IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.7099 OF 2019 Between:
1. Smt. Ujwala Sambhaji Patil, W/o late Sri Sambhaji Patil, Age: 50 years, Occ: House Wife, R/o Benalli (Benakanahalli) Gram, Tq and Dist: Belagavi – 591 108.
2. Smt. Sandhya Nitin Paranulkar, Age: 35 years, Occ: House Wife, R/o H.No.228, Shahapur, Khade Bazar Dist: Belagavi – 590 003.
3. Kishore @ Nandu Kishore Bandedkar, Age: 49 years, Occ: Service, R/o 2nd Cross, Flat No.478 Chennamma Nagar, Dist: Belagavi – 590 006.
(By Sri.Vijay N. Hiremath, Advocate) And:
1. The State of Karnataka, Represented by Public Prosecutor, Bengaluru – 560 001.
…Petitioners 2. Nithin Pandurang Paranulkar, Age:37 years, Occ: Service, R/o H.No.22/1, Shahapur, District: Belagavi -590 003.
3. Appasaheb Baburao Poojari, Age: 45 Years, Occ: Social Work, R/o H.No.491, Rama Devgalli, Vadagaon, District: Belagavi – 590 005.
4. Smt. Madhushri Appasaheb Poojari, Age 38 years, Occ: House Wife R/o H.No.491, Rama Devgalli, Vadagaon District: Belagavi – 590 005.
5. Sanju Arjun Satheri, Age 46 years, Occ: Business, R/o Tanaji Galli, Majagaon, District: Belagavi – 591 108.
6. Sanjaya Mallappa Shinde, Age: 54 years, Occ: Business, R/o H.No.1535, Shahapur, District: Belagavi – 590 003.
(By Sri.R.D.Renukaradhya, HCGP for R1; R2 – R6 are served) ...Respondents This Criminal Petition is filed under Section 407 of Cr.P.C. praying to transferred from Hon’ble LXXXI Additional City Civil and Sessions Judge, Bengaluru (CCH – 82) Court to Hon’ble II JMFC Court, Hubballi in Spl.C.C.No.334/2018.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER The respondent Nos.2 to 6 are served and unrepresented.
2. The matter relates to transfer of Spl.C.C.No.334/2018 from LXXXI Additional City Civil and Sessions Judge, Bengaluru (CCH-82) to II JMFC, Hubballi.
3. During the pendency of the criminal proceedings, accused No.2 – late Sambhaji Laxman Patil, who was the member of the legislative assembly, died. The matter was being heard by the Special Court – LXXXI Additional City Civil Judge and Sessions Judge, Bengaluru.
4. Having regard to the fact that accused No.2 is no more, the matter can be heard by the jurisdictional Court at Belagavi, even though, the petitioner has sought for transfer of Spl.C.C.No.334/2018 from Bengaluru to Hubballi, since the parties are residents of Taluk and District Belagavi, therefore, Spl.C.C.No.334/2018 is transferred to Principal District and Sessions Judge, Belagavi to allot before appropriate Court.
5. The parties are directed to approach the jurisdictional Court for further proceedings.
With the above observations and directions, the petition stands disposed of.
In view of the disposal of the main petition, I.A.No.1/2019 does not survive for consideration. Accordingly, the same is disposed of.
Sd/- JUDGE dn/-