IN THE HIGH COURT OF KARNATAKA CiRCUIT BENCH AT DHARWAD DATED THIS THE 27 DAY OF JANUARY2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMiNAL PET1TON No.10100/2011 BETWEEN: 1. Shri. Nagappa, S/o. Laxman Khot, Age: 38 years, 0cc: Agriculture, RIo. Mangur Village, Tq: Chikodi, Dist: Belgaum. 2. Shri. Shankar, S/o. Laxrnan Khot, Age: 46 years, 0cc: Agriculture, Rio. Mangur Village, Tq: Chikodi, Dist: Belgaurn. . . .Petitioners (By Shri. Neelendra D. Gunde, Advocate) AND: State of Karnataka by Chikodi Police, Represented by the State Public Prosecutor, High Court Building, Dharwad. . . . Respondent (By Shri. Anand Kumar Navalgimath, Government Pleader) This Criminal Petition is filed under Section 407 read with 482 of the Code of Criminal Procedure, seeking to set aside the order dated 23.12.2010 passed by the Principal Sessions Judge, Belgaum, in Criminal Misc.No.1434/2010 thereby dismissing the same and order for transfer of S.C.No.234/20l0 pending on the file of the Fast Track Court, Chikodi to any other Competent Court. This petition coming on for orders this day, the Court made the following: ORDER Heard the learned counsel for the petitioners. 2. The petitioners are accused in a Sessions Case pending before the Fast Track Court, Chikodi. A case was initially registered as Crime No.127/2010, for an offence punishable under Section 326 read with Section 34 of the Indian Penal Code. It appears that the injured in the incident has subsequently died and therefore. Section 302 read with Section 34 of the Indian Penal Code was included in the offence alleged against accused. It is the petitioners’ apprehension that one Krishnappa Adiveppa Khot, a relative of the deceased Mahadev Khot, is constantly visiting the Court in which the Sessions case is pending and he is meeting the concerned Public Prosecutor and other officers of the Court. It is also their case that the said Khot is announcing in his village that he has been able to influence the officers of the Court and therefore, conviction of the accused is a certainty. It is this circumstance, which made the petitioners to approach the Court with a petition under Section 407 of the Criminal Procedure Code. The Court below has rejected the petition on the ground that there are no allegations made against the Presiding Officer of the Court, the apprehension expressed is therefore, without basis and has rejected the same. 3. The learned counsel for the petitioners would re emphasize the said grounds and would submit that the Court below has not taken into account that Krishna Adiveppa Khot is a localite and he is the Principal of a Law College and he is highly influential. The apprehension of the petitioners that his confident statements that the conviction of the petitioners is a certainty, would lead to them believe that, the Judicial Officer concerned has also been influenced. 4 This is a baseless allegation and cannot be accepted. Accordingly, the petition is rejected. Sd/s Rsh RIDGE