- 1 - NC: 2025:KHC-D:4700 CRL.P No. 103490 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.103490 OF 2024 (407(CR.PC)/447(BNSS)) BETWEEN: SHRI RAVIT S/O. SINAGAPPA KUNCHIKORAM, AGE: 18 YEARS, OCC. BUSINESS, R/O. GOLAGUMMAT ROAD, JADAR ONI, VIJAYAPUR, TQ. AND DIST. VIJAYAPUR-586101. …PETITIONER (BY SRI SIDHANTI PRASAD RAMESHRAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY. ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH HARUGERI P.S. 2. SHRI MALLESH S/O. SURESH YADAWAD, AGE: 20 YEARS, OCC. COOLIE, R/O. SHIPUR, TQ. BADAMI, NOW AT HARUGERI CROSS, DISTRICT: BELAGAVI-591220. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.19 10:35:00 +0530 - 2 - NC: 2025:KHC-D:4700 CRL.P No. 103490 of 2024 3. SHRI MALLESH S/O. DURGAPPA PUJERI, AGE: 21 YEARS, OCC. COOLIE, R/O. NARGUND SAVADATTI ROAD, DANDAPUR ONI, NOW AT HARUGERI CROSS, DISTRICT: BELAGAVI-591220. …RESPONDENTS (BY SMT.GIRIJA S.HIREMATH, HCGP FOR R1; SRI PRASAD PATIL, ADVOCATE FOR R2 AND R3) THIS CRIMINAL PETITION IS FILED U/S. 407 OF CR.P.C. (U/SEC. 447 OF BNSS, 2023) PRAYING TO TRANSFER THE PROCEEDINGS INITIATED AGAINST RESPONDENT NO.2 AND 3 IN S.C. NO.5027/2024 PENDING ON THE FILE OF VII ADDL.DISTRICT AND SESSION COURT, BELAGAVI SITTING AT CHIKODI, FOR THE OFFENCES PUNISHABLE U/SECTIONS 302, 504 R/W. SECTION 34 OF IPC TO THE COURT OF PRL.DISTRICT AND SESSIONS COURT, VIJAYAPUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:4700 CRL.P No. 103490 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Sidhanti Prasad Pameshrao, learned counsel for the petitioner, Smt.Girija S. Hiremath, learned High Court Government Pleader for the State/respondent No.1 and Sri.Prasad Patil, learned counsel for respondent Nos.2 and 3. 2. Petition is filed under Section 407 of Cr.P.C. with the following prayer: “WHEREFORE, the petitioner/complainant most respectfully pray that this Hon’ble Court be pleased to: a. To transfer the proceedings initiated against respondent No.2 and 3 in SC No.5027/2024 pending on the file of VII Addl. District and Sessions Court, Belagavi Sitting at Chikodi for the offences punishable under Section 302, 504 r/w Section 34 of IPC to the Court of Prl. District and Sessions Court, Vijayapur, in the interest of justice and equity.” 3. As could be seen from the grounds urged in the petition, the only apprehension of the petitioner who is the de-facto complainant is that accused No.3 is still - 4 - NC: 2025:KHC-D:4700 CRL.P No. 103490 of 2024 absconding and there is a possibility of life threat to the complainant. Therefore, the trial needs to be shifted from Chikkodi to Vijayapur. 4. As could be seen from the material on record, the incident has occurred within the limits of Chikkodi Police Station. Therefore, trial needs to be conducted in Sessions Court at Chikodi. Place of incident, spot mahazar, mahazar witnesses are all from Chikodi. Therefore, request of the petitioner per se cannot be granted. 5. Further, the apprehensions if any, is not real inasmuch as, absconding charge sheet is already filed against accused No.3 and case against accused No.3 is ordered to be split up. If the said apprehension is there in Chikkodi, the same apprehension would be carried to Vijayapur as well. - 5 - NC: 2025:KHC-D:4700 CRL.P No. 103490 of 2024 6. However, if there is any such real apprehension, petitioner may make a request to learned Trial Judge to accord necessary police help. If any such request is made, learned Trial Judge is at liberty to accord necessary police help. 7. With that observation, this Court is of the considered opinion that the grounds urged in the petition are not sufficient to transfer the pending trial to Vijayapur from Chikkodi. 8. Accordingly, following: ORDER i. Petition is dismissed. ii. Liberty is granted for the petitioner to seek necessary police help. SD/- (V.SRISHANANDA) JUDGE KAV