Karnataka High Court Weekly Roundup: May 12 - May 18, 2025

Citation No: 2025 LiveLaw (Kar) 170 to 2025 LiveLaw (Kar) 179

Nominal Index:

Rishi Kumar AND Union of India & Others. 2025 LiveLaw (Kar) 170

D S Veeraiah AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 171

Ashok AND Fayaz Aahmad. 2025 LiveLaw (Kar) 172

Anil Kumar S B AND Karnataka Power Transmission Corporation Limited & ANR. 2025 LiveLaw (Kar) 173

Arbaz Khan AND State of Karnataka. 2025 LiveLaw (Kar) 174

PhonePe Private Limited AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 175

Sandya Anil Kumar AND State of Karnataka & Others. 2025 LiveLaw (Kar) 176

Rekha Kannan & Others AND State of Karnataka & Others. 2025 LiveLaw (Kar) 177

Keerthi Harmony Apartment Owners Association AND M/S KEERTHI ESTATES PVT. LTD & Others. 2025 LiveLaw (Kar) 178

N. H. Gowda Versus Mr. Rangarama And Ors. 2025 LiveLaw (Kar) 179

Judgments/Orders

'Flawless Communication' Is Key: Karnataka HC Rejects Plea Of Man With Speech Disorder Denied Appointment As Asst Railway Loco Pilot

Case Title: Rishi Kumar AND Union of India & Others

Case No: WRIT PETITION NO.25044 OF 2022

Citation No: 2025 LiveLaw (Kar) 170

The Karnataka High Court has rejected the petition filed by a Railway Job Aspirant who was not appointed to the post of Assistant Loco Pilot (ALP) as he was found to be stuttering speech by the Railway Recruitment Board which termed it as a speech disorder.

A division bench of Justice V Kameshwar Rao and Justice T M Nadaf dismissed the petition filed by one Rishi Kumar against an order passed by the Central Administrative Tribunal (CAT) rejecting his application seeking to quash the order passed by the Railway Recruitment Board (RRB) on the ground that the candidate suffered from speech disorder.

Prior Approval U/S 17A Of PC Act Cannot Be Bypassed By Only Projecting Offence Under IPC While Filing FIR: Karnataka HC

Case Title: D S Veeraiah AND State of Karnataka & ANR

Case No: WRIT PETITION No. 31828 OF 2024

Citation No: 2025 LiveLaw (Kar) 171

The Karnataka High Court has quashed a criminal case registered against former Member of Legislative Council (MLC) D S Veeraiah, who was accused of misappropriation of Rs 47.1 crore from the D Devaraj Urs Truck Terminal Limited (DDUTLL), a state government entity, during his period as its Chairman in 2021.

A single judge, Justice M Nagaprasanna quashed the case registered against him initially under Sections 120B, 409, 420, 465, 468 and 471 of the Indian Penal Code and while filing chargesheet the police had included offences under Section 13(2) of the Prevention of Corruption Act.

The court said “The prosecution has devised a method of projecting only offences under Section 409 and 420 of the IPC which are clearly identical to Section 13 of the PC Act, to get away with the rigour of prior approval under Section 17A of the PC Act.”

Not Required To Hear Accused While Taking Cognisance U/S 223 Of BNSS For Complaints Made Under NI Act: Karnataka HC

Case Title: Ashok AND Fayaz Aahmad

Case No: CRIMINAL PETITION NO.101514 OF 2025

Citation No: 2025 LiveLaw (Kar) 172

The Karnataka HIgh Court has said that the procedure of hearing the accused at the stage of taking cognizance of the complaint as prescribed in the first proviso to Section 223 of BNSS shall not apply to the complaints for offence made under Section 138 of Negotiable Instruments Act.

For context, Section 223 of BNSS makes a departure from the earlier provision contained in Section 200 Cr.P.C. Under the proviso to Sub-Section (1) of 223, the Magistrate cannot take cognizance of an offence, without giving the accused an opportunity of being heard.

A single judge, Justice Shivashankar Amarannavar held thus while dismissing a petition filed by one Ashok who had approached the court questioning the cognizance order taken by the Magistrate court on the complaint filed by one Fayaz Aahmad without issuing him a notice for hearing.

Suitability Of PwD Candidate Must Not Solely Be Assessed Based On Medical Certificate But Also Functional Assessment: Karnataka HC

Case Title: Anil Kumar S B AND Karnataka Power Transmission Corporation Limited & ANR

Case No: WRIT APPEAL No.1673 OF 2024.

Citation No: 2025 LiveLaw (Kar) 173

The Karnataka High Court has said that the assessment of the suitability of a candidate who is suffering from physical disability must not be based solely on the medical certificate, but also on the functional assessment of the candidate.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while allowing an appeal filed by Anil Kumar S B who had challenged a single judge order and held him eligible for the post of Assistant Accounts Officer under the reservation for persons with disabilities in Bangalore Electricity Supply Company Ltd (BESCOM).

The court said, “What requires consideration, in this context, is the functional assessment. In determining the suitability or eligibility of a candidate with a disability, the functional assessment, beyond just the medical evaluation, is crucial. Annexure-A, the Disability Certificate, clearly records that the appellant can perform normal work with both hands, albeit subject to certain restrictions.”

'Wheeling Not An Act Of Bravado': Karnataka High Court Suggests Amending IPC, MV Act To Bring Stringent Provisions Against Bike Stunts

Case Title: Arbaz Khan AND State of Karnataka

Case No: CRIMINAL PETITION NO. 101267 OF 2025

Citation No: 2025 LiveLaw (Kar) 174

The Karnataka High Court recently suggested the State government and its law enforcement agencies to legislate necessary legal provisions and take stringent measures to suppress the perilous activity of "wheeling" by two wheeler riders.

A single judge, Justice V Srishananda said, “Legislature has to take into consideration that existing statutory provisions relating to reckless and negligent driving is hardly sufficient to curb the menace and therefore, to fill up the legislative vacuum, suitable and stringent provisions are to be incorporated by amending the Indian Penal Code and Motor Vehicles Act to complement each other.”

S.91 CrPC | Payment Platforms Must Disclose User Details To Agencies Investigating Criminal Case/ Cyber Crimes: Karnataka High Court

Case Title: PhonePe Private Limited AND State of Karnataka & ANR

Case No: WRIT PETITION No.3757 OF 2023

Citation No: 2025 LiveLaw (Kar) 175

The Karnataka High Court has dismissed a petition filed by digital payment intermediary 'Phonepe', challenging a police notice seeking transaction details/ full account credentials of its registered users and merchants, while investigating a criminal case.

In doing so, Justice M Nagaprasanna said, “The duty to protect data must yield, where public interest and criminal investigation intersect. The protection of consumer privacy cannot eclipse the lawful imperative of investigating officers to secure evidence and take the investigation to its logical conclusion. 'Confidentiality must coexist with accountability'".

The company had challenged a Section 91 CrPC notice, which empowers a Court or an officer in charge of a police station to issue a summons or a written order for the production of any document or other thing.

Karnataka High Court Appoints Wife As Comatose Husband's Guardian, Allows Her To Operate His Bank Accounts

Case Title: Sandya Anil Kumar AND State of Karnataka & Others

Case No: WRIT PETITION NO. 10453 OF 2025

Citation No: 2025 LiveLaw (Kar) 176

The Karnataka High Court has appointed a wife as a guardian to her husband Dr. Anil Kumar H.V, and permitted her to operate Dr Kumar's bank accounts as if he is operating the account, as he is suffering from a neurological disorder and for nine months is in a comatose state.

A single judge, Justice M Nagaprasanna allowed the petition filed by Sandya Anil Kumar and said “In the light of the condition of the husband of the petitioner, I deem it appropriate to permit the petitioner, the wife of Dr. Anil Kumar H.V, to operate the account, as if the husband was operating the account.”

He added “The petitioner is appointed, as a guardian to her husband Dr. Anil Kumar H.V. and a direction issues to respondents No.2 to 4 - Banks to allow the petitioner to draw money for day-to-day treatment of her husband and for the livelihood of the family. Respondents No.2 to 4 (State Bank of India/Indian Overseas Bank) shall not brook any delay and shall permit normal operation of the account at the hands of the petitioner, wife of Dr. Anil Kumar H.V.”

Karnataka High Court Sets Aside Registration Of Residential Complex Under Co-op Societies Act, Directs Registration Under Apartment Ownership Act

Case Title: Rekha Kannan & Others AND State of Karnataka & Others

Case No: WRIT PETITION NO.27821 OF 2024

Citation No: 2025 LiveLaw (Kar) 177

The Karnataka High Court has reiterated that the association of the owners of flats situated in an Apartment, consisting of residential units only, is to be registered under the Karnataka Apartment Ownership Act (KAO) and not under the provisions of the Karnataka Cooperative Societies Act (KCS).

A single judge, Justice K S Hemalekha, observed thus while allowing a petition filed by owners of the apartment units in “Ramky One North” a residential complex situated at Avalahalli Village, Yelahanka Taluk.

The court set aside the order passed by the Deputy Registrar registering the Society under the KCS Act dated 19.10.2023 and directed Respondent No.5-Builder to comply with all the requirements under the law and form an Association of Apartment Owners under the KAO Act and the members of respondent No.4 Society to cooperate in forming an Association for the project known as “Ramky North”.

Land Owners Can't Retain Any Portion Once Sale Deed Is Executed Over Entire Area For Construction Of Apartment Complex: Karnataka High Court

Case Title: Keerthi Harmony Apartment Owners Association AND M/S KEERTHI ESTATES PVT. LTD & Others

Case No: WRIT PETITION NO. 19151 OF 2021

Citation No: 2025 LiveLaw (Kar) 178

The Karnataka High Court recently said that land owners cannot retain any portion of land once the sale deeds were executed in respect of the entire area for the purpose of the construction of an apartment complex.

A Single judge, Justice N S Sanjay Gowda, allowed the petition filed by Keerthi Harmony Apartment Owners Association, and set aside the licence granted by Bruhat Bengaluru Mahanagara Palike (BBMP) to developer Hanumantha Reddy for constructing an apartment complex.

It said “The grant of approval by the BBMP to build a new apartment complex would be wholly illegal and as such, Annexures 'A' and 'B' are accordingly quashed.”

Once Parties Intend To Resolve Their Dispute By Arbitration, It Is Needless For Court To Decide Whether Partnership Was At Will: Karnataka HC

Case Title: N. H. Gowda Versus Mr. Rangarama And Ors.

Case Number: 2025:KHC:15329-DB

Citation No: 2025 LiveLaw (Kar) 179

The Karnataka High Court bench of Chief Justice N. V. Anjaria and Justice K. V. Aravind has held that when both parties have agreed to resolve their disputes regarding the nature of the partnership through arbitration, it is unnecessary for the Court to determine whether the partnership is one "at will." Such issues are more appropriately left for adjudication by the arbitrator.