal of records, it would disclose that petitioner has sought for transfer of above said proceedings from Hungund to Bengaluru on the ground that petitioner was admitted to Sri Shankara Cancer Hospital and Research Centre, Bengaluru and Consultant Neurosurgeon by Certificate dated 18.09.2018 at Annexure-H has advised that petitioner should avoid traveling for long distances in the next one year.
3. The proceedings which is pending before trial Court relates to alleged offences said to have been committed by petitioner punishable under Section 138 of NI Act. In that view of matter, it would suffice if liberty is granted to petitioner to approach jurisdictional Magistrate seeking permanent exemption except on the dates of recording 313 statement and tendering defence evidence if any. In the event of such an application being filed, learned trial judge shall sympathetically consider the same taking into consideration the medical records that would be placed before said Court and necessarily after hearing respondent/complainant.
4. With these observations, this petition stands disposed of.
SD/- JUDGE NBM