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2025 DAILYLAW 13310 (KAR)

SRI.B.L. RAVINDRANATH v. STATE OF KARNATAKA BY CID

WP/1613/2024 · 2025-03-18

Hemant Chandangoudar

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Judgment text

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NC: 2025:KHC:11411 WP No. 1613 of 2024 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 1613 OF 2024 (GM-RES) BETWEEN: 1. SRI. B.L. RAVINDRANATH S/O LATE B.L. LAKSHME GOWDA, AGED ABOUT 52 YEARS, MADWESHA COMPLEX, NAZARBAD, MYSURU-570 010 ALSO AT NO.109, D. MAX SANVILLA APARTMENT, KENGERI MAIN ROAD, MALLATHAHALLI, BALAJI LAYOUT, BENGALURU-560 060. 2. SMT. GAYATHRI N GENERAL MANAGER, D/O NANJEGOWDA, AGED ABOUT 46 YEARS, GREENBUNDS AGRO FORM LTD CO, NO.73, 3RD FLOOR, MADWESHA COMPLEX, NAZARBAD, MYSURU-570 010 ALSO AT NO.183/1, DATTA NAGAR, OOTY ROAD, MYSURU-570 010. 3. U.L. DAKSHAYINI W/O B.L. RAVINDRANATH, AGED ABOUT 41 YEARS, NO.66/F, S.V.P. NAGAR, T.N. PURA ROAD, MYSURU, ALSO AT NO.109, Digitally signed by R HEMALATHA Location: High Court of Karnataka NC: 2025:KHC:11411 WP No. 1613 of 2024 2 D. MAX SANVILLA APARTMENT, KENGERI MAIN ROAD, MALLATHAHALLI, BALAJI LAYOUT, BENGALURU-560 060. 4. U.L. VASANTH KUMAR S/O LAXMAN GOWDA AGED ABOUT 35 YEARS, NO. 66/F, S.V.P. NAGAR, T.N. PURA ROAD, MYSURU PRESENTLY RESIDENT NO.109, D. MAX SANVILLA APARTMENT KENGERI MAIN ROAD, MALLATHAHALLI BALAJI LAYOUT, BENGALURU-560 060. …PETITIONERS (BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR SRI. AJAY KUMAR, ADVOCATE) AND: STATE OF KARNATAKA BY CID REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. LAKSHMAN B., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 407 AND 482 OF CRPS, 1973 PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE ORDERS TRANSFERRING THE CASES MENTIONED IN SERIAL NO. 1 TO 40 VIDE ANNEUXRE F1 TO F39 IN THE SCHEDULE HERE BELOW TO THE COURT OF XLVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR TRIAL AND DISPOSAL TOGETHER IN ACCORDANCE WITH THE LAW AND ETC. NC: 2025:KHC:11411 WP No. 1613 of 2024 3 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Heard Sri P.P.Hegde, learned senior counsel representing the petitioners counsel and learned High Court Government Pleader for the respondent-State. 2. The petitioners are common accused in several cases pending against them in connection with offence punishable under Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishment, Act 2004 and certain IPC provisions. 3. The petitioners are common accused in several cases pending against them in connection with offence punishable under section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishment, Act and certain IPC provisions. The details of the cases where they are pending are separately given in the schedule appended to the Writ Petition. It is submitted that in all these cases, the petitioners are the common accused and it will be highly impossible for them to appear before all the courts. All these cases have been investigated by one officer assisted by another officer. The officers involved in investigation are same and in this view, it will be convenient for the prosecution also if the trial is held at one place instead of several places. NC: 2025:KHC:11411 WP No. 1613 of 2024 4 4. The petitioners accused had earlier approached this Court in W.P.No.13213/2021 to transfer the cases in relation to the same offence pending before all the Special Courts of State of Karnataka, and this Court vide order dated 29.11.2021 acceded to the request of the petitioners by observing as follows: "4. Having heard both sides, it is to be stated that in the schedule appended to the writ petition, the details of the cases pending at several places are given. In all these cases, the petitioners are the accused. It is on record that the investigating officer and the other official witnesses are same in all these cases, but only the depositors in each case are different individuals who are residing at different places. The Government Pleader expresses the difficulty of the depositors coming over to a particular place for giving evidence. 5. But, I do not think that the depositors are required to come over to a particular place because the trial court can permit the depositors to give evidence through video conferencing. Now if the petitioners are made to appear at different places certainly they will find it difficult because if the trial is fixed at two or three places on the same day, it will be difficult for them to attend the court at any place. Even if the case is considered from the angle of convenience of the investigating officer and other official witnesses, it will be proper if the trial is held at a particular place. Though the petitioners have sought all the cases to be transferred to the Special Court constituted at Mysuru but, now Sri P.P.Hegde submits that transfer may be given to Bengaluru court. NC: 2025:KHC:11411 WP No. 1613 of 2024 5 6. Therefore, this petition is also requires to be disposed of in terms of the order passed in W.P.No.13213/2021, Hence, the following: ORDER (a) All the following cases are transferred to the court of XLVIII Additional City Civil and Sessions Judge, Bengaluru City, for adjudication. Sl. No Name of the special Court Case number with penal provisions of law Corresponding FIR/s 1 Prl. District And Sessions Judge, At-Mysore SPl.C 438/2023 406,420,120(B),R/w34 Of IPC and Section 9 of KPID Act Crime no 116/2013 Nazarbad P.S 2 SPL.C 393/2023 406, 420, 464, 471, R/w 34 of IPC and Section 9 of KPID Act Crime no 218/2014 Nazarbad P.S 3 SPL.C 378/2023 406, 420, 464, 471, R/w 34 of IPC and Section 9 of KPID Act Crime no 213/2014 Nazarbad P.S 4 SPL.C 368/2023 406, 420, 464, 471, R/w 34 of IPC and Section 9 of KPID Act Crime no 214/2014 Nazarbad P.S 5 SPL.C 367/2023 406, 420, 464, 471, R/w 34 of IPC and Section 9 of KPID Act Crime no 215/2014 Nazarbad P.S 6 SPL.C 391/2023 406, 420, 464, 471, R/w 34 of IPC and Section 9 of KPID Act Crime no 211/2014 Nazarbad P.S NC: 2025:KHC:11411 WP No. 1613 of 2024 6 7 SPL.C 389/2023 406, 420, 464, 471, R/w 34 of IPC and Section 9 of KPID Act Crime no 223/2014 Nazarbad P.S 8 SPL.C 375/2023 406, 420, 464, 471, R/w 34 of IPC and Section 9 of KPID Act Crime no 222/2014 Nazarbad P.S 9 SPL.C 376/2023 406, 420, 464, 471, R/w 34 of IPC and Section 9 of KPID Act Crime no 211/2014 Nazarbad P.S 10 SPL.C 441/2023 406, 420, 464, 471, R/w 34 of IPC and Section 9 of KPID Act Crime no 212/2014 Nazarbad P.S 11 SPL.C 388/2023 406, 420, 464, 471, R/w 34 of IPC and Section 9 of KPID Act Crime no 217/2014 Nazarbad P.S 12 SPL.C 392/2023 406, 420, 120(B), R/w 34 of IPC and Section 9 of KPID Act Crime no 165/2013 Nazarbad P.S 13 SPL.C 514/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 47/2015 Nazarbad P.S 14 SPL.C 366/2023 406, 420, 464, 471, R/w 34 of IPC and Section 9 of KPID Act Crime no 216/2014 Nazarbad P.S 15 SPL.C 515/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 69/2015 Nazarbad P.S NC: 2025:KHC:11411 WP No. 1613 of 2024 7 16 SPL.C 521/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 49/2015 Nazarbad P.S 17 SPL.C 369/2023 406, 420, 120(B), R/w 34 of IPC and Section 9 of KPID Act Crime no 164/2013 Nazarbad P.S 18 SPL.C 513/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 84/2015 Nazarbad P.S 19 SPL.C 520/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 82/2015 Nazarabad P.S 20 SPL.C 519/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 74/2015 Nazarbad P.S 21 SPL.C 517/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 72/2015 Nazarbad P.S 22 SPL.C 512/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 89/2015 Nazarbad P.S 23 SPL.C 516/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 70/2015 Nazarbad P.S 24 SPL.C 502/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 225/2014 Nazarbad P.S - 8 - NC: 2025:KHC:11411 WP No. 1613 of 2024 25 SPL.C 518/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 87/2015 Nazarbad P.S 26 SPL.C 395/2023 406,420, 464,471 R/w 34 of IPC and Section 9 of KPID Act Crime no 224/2014 Nazarbad P.S 27 SPL.C 374/2023 406,420, 464,471 R/w 34 of IPC and Section 9 of KPID Act Crime no 220/2014 Nazarbad P.S 28 SPL.C 377/2023 406,420, 464,471 R/w 34 of IPC and Section 9 of KPID Act Crime no 219/2014 Nazarbad P.S 29 SPL.C 507/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 237/2013 Periyapatna P.S 30 SPL.C 505 /2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 232/2013 Periyapatna P.S 31 SPL.C 508/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 238/2013 Periyapatna P.S 32 SPL.C 504 /2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 231/2013 Periyapatna P.S - 9 - NC: 2025:KHC:11411 WP No. 1613 of 2024 33 SPL.C 506/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 239/2013 Periyapatna P.S 34 SPL.C 397/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 99/2014 T.Narasipura P.S 35 SPL.C 503/2023 406, 417, 420, R/w 34 of IPC and Section 9 of KPID Act Crime no 204/2014 H.D.Kote P.S 36 SPL.C 439/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 132/2014 K.R.Nagar P.S 37 SPL.C 440/2023 406, 420, 120(B) R/w 34 of IPC and Section 9 of KPID Act Crime no 137/2013 Krishnaraja P.S 38 SPL.C 390/2023 406, 420, 120(B) R/w 34 of IPC and Section 9 of KPID Act Crime no 135/2013 Krishnaraja P.S 39 SPL.C 442/2023 406, 409,420, R/w 149 of IPC and Section 9 of KPID Act Crime no 59/2014 Jayapura P.S 40 SPL.C 396/2023 420, 120(B) of IPC and Section 9 of KPID Act Crime no 105/2014 Nanjangudu P.S - 10 - NC: 2025:KHC:11411 WP No. 1613 of 2024 (b) Since the interest of the depositors is involved, the transferee court may expedite the trial. (c) Prosecution and the accused shall cooperate with the trial court for speedy disposal. (d) The records at other places shall be transmitted to the Special Court at Bengaluru within 2ND May 2025, the date on which the case is said to be fixed at Bengaluru. In view of disposal of the petition, I.A.1/2021 filed for stay of the proceedings does not survive for consideration and it is also disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 139