Karnataka High Court
The State Of Karnataka vs Dr. Vinayaka Prasanna S/O. ... on 21 August, 2014
Author: L.Narayana Swamy
Bench: L.Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21 S T DAY OF AUGUST, 2014
BEFORE
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
CRIMINAL PETI TION No.11748/2013
BETWEEN:
THE STATE OF KARNATAKA
THROUGH CID BANGALORE
R/BY ADDL. SPP DHARWAD
... PETI TIONER
(BY SRI.VIJAYAKUMAR MAJAGE, HCGP)
AND:
1. DR. VINAYAKA PRASANNA S/O. SURYANARAYANA
AGE: 37 YEARS, OCC: ASST. PROFESSOR VIMS
HOSPITAL R/O. B-21, VIMS QUARTERS, BELLARY
2. D H KRISHNA MURTHY S/O. HONNEGOUDA
AGE: 35 YEARS,
OCC: COMPUTER PROGRAMMER
R/O. NO. 61, 3RD CROSS,
VINAYAKA EXTENSION
2ND PHASE, VIJAYANAGAR,
BANGALORE-40
3. B SOMASHEKAR S/O. B L CHIKKA BOREGOUDA
AGE: 34 YEARS, OCC: COMPUTER OPERATOR
R/O. NO. 261, 6TH MAIN ROAD,
SRINAGAR PIPELINE BANGALORE-50
2
4. MALLIKARJUNA JOGALEKAR
S/O. BHIMARAO AGE: 40 YEARS,
OCC: FDA VIMS, BELLARY
R/O. VIMS C 18
VIMS QUARTERS, BELLARY
5. DR. KANTESH YALLAPUR
S/O. LOHITHAPPA YALLAPUR
AGE: 36 YEARS, OCC: ASST. PROFESSOR
ORTHOPEDIC DVN. VIMS, BELLARY
R/O. S L V NILAYA, IST CROSS
RENUKA NAGAR, TALURU ROAD
BELLARY
6. DR VANAJA D, D/O. VINAYAKA PRASANNA
AGE: 34 YEARS, OCC: ASST. PROFESSOR
VIMS BELLARY R/O. B-21, VIMS QUARTERS
BELLARY
7. DR BHARATH KUMAR G N
S/O. NARASIMHAMURTHY
AGE: 37 YEARS,
OCC: PHYSICIAN, PHC KUKANOOR, DIST: KOPPAL
R/O. VIMS QUARTERS KUKANOOR
NO 3391/46 3RD CROSS,
VINAYAK NAGAR, VIDYANAGAR
DAVANGERE
8. DR. PRAVEEN KUMAR A S,
S/O. SHIVAPPA AGE: 32 YEARS,
OCC: PHYSICIAN,
PRIVATE NURSING HOME BANGALORE
R/O. H NO. 3, 5TH MAIN ROAD
RAGHAVENDRA LAYOUT, BANASHANKARI
3RD PHASE, HOSAKEREHALLI
BANGALORE-85
9. DR. BHASKAR RAO K GOVIND SETTY
AGE: 38 YEARS, OCC: PHYSICIAN,
3
R/O. FLAT NO. 102, SHIVA SAI
RESIDENCY RUKMINIPURAM
COLONY, HYDERABAD STATE : ANDRAPRADESH
10. DR. UDAYA RAVI S/O. CHANNA BASAPPA
AGE: 25 YEARS, OCC: P G STUDENT
BANGALORE MEDICAL COLLEGE
R/O. H NO. 215, 6TH CROSS, II MAIN ROAD
HANUMANTHA NAGAR BANGALORE
11. DR. SUMA D/O. DR BHARATH KUMAR
AGE: 34 YEARS, OCC: P H C KUKANOOR
DIST: KOPPAL, R/O. NO. 3391/46,
3RD CROSS, VINAYAKA EXTENSION
VIDYANAGAR, DAVANGERE
12. DR SANTOSH S/O. RUDRAPPA
AGE: 25 YEARS, OCC: PHYSICIAN
R/O. NO. 19, P G HOSTEL 3
RIMS, IMPAL MANIPUR, PERMANENT ADDRESS: WATER
TANK BEHIND, SUBRAMANYA LAYOUT,
GARUDACHARPAYLA, MAHADEVAPUR POST,
BANGALORE-48
13. DR M P PRAVEEN S/O. CHANNABASAPPA
AGE: 23 YEARS, OCC: PHYSICIAN
R/O. 215, 6TH CROSS, 11TH MAIN ROAD,
HANUMANTHA NAGAR,
BANGALORE-50
14. DR FIRDUSH SULTANA W/O. AZGAR AMEEN
AGE: 28 YEARS, OCC: P G STUDENT
R/O. NO. 1610, 2ND FLOOR
7TH MAIN ROAD(2)
KANAKA STREET, RADIO PARK, BELLARY
PRESENT ADDRESS: H NO. 16,
2ND FLOOR, 7TH CROSS,
KUMARASWAMY LAYOUT, NEAR SBI BANK, BANGALORE
4
15. DR. BHARATHI D K
W/O. DR YOGENDRA K NAYAK (LATE) AGE: 39 YEARS,
OCC: P G STUDENT
R/O. GENEOOLOGY AND OBSTETRIC DIVISION, IST
CROSS, S N PET, BELLARY
AT PRESENT ADD: ROOM NO. 4, KB 2,
ADICHUNCHANAGIRI INSTITUTE OF MEDICAL SCIENCE
B J NAGAR NAGAMANGALA TALUK
DIST: MANDYA
16. DR. BASAVARAJ K, S/O. SHEKARAPPA K
AGE: 36 YEARS, OCC: PHYSICIAN PHC,
DODDANDAVADI, TQ: KOLLEGALA
R/O. C/O. JAYAKUMAR
VENKATESHWARA SAW MILL OPPOSITE
BASTIPUR ROAD, KOLLAGALA
DIST: CHAMARAJANAGAR
17. DR. VINOD KARAGI S/O. LAKKAPPA R KARAGI
AGE: 26 YEARS,
R/O. NO. 205, SAI PLAZA, APARTMENT, KIMS
COMPOUND BEHIND HUBLI
PERMANENT ADD:
VIDYANAGAR, LET NEAR B ED COLLEGE, GOKAK,
BELGAVI DISTRICT.
18. DR. ABHIJIT PATIL
S/O. SUBHASH PATIL
AGE: 25 YEARS, OCC: P G STUDENT
R/O. 8-6-38, J P NAGAR
KHB COLONY, BIDAR
19. DR M HARIDATTATREYA S/O. M VEGA
AGE: 30 YEARS, OCC: PHYSICIAN, VIMS BELLARY
R/O. 4TH CROSS, VIDYANAGAR,
NEAR OPD, BELLARY
20. DR. B DHANANJAY S/O. B KRISHNAN
AGE: 43 YEARS,
OCC: GENERAL DUTY MEDICAL OFFICER
5
VIMS, BELLARY
R/O. NO. 33(6), 16TH WARD,
RADHIKA TAKIES ROAD,
PRAGATHI GRAMINA BANK OPP
BELLARY
21. DR V SURESH S/O. R VENUGOPAL
AGE: 27 YEARS, OCC: M D GENERAL MEDICINE
VIMS HOSPITAL
R/O. INDIRANAGARA, IST CROSS
KOLGAL ROAD, BELLARY
22. DAVID PRABHAKAR DIYYA
S/O. D SWAMYDAS
AGE: 38 YEARS, OCC: COMPUTER OPERATOR
R/O. DOOR NO. 165, IST CROSS WEST, NEAR OPD,
AIRPORT ROAD VIDYANAGAR, BELLARY
...RESPONDENTS
(BY SRI.K.L.PATIL, SRI.T.HANUMAREDDY, ADVS. FOR
R1, R5, R6, R19, R22,
SRI.T.HANUMAREDDY, ADV. FOR R3, R4, R8,
R14,R16,
SRI.V.P.KULKARNI, ADV. FOR R7, R9-13, R20,
SRI.MANJUNATH JADAI, ADV. FOR R15,
SRI.J.S.SHETTY ASSOCIATES FOR R17,
SRI.G.I.GACHCHINAMATH, ADV. FOR R18,
SRI.N.D.GUNDE, FOR R21,
R2 SERVED)
THIS PETI TION IS FILED UNDER SECTION
407(1)(C) OF CR.P.C. SEEKING TO TRANSFER THE
SPECIAL CASE NO.126/2012 PENDING ON THE FILE
OF THE PRL. DIST. & SESSIONS COURT AND
SPECIAL COURT, BELLARY TO THE SPECIAL COURT
AT BANGALORE.
THIS PETI TION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
6
ORDER
Though the matter is listed for orders, with the consent of both the parties, the same is taken up for final disposal.
2. This criminal petition is filed under Section 407(1)(c) of Cr.P.C. with a prayer to transfer this special case No.126/2012 pending before the Principal District and Sessions Judge and Special Court at Bellary to the Special Court at Bangalore. The grounds urged by the petitioner is that during the year 2011, Rajiv Gandhi University of Health Sciences (RGUHS), Bangalore has conducted Post Graduate examination (PGET)-2011 at Bellary VIMS Centre at Bellary and there was some malpractice in the examination and a case was registered against the accused persons and the charge sheet is filed by the Investigating Officer who is the CID Police, Bangalore. The prosecution 7 has listed 157 witnesses, of which, 87 are from Bangalore and 48 from Bellary and the remaining witnesses are from other parts of the State. The office of the CID Police is situated in Bangalore, the accused persons are having the possibility of influencing the witnesses and most of them are residing in Bangalore and other parts of the State. Under these circumstances, learned counsel submits that Sub Clause (c) of Sub Section 1 of Section 407 of Cr.P.C. enables the High Court to grant the relief in the ends of justice.
3. The detailed report made on behalf of the Inspector General of Police, CID, Bangalore dated 19.04.2013 corresponding to the Principal Secretary to the Government has been produced and it is referred to the importance of transfer of the case from Bellary to Bangalore in the ends of justice. It is further submitted that most of the 8 accused persons are from outside the Bellary and it is difficult for them to appear before the trial Court. Hence, learned counsel submitted that in the ends of justice, this Court may take note of the same and transfer the case from Bellary to Bangalore.
4. On behalf of the accused, learned counsel submitted to dismiss this petition. He submitted that most of the official witnesses are in Bangalore and it is convenient for them to travel to Bellary, since they are coming and going in the official capacity. Secondly, most of the accused persons who are from Bellary and they have to attend on all the dates of hearing, which will cause hardship to them as well as they incur more expenditure in case of transfer. Under these circumstances, learned counsel submitted that the trial to be conducted in the territorial Court. The learned 9 counsel further submitted that in Bellary the pendency is very low and there is a possibility of early disposal of the case, whereas, if it is transferred to Bangalore, the trial cannot be completed within 2 to 3 years. Hence, learned counsel submitted not to transfer this matter to Bangalore.
5. I have heard both the parties.
6. Under Section 407(1)(c) of Cr.P.C., it is applicable to transfer of any case in the ends of justice. In the instant case, most of the persons who are residing outside Bellary and as many as 48 witnesses are in Bellary and about 87 witnesses are from Bangalore. The official witnesses who are about 87 in number, it is their duty to travel whenever the trial has to take place and it is the duty of the accused persons to be present on all the dates of trial. As is submitted 10 by the learned counsel for the respondents, pendency in Bellary is less compared to the pendency in Bangalore. If it is transferred to Bangalore, it will take more time to complete the case and it is as good as keep the case pending for about a decade, that is not in the ends of justice. Hence, I do not find any good reason to exercise power under Section 407(1)(c) of Cr.P.C.
Accordingly, petition stands rejected.
SD/-
JUDGE MBS/-