- 1 - NC: 2025:KHC-D:5447 CRL.P No. 101193 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101193 OF 2025 (407(CR.PC)/447(BNSS)) BETWEEN: SHRI MANJUNATH SHIVAPPA KOULAPURE AGE: 35 YEARS, OCC. AGRICULTURE, R/O. KATTEBENNURU, TQ. HOOVINAHADAGALI, DIST. VIJAYANAGARA-583216. …PETITIONER (BY SRI G.R. TURAMARI, ADVOCATE) AND: 1. STATE OF KARNATAKA R/BY. POLICE SUB INSPECTOR, HIREKERUR POLICE SATION, TQ. HIREKERUR, DIST. HAVERI. R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-590011. 2. SMT.MALLAVVA W/O. SOMANNA GAVADE, AGE: 40 YEARS, OCC. BUSINESS, R/O. AT SHAMANEVADI, TQ. CHIKKODI, DIST. BELAGAVI. PRESENTLY R/O. KATTEBENNURU, TQ. HOOVINAHADAGALI, DIST. VIJAYANAGARA-583216. …RESPONDENTS (BY SRI GANAPATI BHAT, ADVOCATE FOR SRI VIDYASHANKAR G. DALWAI, ADVOCATE FOR R2; SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1) V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.01 14:56:27 +0530 - 2 - NC: 2025:KHC-D:5447 CRL.P No. 101193 of 2025 THIS CRIMINAL PETITION IS FILED U/SEC. 407 OF CR.P.C. (UNDER SECTION 447 OF BNSS, 2023) SEEKING TO TRANSFER THE SPECIAL SESSIONS CASE NO.38/2024 FOR THE OFFENCES P/U/SECTIONS 12, 8, 6 OF POCSO AND UNDER SECTION 376(2) , 506, 34 OF CPC PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, HAVERI TO THE COURTS OF PRL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA INSOFAR AS PETITIONER/ACCUSED NO.1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri G.R. Turmari, learned counsel for revision petitioner, Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1 and Sri Ganapathi Bhat for Sri Vidyashankar G. Dalawai, learned counsel for respondent No.2. 2. Petition under Section 407 Cr.P.C./447 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer: “To transfer the Special Sessions Case No.38/2024 for the offences punishable under Sections 12, 8, 6 of POCSO and under Sections 376(2) , 506, 34 of CPC pending before the Addl. District and Sessions Judge, FTSC-I, Haveri to the Courts of Prl. District and - 3 - NC: 2025:KHC-D:5447 CRL.P No. 101193 of 2025 Sessions Judge, Shivamogga insofar as petitioner/accused no.1. “ 3. Main thrust of the contentions of the petitioner is that the learned Sessions Judge, who is now conducting Sessions Case No.38/2024, had conducted a civil suit pertaining to victim girl when he was in practice as advocate and therefore, there may be possibility of some prejudice. 4. Taking note of the said aspect of the matter, matter requires to be tried by some other Judge in Haveri District itself though the prayer is sought for the case to be transferred to Shimogga. 5. Shri Ganapati Bhat and Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader submit that suitable orders be passed taking note of the attendant circumstances though on behalf of second respondent written objections are filed opposing the petition grounds. - 4 - NC: 2025:KHC-D:5447 CRL.P No. 101193 of 2025 6. Taking note of the fact that the learned Judge did appear on behalf of the victim girl in a civil suit, prudency should have been prevailed on the learned Judge himself to request the Principal District Judge to place the matter for the trial before some other Judge. 7. It is submitted on behalf of petitioner that even though the said fact was brought to the notice of the learned Judge by way of a memo, learned Judge did not take such steps to see that the matter is placed before the Principal District Judge for making out some other Court. 8. Accordingly, a case is made out that the petition needs to be allowed in part by directing the learned Principal District Judge, Haveri to withdraw Sessions Case No.38/2024 from the FTSC-I to be reassigned to any other District Court in the Haveri itself. 9. Accordingly, following order is passed. ORDER Petition is allowed in part. - 5 - NC: 2025:KHC-D:5447 CRL.P No. 101193 of 2025 Learned Principal District Judge is hereby directed to withdraw Sessions Case No.38/2024 from Addl. District and Sessions Judge, FTSC-I, Haveri and re-assign to any other Sessions Judge in Haveri itself. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 24