- 1 - HC-KAR NC: 2026:KHC:2479 CRL.P No. 15324 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15324 OF 2025 (407(Cr.PC) / 447(BNSS)) BETWEEN: 1. SMT. LEENA ABRAHAM W/O BYJU JOSEPH AGE ABOUT 42 YEARS OCC: HOUSE WIFE 2. KUMARI NANMA JOSEPH D/O SMT. LEENA ABRAHAM AND BYJU JOSEPH AGE ABOUT 7 YEARS BOTH ARE RESIDING AT No.A - 901 BRIGADE GARDENIA APARTMENT J P NAGAR 7TH PHASE BANGALORE – 560 078. PETITIONER No.2 IS MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. LEENA ABRAHAM THE PETITIONER No.1. …PETITIONERS (BY SMT. LEENA ABRAHAM, PARTY-IN-PERSON) AND: 1. BYJU JOSEPH AGED ABOUT 45 YEARS S/O TJ VARGHESE RESIDING AT Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2479 CRL.P No. 15324 of 2025 (1) No.4/1, 5TH CROSS THARAMANNIL HOUSE MUDDANNA GARDEN VALAGARAHALLI ROAD HARSHA LAYOUT KENGERI BANGALORE – 560 060. AND ALOS RESIDING AT: (2) BYJU JOSEPH PROJECT MANAGER M/S INTELLIGENT SOFTWARE SOLUTIONS PVT. LTD 2A/3RD FLOOR, SOBHA ALEXANDER PLAZA 16/2, COMMISSIONARAT ROAD BENGALURU – 560 025. ALSO RESIEING AT (3) No.6-7 14, MINAMI YOSHINARI AOBA-KU SENDAI MIYAGI – 989 3204 JAPAN PASSAPORT NUMBER - S5618316 PAN NUMBER- AESPJ6488B. 2. T J VARGHESE RESIDING AT (1) AGE ABOUT 74 YEARS No.4/1 5TH CROSS, THARAMANNIL HOUSE MUDDANNA GARDEN VALAGARAHALLI ROAD HARSHA LAYOUT KENGERI BANGALORE – 560 060. 3. ANNAMMA VARGHESE RESIDING AT (1) AGE ABOUT 70 YEARS No. 4/1 5TH CROSS, THARAMANNIL HOUSE MUDDANNA GARDEN VALAGARAHALLI ROAD HARSHA LAYOUT KENGERI BANGALORE – 560 060. 4. SHIJU T VARGHESE AGED 43 YEARS S/O T J VARGHESE - 3 - HC-KAR NC: 2026:KHC:2479 CRL.P No. 15324 of 2025 RESIDING AT (1) No.4/1, 5TH CROSS THARAMANNIL HOUSE MUDDANNA GARDEN VALAGARAHALLI ROAD HARSHA LAYOUT KENGERI BANGALORE – 500 060. 5. SOUMYA SHIJU VARGHESE AGE ABOUT 42 YEARS R/A (1) No. 4/1 5TH CROSS, THRARAMANNIL HOUSE MUDDANNA GARDEN, VALAGARAHALLI ROAD HARSHA LAYOUT KENGERI BANGALORE – 560 060. …RESPONDENTS THIS CRL.P IS FILED UNDER SECTION 407 Cr.P.C. (FILED UNDER SECTION 447 BNSS) PRAYING TO TRANSFER PCR 5234/2024 BEFORE A.C.M.M 4 AT BENGALURU AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed under Section 407 of Cr.P.C. and 447 of BNSS praying to transfer PCR No. 5234/2024 pending on the file of IV Additional Chief Judicial Magistrate, Bengaluru, to XXX Additional Chief Judicial Magistrate, Bengaluru, wherein C.C. No. 6951/2023 is pending. Petitioner has also sought for transfer of Crl.Misc. No. 99/2024 and Crl.Misc. No. - 4 - HC-KAR NC: 2026:KHC:2479 CRL.P No. 15324 of 2025 117/2024 pending on the file of MMTC II, Bengaluru to IV Additional Chief Judicial Magistrate, Bengaluru. 2. Heard petitioner – party in person on maintainability of the petition. 3. Section 407(2) Cr.P.C. reads as under: “407 – Power of High Court to transfer cases and appeals 1. XXX XXX 2. The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative: Provided that no application shall lie to the High Court for transferring a case from one criminal Court to another criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.” 4. The proviso provided to sub-section (2) of Section 407 Cr.P.C. provides that no application shall lie before the High Court for transferring the case from one - 5 - HC-KAR NC: 2026:KHC:2479 CRL.P No. 15324 of 2025 criminal Court to another criminal Court in the same Sessions division unless an application for such transfer has been made to the Sessions Judge and rejected by him. Similar provision is also in Section 447(2) of BNSS. 5. All the cases which the petitioner is seeking transfer are within the sessions division of Principal City Civil and Sessions Judge, Bengaluru. Petitioner has not filed earlier any petition before the Principal City Civil and Sessions Judge, Bengaluru, seeking transfer of the case pending within his sessions division. All the cases which the petitioner is seeking transfer are pending within the sessions division of Principal City Civil and Sessions Judge, Bengaluru. Petitioner can make a petition before the Principal City Civil and Sessions Judge, Bengaluru under Section 408 of Cr.P.C / Section 448 of BNSS seeking transfer of cases pending before different Courts in the division of Principal City Civil and Sessions Judge, Bengaluru. - 6 - HC-KAR NC: 2026:KHC:2479 CRL.P No. 15324 of 2025 6. Considering the above aspects the petition filed by the petitioner – party-in-person is not maintainable. Hence, the petition is dismissed as not maintainable. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 5 Ct.sm