IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.2128 OF 2017 BETWEEN:
1. Sri.G.M.Kumar, S/o Gangadharappa, Aged about 39 years, Editor, BTV Kannada News Channel, C/o Eaglesight Media, Private Limited, No.31/1-2, Crescent Towers, Crescent Road, Bangalore – 560 001.
2. Sri.Chandan Sharma, S/o Venugopal Subbaiah, Aged about 30 years, Anchor, BTV Kannada News Channel, C/o Eaglesight Media, Private Limited, No.31/1-2, Crescent Towers, Crescent Road, Bangalore – 560 001. … Petitioners (By Sri.Shanthi Bhushan.H, Advocate) AND:
Hanumantha Raju, S/o Padmaiah, Aged about 40 years, Residing at Siddappa Layout, Kengeri Road, Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore – 562 130. … Respondent (By Sri. Shivakumar.N, Advocate for Sri. Arvind B Patil, Advocate) This Criminal Petition is filed under Section 407 of Cr.P.C., praying to transfer the case PCR No.130/2016 pending on the file of the Civil Judge and JMFC, Magadi, Ramanagara District to any A.C.M.M., Bangalore to dispose of the same in accordance with law.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri.Shanthi Bhusan.H, learned counsel for the petitioners.
Sri.Shivakumar.N, learned counsel for Sri.Arvind B. Patil, learned counsel for the respondent.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Section 407 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’ for short), the petitioners inter alia seek transfer of PCR No.130/2016 registered as C.C.No.589/2016 pending on the file of Hon’ble Civil Judge and JMFC, Magadi, Ramanagaram District to any Additional Chief Metropolitan Magistrate, Bengaluru to dispose of the same in accordance with law.
3. The facts giving rise to filing of this petition briefly stated are that petitioner No.1 is the Managing Director of BTV Kannada News Channel and petitioner No.2 is an Anchor of BTV Kannada News Channel. The aforesaid news channel has telecasted an episode on 06.11.2016, with regard to complaints filed before the Land Grabbing Prohibition Special Court, Bengaluru by accused No.1. The aforesaid fact was telecasted and a discussion was held by a panel along with one Hemanth Raju, Mahendra Javaraiah and family members. During the course of the panel discussion, certain people expressed their views with regard to land grabbing, some expressed their anger and also expressed their appreciation for the news channel. The respondent thereafter lodged a complaint on 28.11.2016 for the offence punishable under Sections 499, 500, 501 and 502 of Indian Penal Code, 1860 in the Court of Civil Judge and JMFC, Magadi, Ramanagaram District. In the aforesaid factual background, the petitioners have approached this Court.
4. Learned counsel for the petitioners submitted that as and when the petitioners have visited the Court at Magadi in Ramanagaram District, they have been extended threat by farmers including the respondent and they have apprehension to their safety. It is further submitted that the respondent is a resident of Tavarekere and the distance between Tavarekere and Magadi is 26 kms and similarly distance between Tavarekere and Bengaluru is 26 kms. Therefore, it is submitted that, bearing in mind the safety of the petitioners, the proceedings pending before the learned Civil Judge and JMFC, Magadi, Ramanagaram District be transferred to the Court of competent jurisdiction at Bengaluru.
5. On the other hand, learned counsel for the respondent has opposed the prayer made by learned counsel for the petitioners and submits that no threat was extended to the petitioners at any point of time. It is also pointed out that no complaint has been filed by the petitioners with regard to the threat, which is allegedly extended to them.
6. I have considered the submissions made on both sides. Perused the records.
7. Admittedly, respondent is not the resident of Magadi, Ramanagaram District. He is the resident of Tavarekere, which is situated at a distance of 26 kms from Magadi. The distance between Tavarekere and Bengaluru is also 26 kms. Therefore, no inconvenience would be caused to the respondent, if the proceedings are transferred to the Court of competent jurisdiction at Bengaluru.
8. In view of the preceding analysis, it is directed that the proceedings pending before the Principal Civil Judge and JMFC, Magadi, Ramanagaram District registered as C.C.No.589/2016 shall stand transferred to the Court of Principal District Judge, Bengaluru, who shall assign the same to the Court of competent jurisdiction at Bengaluru.
9. Needless to state that the petitioners shall appear before the learned Magistrate on each and every date of hearing and shall not seek any unnecessary adjournments and shall co-operate with the proceedings before the learned Magistrate for early disposal of the same.
With the aforesaid directions, the petition is disposed of.
Sd/- JUDGE dn/-