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Judgments of Supreme Court of India and High Courts

Naganna vs Raju on 29 October, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29th DAY OF OCTOBER 2018

BEFORE

THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

CRIMINAL PETITION No.6682 OF 2016

Between:

Naganna,
S/o Late Gundachar,
Aged about 48 years,
Mudagandhoor Grama,
Mandya District – 571 401
…Petitioner

(By Smt. Mamatha Shetty, Advocate)

And:

1. Raju,
S/o Murthachar, Major.

2. Mahesh,
S/o Murthachar, Major.

3. Renukamma,
Major. – deleted-

4. Murthachar,
S/o Vishwakarma, Major.

5. Gayathri,
W/o Anand, Major. – deleted-
2

6. Ananda,
S/o Vishwakarma, Major.
-deleted-

All are R/a Ashoka Road,
Hiriyur Town,
Chitradurga District – 577 501
…Respondents

(By Sri. M.Shashidhara, Advocate for R1, 2 and 4;
Vide Court order dated 14.12.2016 R3, 5 and 6 are deleted)

This Criminal Petition is filed under Section 407 of Cr.P.C.,
praying to transfer the case bearing S.C.No.02/2013 pending
before the I Addl. District and S.J., Hiriyur, Chitradurga District to
a Court of appropriate jurisdiction at Mandya.

This Criminal Petition coming on for admission this day, the
Court made the following:

ORDER

Petitioner is complainant in Crime No.18/2013

registered in Hiriyur Town Police Station alleging commission

of offences punishable under Sections 498A and 304B of IPC.

2. Smt. Mamata Shetty, learned advocate for the

petitioner submitted that, petitioner apprehends life threat

and therefore he has filed this petition seeking transfer of the
3

case from Hiriyur to Mandya. She placed reliance on a

complaint given by the petitioner to Deputy Superintendent of

Police, Chitradurga, stating that complainant’s son-in-law

namely husband of the deceased has threatened them.

3. Learned advocate for respondents submitted that

already seven witnesses have been examined and therefore if

the petitioners are so desirous they can seek police

protection.

4. In view of the fact that seven witnesses have

already been examined, in my view, ends of justice would be

met by issuing appropriate direction to the police to accord

necessary protection to the petitioner and his family members

on all the dates of hearing whenever they are required to visit

Chitradurga.

5. Hence, the following:-

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ORDER

The learned trial Judge shall endeavor to
record evidence of complainant-petitioner and his
family on one particular day or on consecutive
days. The date of recording of evidence shall be
notified atleast two weeks in advance to facilitate
the Police to arrange necessary protection to the
witnesses. Upon necessary application being filed
to the Superintendent of Police in advance, the
Superintendent of Police, Chitradurga shall
ensure necessary protection to the petitioner and
his family members during their stay in
Chitradurga to attend Court hearings.

Petition disposed of with above directions.

No costs.

Sd/-

JUDGE

*alb/-.

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