- 1 - NC: 2025:KHC-D:6978 CRL.P No. 100003 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100003 OF 2025 (407(Cr.PC)/447(BNSS) BETWEEN: FAYAZ S/O BABASAHEB KHONDUNAYK AGE. 23 YEARS, OCC. STUDENT, R/O. SAI NAGAR, MUNAVALLI VILLAGE, TAL. SAUNDATTI, DIST. BELAGAVI-591126. …PETITIONER (BY SRI. Z M HATTARKI, ADVOCATE (ABSENT)) AND: 1. STATE OF KARNATAKA BY VIDYANAGAR POLICE STATION, HUBBALLI, REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-560001. 2. GEETA W/O NIRANJANAYYA HIRMATH AGE. 43 YEARS, OCC. HOME MAKER, R/O. H.NO. 9, BASAV NAGAR, ANCHATGERI LAYOUT PB ROAD, BIDNAL, HUBBALLI-580028. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR RESPONDENT NO.1, SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 407 OF CR.P.C. (447 OF BNSS), PRAYING TO TRANSFER THE SC NO. 5066/2024 (VIDYANAGAR PS CRIME NO. 47/2024 FOR OFFENCE PUNISHABLE UNDER SECTION 302, 341, 506 OF IPC ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD SITTING AT HUBBALLI Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6978 CRL.P No. 100003 of 2025 TO ANY OTHER BELAGAVI DISTRICTS SESSIONS COURT FOR DISPOSAL ACCORDING TO LAW AND PLEASED TO EXERCISE INHERENT POWER UNDER SECTION 482 OF THE CODE WITHDRAW SC NO.5066/2024 ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI AND MADE OVER TO ANY COURT OF PRINCIPLE DISTRICT AND SESSIOINS JUDGE, BELAGAVI TO PROTET AND UPHOLD THE JUSTICE TO THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) None appears for the petitioner. Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent No.1 and Sri.Mallikarjunswamy B., learned counsel for the respondent No.2 is present. 2. Learned counsel for the petitioner remained absent consistently. 3. Prayer of the petition reads as under: WHEREFORE, this Hon’ble Court may be pleased to transfer the SC No.5066/2024 (Vidya nagar P.S. Cr.No.47/2024) for the offences punishable under Section 302, 341, 506 of the IPC on the file of Ist Additional District and Session Judge Dharwad Sitting at Hubballi to Belagavi District and Session Judge Belagavi for disposal according to law, in the interest of justice and equity. WHEREFORE, this Hon’ble Court may please to exercise inherent power under Section 482 of the Code withdraw SC No.5066/2024 on the file of Ist - 3 - NC: 2025:KHC-D:6978 CRL.P No. 100003 of 2025 Addl. District and Session Judge Dharwad sitting at Hubballi and made over to any Court of Principle District and Session Judge Belagavi to protect and uphold the justice to the petitioner, in the interest of justice and equity.” 4. Incident has taken place in the jurisdiction of Dharwad District. Witnesses are also from Dharwad District. The grounds urged in the petition are not sufficient enough to transfer the pending trial from Hubballi District to Belagavi District. 5. Accordingly, petition stands dismissed. Sd/- (V.SRISHANANDA) JUDGE KAV CT:GSM List No.: 1 Sl No.: 39