- 1 - HC-KAR NC: 2026:KHC:12996 CRL.P No. 16461 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 16461 OF 2025 (407(Cr.PC) / 447(BNSS)) BETWEEN: 1. MR.AZMATULLA KHAN AGED ABOUT 44 YEARS, S/O REHMATHULLA, R/AT HOUSE NO. 594, 5TH CROSS, BASAVANAGAR, K.J. HALLI, BENGALURU - 45. 2. MR. YASEEN @ MOHAMMED AGED ABOUT 33 YEARS, S/O HAFEEZ MOHAMMED GOUZ, R/AT NO.594, 5TH CROSS, BASAVANAGAR, K.J. HALLI, BENGALURU – 45. 3. SYED MUNNA @ KALA MUNNA @ MUNNA AGED ABOUT 44 YEARS, S/O LATE SYED SARDAR, R/AT HANAFIA MASJEED ROAD, KUSHALNAGAR, K.J.HALLI, BANGALORE - 560 045. 4. MR. MOHAMMED ATIF @ ATTU AGED ABOUT 33 YEARS, S/O MOHAMMED GOUSE, R/AT HOUSE NO. 594, 5TH CROSS, BASAVANAGAR, K.J. HALLI, BENGALURU - 45. Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12996 CRL.P No. 16461 of 2025 (CURRENTLY IN CENTRAL PRISON BANGALORE …PETITIONERS (BY SRI. MUZAFFAR AHMED, ADVOCATE) AND: 1. THE STATE BY DJ HALLI POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. 2. MR TOUHEED AHMED S/O LATE YOUSUF AHMED, AGED ABOUT 33 YEARS, RESIDING AT 3, 1ST MAIN, 5TH CROSS CR.AMC ROAD, BASAVANAGAR, K.G.HALLI, BANGALORE - 45. …RESPONDENTS (BY SMT. ANITHA GIRISH N, HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 407 CR.PC (FILED U/S 447 BNSS) PRAYING TO TRANSFER S.C.NO.1234/2014 FROM THE COURT OF THE LXIII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-64 AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:12996 CRL.P No. 16461 of 2025 ORAL ORDER 1. The petitioners are before this Court seeking transfer of the case S.C.No.1234/2014 from the Court of the LXIII Addl. City Civil and Sessions Judge, Bengaluru (CCH.64) to any other competent Court in the City Civil and Sessions Division, Bengaluru. Brief facts of the case: 2. These petitioners are arraigned as accused Nos.2, 3, 5 and 10 in S.C.No.1234/2014 on the file of the LXIII Addl. City Civil and Sessions Judge, Bengaluru (CCH.64). They have been convicted for the offences punishable under sections 302 r/w 34 of the Indian Penal Code (for short “IPC”). The said conviction has been challenged by these petitioners before the Division Bench of this Court. The Division Bench, vide its order dated 25.06.2025, passed in Criminal Appeal No.1203/2025, set aside the conviction and remanded the matter to the Trial Court for fresh consideration, and directed the Trial Court to hear both the parties under Section 255 of the Bharatiya Nagarik - 4 - HC-KAR NC: 2026:KHC:12996 CRL.P No. 16461 of 2025 Suraksha Sanhita, 2023 (for short “BNSS”) and then proceed in accordance with law. 3. The petitioners had approached the Trial Court and filed an application under Section 408 of Criminal Procedure Code / 448 of BNSS before the Principal City Civil and Sessions Judge, Bengaluru, praying to transfer the said case to any other Court in the City Civil and Sessions Division at Bengaluru. The said Court opined that, this Court had directed to re-consider the matter afresh without any specific indication to post the matter to different Court. Hence, the prayer of the petitioners cannot be accepted. Being aggrieved by the said order, the petitioners are before this Court. 4. Heard the learned counsel Sri. Muzaffar Ahmed, learned counsel for the petitioners and Smt. Anitha Girish N., learned High Court Government Pleader for respondent No.1 – State. The respondent No.2 is served, but he remains unrepresented. - 5 - HC-KAR NC: 2026:KHC:12996 CRL.P No. 16461 of 2025 5. Learned counsel for the petitioners contended that, when the matter has been remanded for fresh consideration, it would be appropriate to transfer the case from the Court which passed the judgment of conviction. 6. It is further contended that the petitioners are having a reasonable apprehension that they would get similar order from the same Court. In order to secure them fair trial, it is appropriate to transfer the case to any other Court in the said City Civil Court. Making such submissions, learned counsel for the petitioners prays to allow the petition. 7. Per contra, learned High Court Government Pleader for the respondent No.1 - State vehemently submitted that, transfer of the case only on the ground that the petitioners had apprehension in their mind that they would get similar order may not be the ground to consider the application for transfer. The petitioners have not made out a case to allow the said application. Hence, the same has to be rejected. Making such submissions, - 6 - HC-KAR NC: 2026:KHC:12996 CRL.P No. 16461 of 2025 learned High Court Government Pleader for respondent No.1 prays to reject the petition. 8. Heard learned counsel for the respective parties and perused the order of the Division Bench of this Court. The Division Bench of this Court observed that the procedure contemplated under Sections 255 to 258 of BNSS has not been followed and an opportunity has to be given to the parties to address their arguments regarding their respective valid defences. If such an opportunity is not given, it cannot be held that the parties have secured a fair trial. 9. On reading of the observation made by the Division Bench of this Court, no doubt, the Court of the LXIII Addl. City Civil and Sessions Judge, Bengaluru (CCH-64) has passed a judgment of conviction against these petitioners and the matter has been remanded to the same Court for fresh consideration from the stage of Section 255 of BNSS. - 7 - HC-KAR NC: 2026:KHC:12996 CRL.P No. 16461 of 2025 10. Having considered the observation made by the Division Bench of this Court that the Trial Court has failed to follow the procedure contemplated under Sections 255 to 258 of BNSS, 2023 and also considered the reasonable apprehension of the petitioners, it is appropriate to transfer the case from CCH-64 to any other Court. It is needless to state that securing the fair trial or justice is the fundamental right of the parties who seek justice. No doubt, mere apprehension is not sufficient to transfer the case. However, such apprehension must be reasonable and appropriate. 11. In the present case, once the petitioners had already been convicted by the Trial Court and the said conviction had been set aside by the Division Bench of this Court. Such being the fact, it would be appropriate to pass the order as prayed for. 12. Hence, I proceed to pass the following:- ORDER i) The Criminal Petition is allowed. - 8 - HC-KAR NC: 2026:KHC:12996 CRL.P No. 16461 of 2025 ii) The learned Principal District and Sessions Judge, Bengaluru, is directed to transfer the case S.C.No.1234/2014 from the Court of the LXIII Addl. City Civil and Sessions Judge, Bengaluru (CCH-64) to any other competent Court in the City Civil and Sessions Division, Bengaluru. iii) Since it is an old matter, the competent court is directed to expedite the hearing of the matter, as per the order of the Division Bench of this Court in Criminal Appeal No.1203/2025. Sd/- (S RACHAIAH) JUDGE Bss List No.: 1 Sl No.: 50