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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-
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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
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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/-.
