Karnataka High Court refuses to interfere with lesser sentence imposed on accused who availed benefit of ‘plea bargaining’
2 years, 3 months ago

Karnataka High Court refuses to interfere with lesser sentence imposed on accused who availed benefit of ‘plea bargaining’

The Hindu  

The High Court of Karnataka has upheld the imposition of lesser punishment by the trial courts on a medical shop owner, who had availed of the benefit of ‘plea bargaining’ and was sentenced to imprisonment till the rising of the court and a fine of ₹10,000 as he had pleaded guilty of the charge of selling a certain drugs in violation of the Drugs and Cosmetics Act, 1940. While refusing to interfere with the orders of the trial courts, the High Court said there was no circumstance warranting interference while pointing out that the Assistant Public Prosecutor, who represented the prosecution, had consented to ‘plea bargaining’. The High Court also said that there was no need of the complainant Drugs Inspector at the time of ‘plea bargaining’ as the public prosecutor had represented the prosecution and had said that the benefit of ‘plea bargaining’ could be extended to the accused if he pleaded guilty. Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence

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History of this topic

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
1 week, 1 day ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead
2 weeks ago

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead

Live Law  

The Karnataka High Court has set aside one month's civil imprisonment term imposed on a cancer patient for the willful disobedience of the Court, instead it directed him to pay Rs 3 lakh fine. It said, “since the appellant is suffering from cancer and taking note of mental agony on the plaintiffs, it is appropriate to award a fine of …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
3 months, 3 weeks ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
4 months, 3 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

Karnataka High Court quashes drug case against actress Sanjana Galrani and two others for procedural lapses by police
6 months ago

Karnataka High Court quashes drug case against actress Sanjana Galrani and two others for procedural lapses by police

The Hindu  

Applying its 2022 judgement of quashing criminal proceedings, against a party organiser, on technical reasons in the 2020 drug racket case, the High Court of Karnataka has also quashed the criminal proceedings against actress Sanjana Galrani, realtor Shivaprakash alias Chippi and financial manager in a tech company Adithya Mohan Agarwal. Though the police had registered the FIR in 2020 on …

Karnataka BJP's Animated Video Case: High Court Exempts Personal Appearance Of JP Nadda, Amit Malviya In Probe Over 'Promoting Enmity'
6 months ago

Karnataka BJP's Animated Video Case: High Court Exempts Personal Appearance Of JP Nadda, Amit Malviya In Probe Over 'Promoting Enmity'

Live Law  

The Karnataka High Court on Friday granted interim relief to Bharatiya Janata Party National President J P Nadda and BJP IT Cell head Amit Malaviya, in connection with an FIR registered over an allegedly offensive animated video was posted on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. A single judge bench of Justice …

Accused Can't Plead Guilty To Get Lesser Sentence, Court's Should Not Give Concessions Or Adopt Liberal Approach Due To Guilty Plea: Kerala High Court
7 months, 2 weeks ago

Accused Can't Plead Guilty To Get Lesser Sentence, Court's Should Not Give Concessions Or Adopt Liberal Approach Due To Guilty Plea: Kerala High Court

Live Law  

The Kerala High Court held that an accused cannot be imposed with a lesser sentence merely because he appeared before the Court through his counsel and pleaded guilty. Justice P Somarajan set aside the Trial Court's order by which a sentence of fine was imposed upon the accused. On the other hand, the sentence should reflect a proper balance.” The …

[TP Chandrashekaran Murder] Kerala High Court To Pronounce Order In Plea For Enhancement Of Accused's Life Sentences
9 months, 4 weeks ago

[TP Chandrashekaran Murder] Kerala High Court To Pronounce Order In Plea For Enhancement Of Accused's Life Sentences

Live Law  

The Kerala High Court will pronounce its orders on the plea for enhancement of sentence in the TP Chandrashekaran murder case at 3.30 PM today. Based on Apex Court decisions, it was also submitted that the prosecution has not submitted any evidence before the Trial Court and High Court to prove that the accused persons were hard-core criminals with no …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
9 months, 4 weeks ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Karnataka High Court Refuses To Enhance ₹1K Fine Imposed On Senior Citizen Woman In Case Over Death Of Street Puppies
11 months, 1 week ago

Karnataka High Court Refuses To Enhance ₹1K Fine Imposed On Senior Citizen Woman In Case Over Death Of Street Puppies

Live Law  

The Karnataka High Court has dismissed a plea seeking to enhance a fine of Rs 1,000, imposed by a trial Court on a 72-year-old lady, in a case over the death of eight stray puppies in 2016. The court upholding the trial court and sessions court order said, “Having regard to the fact that at the time of incident, the …

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]
11 months, 2 weeks ago

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]

Live Law  

Citations: 2024 LiveLaw 01 To 2024 LiveLaw 09 Nominal Index: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw 9 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. I …

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court
1 year, 2 months ago

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court

Live Law  

The Karnataka High Court has held that promotion to a government employee cannot be denied on the ground that a criminal case was pending against him wherein the chargesheet is not filed, or in cases where Articles of Charge are not issued, on the date of Departmental Promotion Committee Meeting. It was also pointed that on 14.03.1993 itself, the State …

Supreme Court Issues Notice To Karnataka Dy CM DK Shivakumar On CBI's Plea In Disproportionate Assets Case
1 year, 2 months ago

Supreme Court Issues Notice To Karnataka Dy CM DK Shivakumar On CBI's Plea In Disproportionate Assets Case

Live Law  

The Supreme Court on Monday issued notice in a plea by the Central Bureau of Investigation challenging Karnataka High Court's decision to stay an investigation against Deputy Chief Minister DK Shivakumar in a disproportionate assets case. A bench of Justices Aniruddha Bose and Bela M Trivedi was hearing a special leave petition filed by the CBI against a June 2023 …

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
1 year, 6 months ago

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court

Live Law  

The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But the trial Court found him guilty and convicted and sentenced him to undergo 10 years imprisonment for the offence punishable under Section 6 of the Act. Such being …

Karnataka High Court Quashes FIR Against Lawyer Accused Of Throwing Water Bottle At Law Intern
2 years, 1 month ago

Karnataka High Court Quashes FIR Against Lawyer Accused Of Throwing Water Bottle At Law Intern

Live Law  

The Karnataka High Court has quashed a case registered by the police against a lawyer under various sections of the Indian Penal Code and Information Technology Act, 2000, on a complaint filed by a Law Intern. However, the lawyer and the final year law student compromised the matter during the pendency of the case. Following the compromise, the lawyer handed …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 2 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
2 years, 4 months ago

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC

Live Law  

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences …

Accused Can't Be Convicted For Charge Which Is Not Framed By Trial Court: Karnataka High Court
2 years, 5 months ago

Accused Can't Be Convicted For Charge Which Is Not Framed By Trial Court: Karnataka High Court

Live Law  

The Karnataka High Court has set aside the conviction handed down under the Prevention of Food Adulteration Act by the trial court for a charge which it did not frame against the accused, and remanded the matter back to be considered afresh. A single judge bench of Justice H P Sandesh while allowing the petition filed by one M. Ajithkumar …

Karnataka High Court Suggests Centre To Amend S.372 CrPC To Allow Victims To File Appeal Seeking Enhancement Of Sentence Of Convicts
2 years, 6 months ago

Karnataka High Court Suggests Centre To Amend S.372 CrPC To Allow Victims To File Appeal Seeking Enhancement Of Sentence Of Convicts

Live Law  

The Karnataka High Court has suggested that the Central Government make necessary amendments to Section 372 of the Criminal Procedure Code, in order to provide an opportunity to victims to approach the Court in appeal seeking enhancement of sentence imposed on a convict. Instead, it allowed the revision petition filed by the accused and set aside the order of the …

Karnataka High Court Denies Anticipatory Bail To Public Prosecutor Accused Of Raping Law Intern
3 years ago

Karnataka High Court Denies Anticipatory Bail To Public Prosecutor Accused Of Raping Law Intern

Live Law  

The Karnataka High Court has refused to grant anticipatory bail to Special Public Prosecutor K S N Rajesh accused of sexual assault and attempt to rape by a law student working in his office. Advocate Dilraj Jude Rohit Sequeira appearing for the petitioner said that, "On perusal of records especially the statement of the complaint does not attract the provisions …

Karnataka High Court Stays Proceedings Against Bengaluru Police Commissioner Kamal Pant For Alleged Delay In Ramesh Jarkiholi Case
3 years, 1 month ago

Karnataka High Court Stays Proceedings Against Bengaluru Police Commissioner Kamal Pant For Alleged Delay In Ramesh Jarkiholi Case

Live Law  

The Karnataka High Court on Thursday by way of interim relief stayed the operation, execution and all further proceedings which may be initiated against Bengaluru Police Commissioner Kamal Pant and two other police officers, pursuant to the order dated November 23, passed by the Magistrate court. Additional Chief Metropolitan Magistrate court had directed the Cubbon park police to investigate a …

Bengaluru Police Commissioner Moves Karnataka HC Against Magistrate's Order To Probe Complaint Alleging Delay In Ramesh Jarkiholi Case
3 years, 1 month ago

Bengaluru Police Commissioner Moves Karnataka HC Against Magistrate's Order To Probe Complaint Alleging Delay In Ramesh Jarkiholi Case

Live Law  

Bengaluru Police Commissioner,Kamal Pant and two other police officers have approached the Karnataka High Court seeking to quash the order passed by the Additional Chief Metropolitan Magistrate court. The court had directed the Cubbon park police to investigate a private complaint filed against them under section 156 of the Criminal Procedure Code for allegedly delaying registration of First Information Report …

In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement: Karnataka High Court
3 years, 1 month ago

In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement: Karnataka High Court

Live Law  

The Karnataka High Court recently held that in a case of heinous offence of rape, even if the parties have settled the dispute, the same cannot be accepted and the proceedings cannot be quashed since it will have serious impact on the society. The petitioners relied on the judgement passed by the High court in the case of Vijaya Kumar …

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs
4 years ago

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs

Live Law  

The Karnataka High Court on Thursday issued notice on a petition which challenged the Government decision to drop criminal prosecution in 61 cases against elected representatives and ministers.A division bench comprising Chief Justice Abhay S Oka and Justice Vishwajith Shetty observed : "No Court is bound by such a decision taken to withdraw from the prosecution. The Karnataka High Court …

Karnataka HC Directs State To Reconsider Its Decision Of Not Allowing Emergency Parole To Prisoners Undergoing Sentence In Default Of Fine [Read Order]
4 years, 5 months ago

Karnataka HC Directs State To Reconsider Its Decision Of Not Allowing Emergency Parole To Prisoners Undergoing Sentence In Default Of Fine [Read Order]

Live Law  

The Karnataka High Court has directed the State government to reconsider its decision of not allowing 'emergency parole leave' to prisoners undergoing sentence in default of fine not preceded with substantive sentence. A division bench of Chief Justice Abhay Oka and Justice Nataraj Ramasway said "Prima facie, it appears to us that the exclusion introduced by Clause may not be. …

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