- 1 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1510 OF 2024 BETWEEN: DR. Y. RAMAPPA S/O LATE YELLAPPA AGED ABOUT 60 YEARS DOOR NO.1096/25 2ND MAIN, 2ND CROSS TARALUBALU BADAVANE DAVANAGERE - 577 005. …PETITIONER (BY SRI S.G. RAJENDRA REDDY, ADV.) AND: 1. STATE OF KARNATAKA BY EXTENSION POLICE DAVANAGERE BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. BASAVARAJ V SHIVAGANGA S/O VEERAPPA D AGED ABOUT 40 YEARS MEMBER OF LEGISLATIVE ASSEMBLY (MLA) CHANNAGIRI CONSTITUENCY R/AT NO.1939/4, 16TH CROSS ANJANEYA BADAVANE DAVANGERE - 577 004. 3. MUDEGOWDRA GIRISH S/O GOWDRA PARAMESHWARAPPA AGED ABOUT 48 YEARS OCC. BUSINESS, R/AT 1ST MAIN 1ST CROSS, TORALABALU BADAVANE DAVANAGERE - 577 005. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 4. SHASHIDHARA B.R S/O REVANASIDDAPPA B.S AGED ABOUT 40 YEARS OCC. SHOP KEEPER R/AT NEAR DURBAMBIKA SCHOOL 1ST STAGE, SHIVAKUMARASWAMY BADAVANE, DAVANAGERE - 577 005. 5. NAGARAJA K H S/O HANUMANTHAPPA K AGED ABOUT 50 YEARS OCC. BUSINESS R/AT NO.2198/a15, 3RD CROSS VIDYANAGARA, DAVANAGERE - 577 003. 6. JAYAKUMAR M D S/O DEVENDRAPPA H AGED ABOUT 50 YEARS OCC. FARMER, R/AT NO.2000/4 1ST MAIN ROAD, TARALABALU BADAVANE, DAVANAGERE - 577 005. 7. UMAPATHI M S/O MAHADEVAPPA AGED ABOUT 48 YEARS OCC. BUSINESS R/AT NO.2000/4, BEHIND VANI RICEMILL, TARALABALU BADAVANE, DAVANAGERE - 577 005. 8. CHANNABASAPPA K.S S/O SIDDABASAPPA AGED ABOUT 50 YEARS OCC. CONTRACTOR R/AT ALURU VILLAGE DAVANAGERE TQ. AND DISTRICT - 577 512. 9. MUNIYAPPA T.M S/O MAHESHWARAPPA AGED ABOUT 60 YEARS OCC. FARMER, R/AT HONNURU VILLAGE, DAVANAGERE TQ AND DISTRICT - 577 003. - 3 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 10. RAMESH B.J S/O JAYADEVAPPA J.B AGED ABOUT 38 YEARS OCC. BUSINESS R/AT NOOTAN COLLEGE ROAD, LIC COLONY DAVANAGERE - 577 003. 11. VEERESHA T K S/O KADLEPPA AGED ABOUT 42 YEARS OCC. SHOP EMPLOYEE R/AT HONNURU VILLAGE DAVANAGERE TQ AND DIST. - 577 003. 12. SIDDESH K.R S/O REVANASIDDAPPA K.P AGED ABOUT 50 YEARS OCC. BUSINESS, R/AT BEHIND VANI RICEMILL, BESIDE FLOOR MILL TARALABALU BADAVANE DAVANAGERE - 577 005. 13. BANAKAR D.N S/O NARAPPA D.N AGED ABOUT 40 YEARS OCC. BUSINESS R/AT ANJANEYA BADAVANE DAVANAGERE - 577004. 14. KARIBASAPPA B (DEAD) S/O BASAPPA B AGED ABOUT 54 YEARS OCC. POLITICIAN R/AT ELEBETHURU VILLAGE DAVANAGERE TQ AND DIST. 577002. 15. SRINIVASA B.V S/O VEERAPPA D AGED ABOUT 42 YEARS OCC. BUSINESS R/AT 4292/14, 17TH CROSS ANJANEYA BADAVANE DAVANAGERE - 577004. - 4 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 16. SANGAPPA G.N S/O NEELAKUNTAPPA B AGED ABOUT 65 YEARS OCC. FARMER, R/AT GANGANAKATTE VILLAGE DAVANAGERE TQ AND DIST. 577556. 17. RAVI K.P S/O PACHAPPA AGED ABOUT 52 YEARS OCC. REAL ESTATE DEALER R/AT NO.1724/29, 2ND CROSS SIDDAVEERAPPA BADAVANE DAVANAGERE - 577003. 18. GANGADHAR ANABERU S/O MAHESHWARAPPA AGED ABOUT 53 YEARS OCC. BUSINESS R/AT TARALABALU BADAVANE DAVANAGERE - 577005. 19. SHIVAKUMAR N.G S/O NANJUNDAPPA N.G @ NANJAPPAGOWDRU AGED ABOUT 35 YEARS OCC. FARMER R/AT KUNDURU VILLAGE HONNALI TALUK DAVANAGERE DIST. 577217. 20. ANISH CHANDRA A.B S/O BASAVARAJA A.B AGED ABOUT 34 YEARS OCC. SELF EMPLOYEE R/AT NO.63, GOWRISHANKAR NILAYA 1ST CROSS, MALLIKARJUNA LAYOUT AMARAVATHI, DAVANAGERE - 577 001. 21. CHANDAN K.S S/O SIDDAPPA AGED ABOUT 26 YEARS OCC. MBA STUDENT R/AT 2ND MAIN 2ND CROSS - 5 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 TARALABALU BADAVANE DAVANAGERE 577005. 22. ANNAPPA N.G S/O LATE GOWDRA RUDRAPPA AGED ABOUT 64 YEARS OCC. FARMER R/AT NARAGANAHALLI VILLAGE DAVANAGERE TQ AND DIST.577534. 23. GURUSWAMY G.D S/O DYAMAPPA AGED ABOUT 65 YEARS OCC. BUSINESSMAN R/AT NO.1659/21 1ST MAIN, 1ST CROSS TARALABALU, BADAVANE DAVANAGERE - 577 005. 24. AKSHAY B.T S/O THIPPESWAMY B.K AGED ABOUT 25 YEARS OCC. EMPLOYEE IN PRIVATE FIRM R/AT BEHIND GREEN PARK SHAMANURU ROAD DAVANAGERE 577004. 25. NAGARAJA M S/O MAHADEVAPPA AGED ABOUT 50 YEARS OCC. BUSINESSMAN RA/T NO.1675/186 SIDDARAMESHWARA BADAVANE, DAVANAGERE 577001. 26. CHIDANANDAPPA M.K (DEAD) S/O KALLAPPA M.K AGED ABOUT 55 YEARS OCC. FARMER R/AT IGURU VILLAGE DAVANAGERE TQ AND DIST.577512. 27. MURUGESHAPPA H.B S/O BASAPPA AGED ABOUT 65 YEARS - 6 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 OCC. FARMER R/AT HEDNI VILLAGE DAVANAGERE TQ AND DIST. 577525. 28. NAVEEN M.R S/O LATE RAMAPPA AGED ABOUT 30 YEARS OCC. FARMER R/AT NEAR GANESHA TEMPLE ANAGODU VILLAGE DAVANAGERE TQ AND DIST 577566. 29. MARUTHI H.K S/O KALLAPPA AGED ABOUT 20 YEARS OCC. FARMER RA/T OPP. MILK DAIRY POINT, GOPANAL VILLAGE DAVANAGERE, TQ AND DIST. 577213. 30. SHIVAKUMAR DEVARAMANE S/O MAHARUDRAPPA D AGED ABOUT 52 YEARS OCC. BUSINESSMAN R/AT NO.2517/12 3RD A MAIN ROAD S S LAYOUT, DAVANAGERE 577004. 31. DHANANJAYA S/O BASAPPA AGED ABOUT 42 YEARS OCC. BUSINESSMAN R/AT HOSAKADLEBALU VILLAGE DAVANAGERE TQ AND DIST.577589. 32. ABHISHEK S/O NAGAPPA T AGED ABOUT 22 YEARS OCC. STUDENT R/AT TIRUKAPPARA FAMILY NEAR GANE, ANAGODU VILLAGE DAVANAGERE TQ AND DIST.577556. 33. RAMESHA S/O DEVENDRAPPA AGED ABOUT 32 YEARS - 7 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 OCC. LABOURER R/AT NALKUNDA FAMILY, NEAR GANESHA TEMPLE, ANAGODU VILLAGE, DAVANAGERE TQ AND DISTRICT - 577556. 34. SIDDESHA S/O MARULAPPA AGED ABOUT 21 YEARS OCC. STUDENT R/AT RAMENAHALLERA FAMILY NEAR GANESHA TEMPLE ANAGODU VILLAGE DAVANAGERE TQ AND DIST.577556. 35. RAVIKUMAR S/O SANNA NINGAJJARA REVANNA AGED ABOUT 38 YEARS OCC. X-RAY TECHNICIAN RA/T URLAKATTE VILLAGE JAGALURU TALUK DAVANAGERE DIST.577528. 36. UMESH S/O CHIDANANDAPPA AGED ABOUT 30 YEARS OCC. BUSINESSMAN R/AT HORATER FAMILY HARVEST MACHINE WORKS HOSA OORU, GOPANAL VILLAGE DAVANAGERE TQ AND DIST.577213. 37. KIRAN K.S S/O SHIVAKUMAR AGED ABOUT 30 YEARS OCC. BUSINESSMAN R/AT HARVEST MACHINE WORK SAMPIGE ROAD, GOPANAL VILLAGE DAVANGERE TQ AND DIST 577213. 38. AJJAIAH H.P S/O PARAMESHWARAPPA AGED ABOUT 31 YEARS OCC. FARMER RA/T HORATER FAMILY, HOSA - 8 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 OORU, GOPANAL VILLAGE DAVANAGERE TQ AND DIST.577213. 39. MANJUNATHA G.K S/O KALLAPPA AGED ABOUT 29 YEARS OCC. FARMER, R/AT HARVEST MACHINE WORK, GOSA OORU GOPANAL VILLAGE DAVANAGERE TQ AND DIST.577213. 40. HANUMANTHAGOWDA G.K S/O KUBERAPPA AGED ABOUT 32 YEARS OCC. FARMER, R/AT HARVEST MACHINE WORK, HOSA OORU GOPANAL VILLAGE DAVANAGERE TQ AND DIST.577213. 41. PARAMESHA G.K (DEAD) S/O KALLAPPA AGED ABOUT 30 YEARS OCC. FARMER R/AT DYAVAPLARA, KOTE GOPANAL VILLAGE DAVANGERE TQ AND DIST.577213. 42. VEERENDRA PATIL S/O KARIVASAPPA AGED ABOUT 30 YEARS OCC. FARMER R/AT KOTE AREA GOPANAL VILLAGE DAVANAGERE TQ AND DIST.577213. 43. RAVINDRARADYA S/O THIPPANNA E.N AGED ABOUT 52 YEARS OCC. BUSINESSMAN R/AT AREHALLI VILLAGE DAVANAGERE TQ AND DISTR.577525. …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; SRI DINESH KUMAR K RAO, ADV., FOR - 9 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 R-2 TO R-13, 15 TO 25, R-27 TO R-40, R-42 & R-43; SRI R. SURESH, ADV., FOR R-16 & R-17(NOC);V/O DTD:14.08.2025 R-14, R-26 AND 41 ARE REPORTED TO BE DEAD) THIS CRL.P IS FILED U/S.407 CR.P.C PRAYING TO TRANSFER THE CASE IN SC/ST (SPL.)C.NO.3/2020 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE FOR THE OFFENCE P/U/S 143, 147, 504, 506, 507, 294, 114, 117, 149 OF IPC AND SEC. 3(1)(r), 3(1)(s), 3(1)(t), 3(2)(va) OF SC/ST (POA) ACT, TO THE SPECIAL COURT FOR MPs/MLAs CASES AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This petition under Section 407 of Cr.P.C. is filed by the defacto complainant with a prayer to transfer SC/ST (Spl) Case No.3/2020 pending before the Court of II Addl. District and Sessions Judge, Davanagere, to the Court of Special Court for MP/MLA cases at Bengaluru. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that respondent No.2 herein, who is arraigned as accused No.2 in SC/ST (Spl) Case No.3/2020 is a sitting MLA from Channagiri constituency. Therefore, in view of the judgment of the Hon'ble - 10 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 Supreme Court, the present case is required to be transferred to the Special Court for cases pertaining to MPs/MLAs. In support of his arguments, he has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Ashwini Kumar Upadhyay vs. Union of India and Another - (2024) 1 SCC 185, the judgment of the High Court of Manipur in the case of Shri Yengkhom Surchandra Singh vs. Shri Mayanglambam Rameshwor Singh - 2024 SCC OnLine Mani 32 and the judgment of High Court of Delhi in the case of Manjinder Singh Sirsa v State of NCT of Delhi and Anr - 2024 SCC OnLine Del 70. 4. Per contra, learned counsel for respondent No.2 submits that as on the date of the alleged incident, respondent No.2 was not a MLA. Merely for the reason that he has subsequently become MLA, the case in question need not be transferred to the Special Court. Accordingly, he prays to dismiss this petition. In support of his arguments, he has placed reliance on the judgment of the High Court of Andhra Pradesh in the case of Kolusu Partha Sarathy vs. State of Andhra Pradesh - 2021 SCC OnLine AP 4466. - 11 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 5. Undisputed facts of the case are, based on the first information submitted by the petitioner herein, FIR was registered by Davanagere Extension Police Station, Davanagere, for the offences punishable under Sections 143, 149, 147, 504 and 506 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(v-a) of the SC/ST (POA) Act, 1989 and in the said case, respondent No.2 herein was arraigned as accused No.2. After completing investigation, charge sheet has been filed in the said case for the offences punishable under Sections 143, 147, 504, 506, 507, 294, 114, 117 and 149 of IPC and Sections 3(1)(r), 3(1)(s) and 3(1)(t), 3(2)(v-a) of the SC/ST (POA) Act, 1989. Respondent No.2 herein is arrayed as accused No.2 in the charge sheet and the case is now pending before the Court of II Addl. District and Sessions Judge and Special Judge, Davanagere in SC/ST (Spl) Case No.3/2020. The alleged incident had taken place on 25.04.2019. Respondent No.2 was declared elected as MLA of Channagiri constituency on 13.05.2023. 6. The Hon'ble Supreme Court in the case of Ashwini Kumar Upadhyay (supra), after hearing all the stakeholders, - 12 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 including the State Governments, in paragraph No.21, has observed as follows:- "21. Having considered the matter in detail, we direct that: 21.1. The learned Chief Justices of the High Courts shall register a suo motu case with the title, “In Re : Designated Courts for MPs/MLAs” to monitor early disposal of criminal cases pending against the Members of Parliament and Legislative Assemblies. The suo motu case may be heard by the Special Bench presided by the learned Chief Justice or a Bench assigned by them. 21.2. The Special Bench hearing the suo motu case may list the matter at regular intervals as is felt necessary. The High Court may issue such orders and/or directions as are necessary for expeditious and effective disposal of the subject cases. The Special Bench may consider calling upon the Advocate General or the Public Prosecutor to assist the Court. 21.3. The High Court may require the Principal District and Sessions Judge to bear the responsibility of allocating the subject cases to such court or courts as is considered appropriate and effective. The High Court may call upon the Principal District and Sessions Judge to send reports at such intervals as it considers expedient. 21.4. The Designated Courts shall give priority: (i) first to criminal cases against MPs & MLAs punishable with death or life imprisonment then to (ii) - 13 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 cases punishable with imprisonment for 5 years or more, and then hear (iii) other cases. The Trial courts shall not adjourn the cases except for rare and compelling reasons. 21.5. The learned Chief Justices may list cases in which orders of stay of trial have been passed before the Special Bench to ensure that appropriate orders, including vacation of stay orders are passed to ensure commencement and conclusion of trial. 21.6. The Principal District and Sessions Judge shall ensure sufficient infrastructure facility for the designated Courts and also enable it to adopt such technology as is expedient for effective and efficient functioning. 21.7. The High Courts shall create an independent tab on their website providing district-wise information about the details of the year of filing, number of subject cases pending and stage of proceedings. We make it clear that while monitoring the subject cases, the Special Bench may pass such orders or give such additional directions as are necessary for early disposal of the subject cases." 7. Subsequently, the State Government in consultation with the High Court has established a Special Court in Bengaluru for trial of cases filed against MPs/MLAs in the State of Karnataka. The object of establishing Special Courts to hear criminal cases relating to MPs/MLAs is for early disposal of criminal cases - 14 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 pending against them. It is under these circumstances, the Hon'ble Supreme Court had directed the High Courts to monitor the functioning of the Special Courts. The High Court of Delhi in the case of Manjinder Singh Sirsa (supra), after referring to the judgment of the Hon'ble Supreme Court in case of Ashwini Kumar Upadhyay(supra) in paragraph Nos.25 to 27, has observed as follows:- "25. A reading of the above order will also reveal that the objective behind constituting the Special Courts to deal with cases filed against MPs/MLAs, sitting or former, was with a view to ensure that cases pending against them are tried expeditiously. iii. Conclusion 26. Admittedly, the petitioner herein is a former MLA and the argument that he had ceased to be an MLA at the time of commission of alleged offence cannot be a bar to his case being tried by the Special Court, constituted to deal with the criminal cases pending against MPs/MLAs. This Court is also of the opinion that the learned counsel for petitioner has failed to convince this Court, as to how his case, being tried expeditiously, can cause any prejudice to the petitioner. 27. In such circumstances, this Court is of the view that there is no infirmity in the order of the learned ACMM, - 15 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 and the holistic reading of the judgment of the Hon'ble Apex Court points out that the Special Courts can try offences pending against sitting or former MPs/MLAs, and there is no specific bar for trial of a person who had ceased to be an MP/MLA, when he had allegedly committed an offence." 8. In the case of Shri Yengkhom Surchandra Singh (supra), the High Court of Manipur in paragraph Nos.21 to 23, has observed as follows:- "21. It may be noted that the Special Courts established to try cases of former and sitting legislatures as directed by Hon'ble Supreme Court are offender-specific and the object behind establishment of such Special Courts through out the country is for expediting the cases against the former and sitting legislatures. With due respect, the view of Andhra Pradesh High Court in the case of Kolusu Partha Sarathy (supra) seems to be very restrictive and the decision of Delhi High Court in the case of Manjinder Singh Sirsa (supra) is in tune with the directions of the Hon'ble Apex Court in the case of Ashwini Kumar Upadhyay (supra). 22. Considering the propositions of law as discussed above, this Court is of the view that the Special Courts (MPs/MLAs), Manipur will have jurisdiction to try cases against former and sitting Legislatures (MPs/MLAs), notwithstanding the fact that such offences were - 16 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 committed prior to becoming a legislature; or as a sitting legislature; or after demitting office as a legislature. Accordingly, the points raised in Para 11 are answered in affirmative, meaning thereby that the Special Courts have jurisdiction to try all cases against the former and sitting legislatures irrespective of their status at the time of commission of such offences. 23. Let us apply the principles arrived at Para 21 to the facts of the present case. Admittedly, the petitioner/accused was a former MLA at the time of the commission of the alleged offence. In terms of the decision of Delhi High Court in the case of Manjinder Singh Sirsa (supra) and the principles of law in this regard as arrived by this Court in Para 21, it is evident that the Special Court (MPs/MLAs) No. 2, Manipur is competent to try the case being Cril. (C) Case No. 10 of 2022 filed by the respondent/complainant against the petitioner/accused for the offence committed after he ceased to be an MLA." 9. In the case of Kolusu Partha Sarathy (supra), the High Court of Andhra Pradesh has taken a restrictive definition of the words, namely, 'elected members of Parliament' and 'members of the Legislative Assembly' and it was held that Special Court would have jurisdiction to try offences committed by former or sitting legislature provided that on the day of offence, they - 17 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 were sitting legislatures (MPs/MLAs). The very object and intention of establishing Special Courts for trial of criminal cases relating to MPs and MLAs is to expeditiously dispose of their cases and therefore, whether the accused has committed the offence as a sitting MLA or whether he has become an MLA after committing the offence is of no consequence. Therefore, I am of the opinion that the view taken by the High Court of Delhi and High Court of Manipur in the cases cited supra, is justified. As on this day, respondent No.2 is a sitting MLA and if the object of establishing Special Courts for the trial of cases relating to MPs and MLAs is taken into consideration, I am of the opinion that the prayer made by the petitioner for transfer of SC/ST (Spl) Case No.3/2020 pending before the Court of II Addl. District and Sessions Judge, Davanagere, to the Court of Special Court for MPs/MLAs cases at Bengaluru, is justified. Accordingly, the following order:- 10. The criminal petition is allowed. The Special Case in SC/ST (Spl) Case No.3/2020 pending before the Court of II Addl. District and Sessions Judge, Davanagere, is withdrawn and is directed to be transferred to the 'Special Court in - 18 - HC-KAR NC: 2026:KHC:32539 CRL.P No. 1510 of 2024 Bengaluru City, for trial of criminal cases filed against MPs/MLAs in the State of Karnataka', for the purpose of trial and disposal of the case in accordance with law. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 42