Karnataka High Court Declines Prajwal Revanna's Plea Seeking Transfer Of Cases From MP/MLA Court Over Allegations Of Bias

The Karnataka High Court on Wednesday (September 24) has refused to transfer the cases filed against former Hasan MP Prajwal Revanna for offences including sexual harassment, rape, etc, to another court after allegations of bias were raised by him against the presiding officer. Revanna had earlier been convicted for the offence of rape and sentenced to life imprisonment by the MP/MLA court.

Justice MI Arun held: "It is seen that the trial court intended to take the trial on a day-to-day basis. In the process any adjournments sought by the petitioner was frowned upon. The observations in the judgement may sound a bit harsh, but the same cannot be construed as bias on part of the presiding officer. Admittedly, the petitioner has tried to drag the case and resort to delay tactics, which has been frowned upon by the trial court."

"If that can be a ground for transfer, there would be such petitions in almost all criminal cases. This practise cannot be permitted. On erroneous appreciation of evidence, the petitioner can always challenge the trial court judgement. That also cannot be a ground for seeking a transfer."

Counsel for Revanna stated that his client had not attempted to delay the trial before the special MP/MLA court in any instance, but that the presiding officer of the court was biased against him. Thus, Revanna applied u/s 408 CrPC seeking the transfer of trial to another court.

It was stated that the Trial court at Bengaluru had rejected his plea seeking transfer on the ground that the special MP/MLA court was specially designated to try offences against elected representatives.

It was submitted that the principal city civil & sessions judge had not applied his mind on the merits of the matter in the transfer petition, and rejected it on grounds of maintainability. 

The court observed that earlier, the High Court had come down heavily on the conduct of the counsel for delaying the trial. 

However, Revanna's counsel submitted that when he had raised an objection stating that the trial had not been fair, the same had not been noted in the order.

"I am not going behind the back of the judge. In such circumstances, I am seeking transfer," it was submitted.

Justice Arun noted that the MP/MLA court is a designated court for which a specific provision was made. It was stated that while the principal judge was correct in rejecting the transfer plea on that ground itself, the High Court could interfere if a case could be made out under Section 407 CrPC. 

Counsel argued that while the notification designating the special MP/MLA court stated that the trial could not be transferred to any other court, in cases where the presiding officer and the accused were related, the same would have to be done.

"This is a person specific jurisdiction, not a subject specific one," it was submitted.

Counsel further argued that the courts must consider the "reasonable apprehension" of bias by an accused seeking transfer of his case, and that the principal judge had not applied his mind to the matter.

It was stated that the trial court had also castigated the counsel on record, appearing for the petitioner and that the evidence had not been appreciated in the proper light, and the trial court has relied upon evidence deposed in other cases.

State submitted that the documents did not reveal any bias by the presiding officer against the petitioner, and that he was unnecesarrily 'unnerved' after being convicted in one of the cases.

Background

Revanna has moved two petitions seeking that the trials being conducted against him by the Special MP/MLA court be transferred to another court, on the ground of bias by the presiding officer.

WP 29258/2025 seeks transfer of criminal case SPL.C.C.NO.5/2025 (Arising out of Crime No. 20/2024) for offences registered under Sections 376(2)(n)(repeated rape), 354(A)(sexual harassment), 354(B)(assault or use of force with intent to disrobe), 354(C) (voyeurism), 506 (criminal intimidation), and 201 (causing disappearance of evidence )IPC and Section 66E of IT Act pending on the file of Additional City and Sessions Judge, Bengaluru (Special Court for Trial of Criminal Cases against present and former MPs and MLAs) to any other court of sessions by invoking Section 408 CrPC. 

WP 29290/2025 seeks transfer of a second criminal case SPL.C.C.NO.1586/2025 (Arising out of Crime No. 107/2024) for offences registered under Sections 376(rape),376(2), 354(A), 354(B), 354(C), 506,509 and 201 IPC and Section 66E of IT Act  pending on the file of Additional City and Sessions Judge, Bengaluru (Special Court for Trial of Criminal Cases against present and former MPs and MLAs) to any other court of sessions.

In the interim, the pleas seek a stay of all further proceedings in both cases pending before the MP/MLA Court (sessions court) pending disposal of the writ petition.

Case title: PRAJWAL REVANNA AND STATE OF KARNATAKA

Citation No: 2025 LiveLaw (Kar) 317

Case No: WP 29258/2025 and WP 29290/2025