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Rekha W/O Vivekanand Kemali vs State Of Karnataka on 12 June, 2018

CRL.P.No.100470/2018

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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 12TH DAY OF JUNE, 2018

BEFORE

THE HON’BLE DR.JUSTICE H.B.PRABHAKARA SASTRY

CRIMINAL PETITION NO.100470/2018

BETWEEN:

REKHA W/O VIVEKANAND KEMALI,
AGE: ABOUT 41 YEARS, OCC: HOUSEWIFE,
R/A PRESENT C/O DR.B.B.UDAPUDI,
SHIVAPUR COLONY, H.NO.24,
NEAR CHAVAN KALYAN MANTAP,
GOKUL ROAD, HUBBALLI-580031.
… PETITIONER
(BY SRI.S.S.NIRANJAN, ADV.)

AND:

1. STATE OF KARNATAKA
BY ITS PUBLIC PROSECUTOR
BENCH AT DHARWAD,
BY ITS NAVANAGARA POLICE STATION, BAGALKOT.

2. VIVEKANAND CHANNAPPA KEMALI,
AGE: ABOUT 46 YEARS, OCC: EMPLOYEE,
IN BASAVESHWAR BANK,
R/A VIDYAGIRI, 3RD CROSS, BAGALKOT.
… RESPONDENTS
(SRI.RAJA RAGHAVENDRA NAIK, HCGP FOR R1,
SRI.K.S.PATIL, ADV. FOR R2)

THIS PETITION IS FILED UNDER SECTION 407 OF Cr.P.C.
SEEKING TO TRANSFER THE C.C.NO.1664/2016 (CR.NO.79/2016)
PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC,
BAGALKOT COURT AND MADE IT OVER TO ANY CRIMINAL COURT,
HUBBALLI.
CRL.P.No.100470/2018

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:

ORDER

The present petitioner has filed this petiton under

Section 407 of Cr.P.C. seeking transfer of

C.C.No.1664/2016 (Cr.No.79/2016) said to be pending on

the file of the Additional Civil Judge and JMFC, Bagalkote

and make it over to any criminal Court at Hubballi.

2. In her petition, the petitioner has contended

that she is having minor son and is residing with her old

aged parents, under such circumstances, it is very

difficult for her to travel alone all the while from Hubballi

to Bagalkote, which is nearly about 130 kms from

Hubballi by way of road and 150 kms by way of train. She

has further stated that, she stays in old aged parental

home and her father was a retired person. Due to paucity

of finance, she find it very difficult and sometime unable

to go over to Bagalkote Court. She has no avocation of her

own.

CRL.P.No.100470/2018

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3. After service of notice, respondent Nos.1 and 2

are being represented by learned Government Pleader and

learned counsel, respectively. Respondent No.2 has filed

his objections opposing the petition, wherein he has stated

that any other Court except the Court where the matter is

pending has got no local jurisdiction to try the matter. As

such, the matter cannot be transferred to any other Court.

He has also stated that the present petition is filed with

sole intention of causing harassment and discomfort to

respondent No.2, who is working as Second Division

Assistant at a local co-operative Bank in Bagalkote.

4. The learned counsel for the parties reiterated

the contentions of the petition and statement of objections

respectively even in their arguments also.

5. The present petitioner is said to be wife of the

present respondent No.2 herein, against whom the

petitioner has filed a complaint in crime No.79/2016 of

Navanagar Police Station, Bagalkote for the offences
CRL.P.No.100470/2018

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punishable under Sections 498A, 323, 354(B), 504 and

506 r/w Section 34 of IPC. It is stated that, after

completion of the investigation, the Investigating Officer

has filed charge sheet arraying 11 witnesses as charge

sheet witnesses. As per the submission made across the

bar, the Court below is yet to hear the accused on framing

of the charges. It is at this stage, the present petitioner

has filed the present petition.

6. The learned counsel from both side make a

submission that the present petitioner had also filed

similar petition seeking transfer of two other cases

between the same parties from Bagalkote to Hubballi. One

case was with respect to appointment of guardian to their

alleged minor son under G.W.Case No.35/2016, which

was said to be pending on the file of the Prl. District and

Sessions Judge, Bagalkote. The second case was said to

be a case under M.C.No.72/2016 said to be pending on

the file of the I Additional Senior Civil Judge, Bagalkote.

This Court in C.P.No.100176/2016 connected with
CRL.P.No.100470/2018

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C.P.No.100168/2016 by its order dated 05.12.2017

allowed both the petitions and transferred both the cases

from Bagalkote to the Family Court at Hubballi.

7. In the present case in which the transfer is

sought is no doubt a criminal case. Merely because

particular Court has got no local jurisdiction to try the

matter, it does not take away the power of this Court

under Section 407 of Cr.P.C. As such, the argument of the

learned counsel for respondent No.2 on this point is not

acceptable.

8. Nowhere in her petition, the petitioner has

made any allegations regarding finding of the Court which

is ceased of the matter now. She has forwarded only cause

of her inconvenience to attend the matter. No doubt the

general convenience of the parties and of the witnesses is

also one of the factor that can be considered under

Section 407 of Cr.P.C. In the instant case, considering the

fact that two more cases between the same parties have
CRL.P.No.100470/2018

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been transferred from Bagalkote to Hubballi and that the

present petitioner, who is the complainant in

C.C.No.1664/2016 is said to be residing with her aged

parents and she is finding it very difficult to travel to

Bagalkote to attend the cases. On the contrary,

respondent No.2 is said to be an earning person, though

in a private establishment, the general convenience leans

more in favour of petitioner. No prejudice will be caused to

the interest of either of the parties, if the matter is

transferred from Bagalkote to Hubballi.

9. Accordingly, I proceed to pass the following;

ORDER

(i) The petition is allowed.

(ii) C.C.1664/2016(Cr.No.79/2016) said to be
pending before the learned Additional Civil Judge
and J.M.F.C., Bagalkote is withdrawn and made
over to the Court of the Principal Civil Judge and
J.M.F.C., at Hubballi for its further proceeding
from the stage where it is now and to dispose of
the matter in accordance with law.

CRL.P.No.100470/2018

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(iii) In view of the above order, the interim stay
granted in this matter stands vacated.

(iv) Both the parties are directed to appear before the
Court of the Principal Civil Judge and J.M.F.C., at
Hubballi without anticipating any fresh notice
from the said Court on 16.07.2018, on which day
the said Court is required to take up the matter
for further proceeding.

(v) In the meantime, registry to transmit a copy of
this order to both the Courts, i.e., Additional Civil
Judge and J.M.F.C., Bagalkote and the Principal
Civil Judge and J.M.F.C., Hubballi.

(vi) The Additional Civil Judge and J.M.F.C.,
Bagalkote shall transmit the entire records to the
Principal Civil Judge and J.M.F.C., Hubballi,
immediately after receipt of copy of this order.

Sd/-

JUDGE

mbs

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