Karnataka High Court Santosh And Ors vs The State Through Ashok Nagar P.S on 20 September, 2023 1 NC: 2023:KHCK:7527 CRL.P No. 200338 of 2023 R KALABURAGI BENCH DATED THIS THE 20TH DAY OF SEPTEMBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 200338 OF 2023 (407) BETWEEN: 1. SANTOSH S/O. LAXMIKANTAYYA SWAMY, AGE: 39 YEARS, OCC.: PRIVATE WORK, R/O. H.NO. 2197, NEAR HANUMAN TEMPLE, JAGAT, KALABURAGI 585 101. 2. NAGARAJ S/O. SIDDALINGAYYA BAZARMATH AGE: 22 YEARS, OCC: PRIVATE WORK, Digitally signed R/O. VILLAGE MAINDARGI, by SHILPA R TQ. AKKALKOT, TENIHALLI DIST. SOLAPUR, Location: HIGH COURT OF MAHARASTRA 413216. KARNATAKA 3. SHARANABASAPPA S/O. YEMANAPPA WADDI AGE: 46 YEARS, OCC: PRIVATE WORK, R/O. H.NO. 1147, ASHOK NAGAR, KALABURAGI 585103. ...PETITIONERS (BY SRI. NANDKISHORE BOOB,ADVOCATE) 2 NC: 2023:KHCK:7527 CRL.P No. 200338 of 2023 AND: THE STATE THROUGH ASHOK NAGAR P.S KALABURAGI, NOW REPRESENTED BY THE ADDL. SPP, HCKB AT KALBRG ...RESPONDENT (BY SMT. ANITA M. REDDY, HCGP) THIS CRL.P IS FILED U/S.407 OF CR.P.C. PRAYING TO TRANSFER SC NO.164/2019, WHICH IS PENDING ON THE FILE III ADDL. DISTRICT AND SESSIONS JUDGE KALABURAGI FOR TRYING / CONCLUDING / DISPOSAL OF THE SAID CASE, TO SOME OTHER CRIMINAL / SESSIONS COURT, COMING UNDER THE JURISDICTION OF PRINCIPAL DISTRICT AND SESSIONS JUDGE KALABURAGI, IN VIEW OF THE REASONS AS STATED ABOVE. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 01.09.2023, COMING ON FOR PRONOUNCEMENT THIS DAY, THIS COURT MADE THE FOLLOWING: ORDER This petition is filed by the petitioners/accused under Section 407 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') praying to transfer the Sessions Case No.164/2019 pending on the file of III Additional District and Sessions Judge, Kalaburagi, for trying/concluding/disposal of the case to some other 3 NC: 2023:KHCK:7527 CRL.P No. 200338 of 2023 Sessions Court coming under the jurisdiction of the Principal District and Sessions Judge, Kalaburagi. 2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court. The petitioners are accused No.1 to 3 and the respondent is complainantState. 3. This petition is filed by accused persons being aggrieved by rejection of transfer petition under Section 409 of Cr.P.C. by the learned Principal District and Sessions Judge, Kalaburagi (for short 'Trial Court') in Crl.Misc.No.459/2023 dated 27.03.2023. 4. It is contended that based on the complaint lodged by the complainant, a case has been registered against the accused persons for the offence punishable under Section 302 read with Section 34 of IPC. Later, the Investigating Officer has investigated the matter and filed chargesheet against the accused persons for the offences punishable under Sections 302 and 120B read with Section 4 NC: 2023:KHCK:7527 CRL.P No. 200338 of 2023 34 of IPC and the matter was committed to III Additional District and Sessions Judge, Kalaburagi for trial. 5. The prosecution to prove its case, examined in all 18 witnesses as PWs.1 to 18, marked the documents as per Exs.P1 to P29 and 11 material objects as MOs.1 to 11 before the trial Court and the evidence of prosecution witnesses has been completed on 25.02.2020 and the statement of accused has been recorded under Section 313 of Cr.P.C. by the trial Court and accused also examined on oath as DW.1 on 26.03.2022. Later on, the matter was set down for final argume