- 1 - HC-KAR NC: 2025:KHC-D:11262 CRL.P No. 103278 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103278 OF 2024 (407(Cr.PC)/447(BNSS) BETWEEN: SHIVADEVI W/O NAGARAJ SHEEBANNAVAR AGE: 56, OCC: TEACHER, R/O GADDANAKERI CROSS, TQ: BAGALKOTE, DIST: BAGALKOTE-581212. …PETITIONER (BY SRI MOHANGOUDA PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH AMINGAD POLICE STATION R/P BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH AT. DHARWAD-580011. 2. RAGHAVENDRA S/O RAMKRISHNA AGE: 25 YEARS, OCC: MECHANIC. R/O SIRAWAR TQ.SIRAWAR, DIST: RAICHUR-591231. 3. SHARANAMMA @ NITYA W/O PRAVEEN SHEBANNAVAR AGE: 31 YEARS OCC: HOUSEWIFE, R/O GADDANAKERI CROSS, TQ. AND DIST. BAGALKOT-581212. …RESPONDENTS (BY SMT. KIRTILATA R.PATIL, HCGP FOR R1, SRI. SATISH M.S. ADVOCATE FOR R2, SRI. VISHWANATH S. BICHAGATTI, ADVOCATE FOR R3) THIS CRIMINAL PETITION IS FILED U/SE. 407 OF CR.P.C. (U/S. 447 OF BNSS, 2023) SEEKING TO PASS AN ORDER TRANSFERRING THE S.C.NO. 73/2022, FOR THE OFFENCES PUNISHABLE U/SEC. 302, 201 R/W SEC. 34 OF IPC PENDING ON THE FILE OF II ADDITIONAL DISTRICT JUDGE, BAGALKOTE ITINARATE AT HUNGUND TO PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALAKOTE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11262 CRL.P No. 103278 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Complainant is before this Court under Section 407 of Cr.P.C. with a prayer to transfer S.C. No.73/2022 registered for offences punishable under Sections 302, 201 of IPC from the Court of II Additional District and Sessions Judge, Bagalkote Itinerary at Hungund to the Court of Principal District and Sessions Judge, Bagalkote. 2. Heard the learned counsel for the petitioner. 3. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that there is no progress in the case before the Sessions Court at Hungund. Petitioner and others are facing threat from the accused persons and therefore, they are not in a position to go to the Court. He submits that petitioner has no faith on the Presiding Officer of the Itinerary Court before which the case is now pending. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC-D:11262 CRL.P No. 103278 of 2024 4. Per contra, learned HCGP and learned counsel appearing for respondents – accused have opposed the petition. They submit that all the material charge sheet witnesses including the petitioner have been already examined in the present case. The case was transferred to the Itinerary Court only in the month of July 2024 pursuant to the notification issued by this Court and this petition is filed in the month of September 2024 which is within a period of two months from the date of transfer of the case to the Itinerary Court alleging that there is no progress in the case. They submit that no allegation is made against the Presiding Officer in the memorandum of the petition and therefore, petition is liable to be rejected. 5. Learned HCGP submits that as on this date, 14 charge sheet witnesses have been examined as PW1 to PW14 out of the 30 charge sheet witnesses cited in the present case. 6. Material on record would go to show that on 09.05.2024, PW6 and PW7 were partly examined before the Court of Principal District and Sessions Judge, Bagalkote in S.C. No.73/2022 and at the request of the learned counsel appearing on behalf of the defence, for cross-examination of PW6 and PW7, - 4 - HC-KAR NC: 2025:KHC-D:11262 CRL.P No. 103278 of 2024 matter was adjourned to 07.06.2024. On 07.06.2024, it was brought to the notice of the Court of Principal District and Sessions Judge, Bagalkote that in terms of the notification issued by this Court, the case needs to be transferred to the Itinerary Court sitting at Hungund. Thereafter, on 12.07.2024 matter was placed before the Itinerary Court at Hungund and on that day, matter was adjourned to 24.08.2024. At the said stage itself this petition is filed before this Court by the complainant on 10.09.2024. 7. Material on record would go to show that complainant is examined as PW1 before the Court of Principal District and Sessions Judge, Bagalkote on 13.03.2024 itself. The other material charge sheet witnesses were also already examined at the stage when the case was transferred to the Itinerary Court at Hungund. Therefore, the contention of the petitioner that the accused persons are threatening the witnesses and therefore, the witnesses are not in a position to attend the Court does not merit consideration. The case was transferred to the Itinerary Court at the stage of further cross-examination of PW6 and PW7. The case was listed before the Itinerary Court on 12.07.2024 and - 5 - HC-KAR NC: 2025:KHC-D:11262 CRL.P No. 103278 of 2024 on that day, since accused were absent, non-bailable warrant was issued against them and matter was adjourned to 24.08.2024. At that stage itself, the present petition is filed seeking transfer of the case and allegation made is that there is no progress in the case and the petitioner has no faith in the Presiding Officer of the Itinerary Court. 8. After the case was transferred to the Itinerary Court, during the last one year, nine witnesses have been examined before the said Court including PW6 and PW7, who were partly examined before the Court of Principal District and Sessions Judge, Bagalkote. Therefore, it cannot be said that there is no progress in the case before the Itinerary Court. As rightly pointed out by learned HCGP and learned counsels appearing for respondent Nos.2 and 3, petitioner has not made any allegation against the Presiding Officer of the Itinerary Court in the memorandum of the petition and in the absence of any pleadings, she cannot be heard to say that she has no faith on the Presiding Officer of the Itinerary Court. - 6 - HC-KAR NC: 2025:KHC-D:11262 CRL.P No. 103278 of 2024 9. Under the circumstances, I am of the opinion that petition lacks merit and the same is liable to be dismissed. Accordingly, the following: ORDER Criminal Petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:GSM List No.: 1 Sl No.: 27