IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.366 OF 2013 C/W CRIMINAL PETITION NO.5627 OF 2012 CRIMINAL PETITION NO.6832 OF 2012 CRIMINAL PETITION NO.7547 OF 2012 IN CRIMINAL PETITION NO.366 OF 2013 BETWEEN:
1. SRI K N TILAK KUMAR S/O LATE SRI K A NETTAKALAPPA AGED ABOUT 61 YEARS EDITOR, DECCAN HERALD DAILY NEWSPAPER # 75, MAHATMA GANDHI ROAD POST BOX NO. 5331 BANGALORE-560001 2. SRI S I PRASANNA KUMAR S/O H I SHIVANAND AGED ABOUT 44 YEARS PRINTER & PUBLISHER, DECCAN HERALD NEWSPAPER # 515-516, SHRAMAJEEVI COMPLEX P B ROAD, DAVANAGERE-577002 ... PETITIONERS (BY SRI: S.S.NAGANANDA SENIOR COUNSEL FOR SRI: S SRIRANGA, ADVOCATE) AND 1. SRI SHRINIVAS S/O VITHAL KONDAGULI AGED 32 YEARS ADVOCATE AND AGRICULTURIST NO.63, MANIKYA NILAYA JAI SANTOSHI MATHA TEMPLE ROAD JALAHAGAR, BIJAPUR-586112 2. SRI A C GOPAL PRINTER AND PUBLISHER SAMYUKTA KARNATAKA DAILY NEWSPAPER THE LOK SHIKSHANA TRUST AT SAMYUKTA KARNATAKA PRESS KOPPIKAR ROAD HUBLI-580020 3. SRI MAHENDRA MISHRA CHANNEL HEAD TV-9, KANNADA NEWS CHANNEL # 13, RHENIUS STREET RICHMOND TOWN BANGALORE-560025 4. SRI VISHWESHWEARA BHATT EDITOR-IN-CHIEF M/S ASIA NEWS NETWORK PVT LTD SUVARNA NEWS 24X7 KANNADA TELEVISION CHANNEL # 204, EMBASSY SQUARE 148, INFANTRY ROAD BANGALORE-560001 5. THE DIRECTOR PUBLIC TV KANNADA CHANNEL 4TH FLOOR, BMTC COMPLEX YESHWANTHPUR CIRCLE YESHWANTHPUR BANGALORE-560022 6. THE DIRECTOR M/S KASTHURI MEDIA PVT LTD KASTHURI NEWS 24X7 # 12 & 12/1, KASTURBA ROAD BANGALORE-560001 7. THE DIRECTOR SAMAYA 24X7 KANNADA NEWS CHANNEL 5TH FLOOR, CHANDRA KIRAN BUILDING KASTURBA ROAD BANGALORE-560001 ... RESPONDENTS (R1-SERVED AND UNREPRESENTED;
VIDE ORDER DATED 30.01.2013 NOTICE TO R2 TO R7 DISPENSED WITH.) THIS CRIMINAL PETITION IS FILED U/S.407 CR.P.C PRAYING TO TRANSFER THE CRIMINAL CASE NO.560/12 (PC NO.89/12) PENDING BEFORE THE COURT OF THE PRL.C.J., (JR.DN.) AND JMFC, BIJAPUR TO ANY METROPOLITAN MAGISTRATE COURT IN THE CITY OF BANGALORE.
IN CRIMINAL PETITION NO.5627 OF 2012 BETWEEN:
SHRI K N SHANTH KUMAR S/O LATE SRI K A NETTAKALAPPA AGED ABOUT 52 YEARS EDITOR, PRAJAVANI DAILY NEWS PAPER, #75, MAHATMA GANDHI ROAD POST BOX NO. 5331, BANGALORE-560001 ... PETITIONER (BY SRI: S.S.NAGANANDA, SENIOR COUNSEL FOR SRI: S SRIRANGA, ADVOCATE) AND:
1. SHIVAKUMAR S/O BASAPPA DODDURU AGED ABOUT 46 YEARS R/O MRUTUNJAYANAGAR 5TH CROSS, RANEBENNUR DIST HAVERI-581115.
2. NEWS EDITOR SUVARNA 24 X 7, # 204 EMBASSY SQUARE, 148 INFANTRY ROAD BANGALORE 3. NEWS EDITOR TV-9, # 13, RHENIUS STREET CIVIL STATION OPPOSITE HOCKEY STADIUM RICHMOND TOWN BANGALORE-25 4. NEWS EDITOR JANASHREE, # 411, 5TH & 6TH FLOOR SALAPURIA TOWER-1, HOSUR ROAD KORAMANAGARA BANGALORE-95 5. NEWS EDITOR KASTURI MEDIA PRIVATE LIMITED # 12 & 12/1, KASTURIBA ROAD BANGALORE-01 6. NEWS EDITOR E-TV, # 9/7, KEN BHAVAN YAMMUNABAI ROAD MADHAVA NAGAR BANGALORE-01 7. NEWS EDITOR UDAYA TV, # 9, GROUND FLOOR MARATHA BHAVAN, BRUNTON ROAD MG ROAD, BANGALORE-25 8. NEWS EDITOR PUBLIC T V, 4TH FLOOR BMTC COMPLEX, YESHWANTHPUR CIRCLE, YESHWANTPUR BANGALORE-22 9. NEWS EDITOR SAMYUKTHA KARNATAKA # 25, BANK ROAD, KOPPIKAR ROAD HUBLI-20 10. CHIEF EDITOR KANNADA PRABHA, # 1, AMBEDKAR VEEDHI, BANGALORE-01 11. CHIEF EDITOR PANDAVA NEWS DAILY BHARATI PRINTING PRESS NEAR KARNATAKA SANGHA STATION ROAD, RANEBENNUR 12. CHIEF EDITOR VIJAYA KARNATAKA GIRI RAJ ANNEXE, 1ST FLOOR CIRCUIT HOUSE ROAD, HUBLI-580029 13. CHIEF EDITOR UDAYAVANI NEW DAILY # 201/202, KUNDGOL COMPLEX COURT CAMPUS, HUBLI-580029.
... RESPONDENTS (R1 TO R13 SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S.407 CR.P.C PRAYING TO TRANSFER THE CRIMINAL COMPLAINT NO.367/2012 (P.C.NO.41/2012) PENDING BEFORE THE ADDL. CIVIL JUDGE & II ADDL. J.M.F.C., RANEBENNUR TO ANY METROPOLITAN MAGISTRATE COURT AT THE CITY OF BANGALORE.
IN CRIMINAL PETITION NO.6832 OF 2012 BETWEEN:
1. SHRI K N SHANTH KUMAR S/O LATE SRI K A NETTAKALAPPA AGED ABOUT 52 YEARS EDITOR, PRAJAVANI DAILY NEWS PAPER # 75, MAHATMA GANDHI ROAD POST BOX NO. 5331, BANGALORE-560001 2. B A RAVI PUBLISHER, PRAJAVANI DAILY NEWSPAPER AT CTS NO. 17/1B VIDYA NAGAR P B ROAD, HUBLI-507221.
... PETITIONERS (BY SRI: S.S.NAGANANDA, SENIOR COUNSEL FOR SRI: S SRIRANGA, ADVOCATE) AND:
1. K R NAGAR BAR ASSOCIATION K R NAGAR TOWN REPRESENTED BY ITS PRESIDENT AND SECRETARY 2. SRI RAVI HEGDE EDITOR AND PUBLISHER UDAYAVANI DAILY NEWS PAPER ANIPAL MEDIA AND NETWORK LTD NO. 201, MANIPAL CENTRE,# 47 DICKINSON ROAD, BENGALURU-560001.
3. SRI D MAHADEVAPPA EDITOR IN CHIEF PRAJANUDI DAILY NEWS PAPER BOGADI ROAD, MYSORE-570001.
4. SRI VASU, PUBLISHER PRAJANUDI DAILY NEWS PAPER ON BEHALF OF BHAGYANJALI PUBLICATIONS PVT LTD., NO. 44/3, VANIVILAS DOUBLE ROAD, NEAR RTO CIRCLE LAKSHMIPURAM,MYSORE-570001.
5. SRI E RAGHAVAN, EDITOR VIJAYAKARNATAKA NEWS PAPER # 78, D DEVARAJA URS ROAD MYSORE-570001 6. SRI RAJASHEKARA KOTHI EDITOR, ANDHOLANA DAILY NEWS PAPER ANDHOLANA MUDRANA, # 38/C-1 INDUSTRIAL SUBURB, 2ND STAGE MYSORE SOUTH, MYSORE-570008 7. SRI K B GANAPATHI EDITOR IN CHIEF MYSOORU MITHRA DAILY NEWS PAPER 15-C, INDUSTRIAL "A" LAYOUT BANNIMANTAP, MYSORE-570015 8. SRI VISHWESHWAR BHATT KANNADA PRABHA DAILY NEWS PAPER NO.1, QUEENS ROAD BANGALORE-560001 9. SRI K SANKARAN NAYAR PRINTER AND PUBLISHER KANNADA PRABHA PUBLICATION LTD AT EXPRESS PRESS, NO.1 QUEENS ROAD, BANGALORE-560001 ... RESPONDENTS (BY SRI: SUBRAMANYA R, ADVOCATE FOR R3,4,& 7; SMT: NALINA MAYEGOWDA, ADVOCATE FOR R8; R1,R2 & R6 ARE SERVED AND UNREPRESENED; VIDE ORDER DATED 22.6.2015, NOTICE TO R9 IS DISPENSED WITH; & R5 DEAD) THIS CRIMINAL PETITION IS FILED U/S.407 CR.P.C PRAYING TO TRANFER THE CRIMINAL COMPLAINT NO.573/2012 (P.C.R.NO.80/2012) PENDING BEFORE THE COURT OF C.J. & J.M.F.C. COURT, KRISHNARAJANAGAR TO ANY METROPOLITAN MAGISTRATE COURT AT THE CITY OF BANGALORE.
IN CRIMINAL PETITION NO.7547 OF 2012 BETWEEN:
1. SHRI. TILAK KUMAR S/O LATE SRI K A NETTAKALAPPA AGED ABOUT 61 YEARS EDITOR DECAN HERALD NEWS PAPER #75, MAHATMA GANDHI ROAD POST BOX NO.5331, BANGALORE-560001 2. SHRI K N SHANTH KUMAR S/O LATE SRI K A NETTAKALAPPA AGED ABOUT 52 YEARS EDITOR, PRAJAVANI DAILY NEWS PAPER #75, MAHATMA GANDHI ROAD POST BOX NO.5331 BANGALORE 560 001 ... PETITIONERS (BY SRI: S.S.NAGANANDA, SENIOR COUNSEL FOR SRI: S SRIRANGA, ADVOCATE) AND 1. K.S. SUNIL KUMAR AGED ABOUT 31 YEARS S/O SHRI K SHIVAKUMAR ADVOCATE, RESIDING AT #321 16TH CROSS, 3RD MAIN, ARAVIND NAGAR MYSORE 570 001 2. T V - 9 KANNADA #13, RHENIUS STREET RICHMOND TOWN BANGALORE 560025 REPRESENTED BY ITS CHANNEL HEAD 3. NEWS EDITOR SUVARNA 24X7, #204, EMBASSY SQUARE, 148 INFANTRY ROAD, BANGALORE 4. NEWS EDITOR KASTURI, MEDIA PRIVATE LIMITED #12 & 12/1, KASTURBA ROAD BANGALORE 01 5. NEWS EDITOR UDAYA TV, #9, GROUND FLOOR MARATHA BHAVAN, BRUNTON ROAD M G RAOD, BANGALORE 25 6. NEWS EDITOR JANASHREE, #411, 5TH & 6TH FLOOR SALAPURIA TOWER-1, HOSUR ROAD KORAMANGALA, BANGALORE 95 7. NEWS EDITOR PUBLIC T V , 4TH FLOOR BMTC COMPLEX, YESHWANTHPUR CIRCLE, YESHWANTPUR BANGALORE 22 8. NEWS EDITOR E-TV, #9/7, KEN BHAVAN YAMMUNABAI ROAD MADHAVA NAGAR BANGALORE 01 9. NEWS EDITOR SAMAYA 24X7 KANNADA NEWS CHANNEL #10/A, 5TH FLOOR CHANDRAKIRANA BUILDING KASTURBA ROAD BANGALORE 560 001 10. NEWS EDITOR NEWS - 9 ENGLISH NEWS CHANNEL #13, RHENIUS STREET RICHMOND TOWN, CIVIL STATION BANGALORE 560025 11. NEWS EDITOR INDIAN EXPRESS ENGLISH NEWS PAPER #1, AMBEDKAR VEEDHI BANGALORE 560 001 12. NEWS EDITOR THE TIMES OF INDIA ENGLISH NEWS PAPER #40/12, II-FLOOR FNB TOWERS M G ROAD BANGALORE 560 001 13. NEWS EDITOR THE HINDU ENGLISH NEWS PAPER #1, AMBEDKAR VEEDHI BANGALORE 560 001 14. NEWS EDITOR VIJAYA KARNATAKA #4, PAMPA MAHAKAVI ROAD CHAMARAJAPET BANGALORE 560018 15. NEWS EDITOR KANNADA PRABHA NEWSPAPER NO.1, QUEENS ROAD BANGALORE 560001 16. NEWS EDITOR UDAYAVANI NEWSPAPER MANIPAL MEDIA AND NETWORK LTD., NO.201, MANIPAL CENTRE NO.47, DICKENSON ROAD BANGALORE 560042 17. NEWS EDITOR SANJE VANI KANNADA NEWS PAPER HONEY HOUSE #11/2, QUEENS ROAD BANGALORE 560052 18. NEWS EDITOR E SANJE NEWS PAPER KANNADA NEWS PAPER #2/4, DR RAJKUMAR ROAD RAJAJINAGAR BANGALORE 560010 ... RESPONDENTS (BY SMT : NALINA NAYEGOWDA, ADVOCATE FOR R3 &15 SRI.K. DIWAKARA, ADVOCATE FOR R7, SRI.C.VIJAYAKUMAR, ADVOCATE FOR R18 R1,R2,R4,R5,R6,R8,R9,R10,R11,R12,R13,R14,R16 & R17 ARE SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S.407 CR.P.C PRAYING TO TRANSFER THE CRL.COMPLAINT NO.1042/12 (PCR NO.536/12) ON THE FILE OF THE V ADDL. I. C.J. & JMFC., MYSORE TO ANY METROPOLITAN MAGISTRATE COURT IN THE CITY OF BENGALORE.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R In all these petitions, the respective respondents have filed private complaints against the petitioners herein alleging commission of offences punishable under sections 499, 500 and 501 of Indian Penal Code.
2. The complaints were filed in respect of the incident that is alleged to have taken place on 2.3.2012 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 501 of Indian Penal Code.
3. The accused persons sought transfer of all these complaints 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 petitioners/accused persons 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, 289/2012, 291/2012,
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 petitions are dismissed.
Sd/- JUDGE Bss