Karnataka High Court Weekly Round-Up: August 18 – August 24, 2025

Citation No: 2025 LiveLaw (Kar) 276 to 2025 LiveLaw (Kar) 285

Nominal Index:

Archana Patil AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 276

Karnataka State Pollution Control Board AND State of Karnataka & Others. 2025 LiveLaw (Kar) 277

Munisanjeevamma & Others AND State of Karnataka & Others 2025 LiveLaw (Kar) 278

Mohammed Shoiab AND State of Karnataka & Others. 2025 LiveLaw (Kar) 279

Eshwaramma AND State of Karnataka & Others. 2025 LiveLaw (Kar) 280

Mohammed Shoiab AND State of Karnataka & Others 2025 LiveLaw (Kar) 281

Lakshmavva Goshellanavar AND State of Karnataka & Others 2025 LiveLaw (Kar) 282

K M Gangadhar AND State Of Karnataka & ANR 2025 LiveLaw (Kar) 283

Chooti Bee AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 284

Shankar AND Secretary & Others. 2025 LiveLaw (Kar) 285

Judgments/Orders

'POCSO Act Is Gender Neutral': Karnataka High Court Refuses To Quash FIR Against Woman Booked For Sexually Assaulting Minor Boy

Case Title: Archana Patil AND State of Karnataka & ANR

Case No: CRL.P 12777/2024

Citation No: 2025 LiveLaw (Kar) 276

The Karnataka High Court on Monday (August 18) dismissed a 52-year-old woman's plea for quashing a sexual assault complaint registered by the parents of a minor boy against her under the POCSO Act, observing that the provisions of the Act apply to both men and women and thus the act is "gender neutral".

Justice M Nagaprasanna while pronouncing the order said “POSCO Act being a progressive enactment is intended to safe guard sanctity of childhood it is rooted in gender neutrality with its beneficient object being protection of children, irrespective of sex. The act is thus gender neutral.”

It added, “Section 3 and 5 (POCSO Act), which form the foundation of offences under sections 4 and 6 of the Act delineate various forms of assault, although certain provisions may employ gendered pronouns the preamble and the purpose of the act render such usage inclusive, therefore it is inclusive of both male and female...The ingredients of Section 4 of the Act dealing with penetrative sexual assault are equally applicable to both men and women. The language of provision clearly indicates inclusivity, the ingredients of offences the once punishable under section 4 and 6 are clearly met in the case at hand, albeit prima facie.”

Karnataka High Court Directs Strict Implementation Of Govt Order Prohibiting Manufacture, Sale & Immersion Of PoP Idols

Case Title: Karnataka State Pollution Control Board AND State of Karnataka & Others

Case No: WRIT PETITION NO. 24118 OF 2025

Citation No: 2025 LiveLaw (Kar) 277

The Karnataka High Court has directed implementation of the Government order prohibiting the manufacture, sale and immersion of plaster of paris (POP) structures and also directed the district administration, local bodies and police department to cooperate for the enforcement of the said order.

A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi said “The issue raised is a serious one and we expect that the State Authority shall implement the notification with all seriousness and to its full extent.”

Stamp Duty To Be Paid On Value Of Sale Deed If Executed In Furtherance Of Decree Under Specific Relief Act: Karnataka High Court

Case Title: Munisanjeevamma & Others AND State of Karnataka & Others

Case No: WRIT PETITION NO. 49527 OF 2016

Citation No: 2025 LiveLaw (Kar) 278

The Karnataka High Court has held that the sale deed executed in furtherance of a decree for Specific Performance, after contesting, the stamp duty liable to be paid would not be as per the valuation of the property on the date on which the document was presented for registration and but would be on the agreement value.

Justice Suraj Govindaraj said “ I am of the considered opinion that merely because Sri.Khader Mohiddin came forward to execute a sale date in favour of the petitioners would not require the petitioner to make payment of the stamp duty and registration fee as per the market value on the date of presentation of the said sale date. The benefit which would be available as regards sale deed executed and registered in the course of Execution Proceedings would equally apply to a sale date voluntarily executed by judgment debtor in favour of the decree holder.”

Karnataka High Court Issues Directions On Using Technology To Resolve Title Disputes, Protect Forests; Forms Panel To Oversee Implementation

Case title: Mohammed Shoiab AND State of Karnataka & Others

Case No: WP 19674 OF 2024 (GM-FOR) C/W WRIT PETITION NO.392 OF 2021

Citation No: 2025 LiveLaw (Kar) 279

The Karnataka High Court passed a slew of directions to incorporate use of modern technology to resolve complex title disputes and protect forest areas from illegal conversion, including formation of a high level committee of various State departments' officials to oversee the implementation of its directions.

Justice Suraj Govindaraj passed the order while considering a land dispute case and noticed:

"traditional, paper-based, and siloed administrative systems are inadequate to resolve complex land title conflicts. While Karnataka has made significant strides in land records modernisation, the current situation proves that digitisation alone is insufficient. The critical failure is the lack of a single, unified source of truth".

Noting the limitations of the Digital India Land Records Modernisation Programme as presented by the matter before it, the court noted that while records are digitised, they are not necessarily integrated.

Prison Authority Can't Refuse To Consider Convict's Parole Merely Because He Didn't Seek Bail Or Suspension Of Sentence: Karnataka High Court

Case Title: Eshwaramma AND State of Karnataka & Others

Case No: WRIT PETITION NO.101311 OF 2025

Citation No: 2025 LiveLaw (Kar) 280

The Karnataka High Court has said that a convict who files a parole plea, cannot be deprived of consideration for parole merely because he did not move an application for suspension of sentence or bail.

Justice Suraj Govindaraj said thus while partly allowing a petition filed by Eshwaramma seeking release of her son on general parole for 90 days, sought on account of her illness.

“...it would not be required for a convict to file an application for suspension of sentence and/or bail instead of filing an application for parole.The non-filing of such an application for suspension of sentence and/or bail would not deprive the convict of consideration for parole, if such application is submitted”.

'Create An Integrated Geospatial Platform With Digital Maps Of All Land In Karnataka Using Satellite Imagery': High Court Tells State Govt

Case Title: Mohammed Shoiab AND State of Karnataka & Others

Case No: WRIT PETITION NO.19674 OF 2024 (GM-FOR) C/W WRIT PETITION NO.392 OF 2021.

Citation No: 2025 LiveLaw (Kar) 281

The Karnataka High Court has directed the state government to create a unified geospatial platform which would include digital/unified, and immutable (unchangeable) maps of all land parcels in the State by leveraging high-resolution satellite imagery from agencies like Forest Survey of India (FSI) and the Indian Space Research Organisation (ISRO).

Justice Suraj Govindaraj said: "The foundational component must be a Geographic Information System (GIS)-based platform. This system would function as a digital, unified, and immutable map of all land parcels in the state. Leveraging high-resolution satellite imagery from agencies like the Forest Survey of India (FSI) and the Indian Space Research Organisation (ISRO), this platform is digitally demarcating and geotagging all notified forest boundaries as per historical gazette notifications, as also conducting forest cover mapping using remote sensing data to monitor the status of forests at the state level. This unified map would then have to be integrated with all other land-related data, including the Revenue Department's cadastral maps, the Urban Planning Authority's master plans, and all other public and private land records".

Karnataka High Court Orders Compassionate Appointment Of Widow Despite Crossing Upper Age Limit, Calls For 'Humane' Policy

Case Title: Lakshmavva Goshellanavar AND State of Karnataka & Others

Case No: WRIT PETITION NO.102208 OF 2025

Citation No: 2025 LiveLaw (Kar) 282

The Karnataka High Court has asked the Managing Director of North West Karnataka State Road Transport Corporation (NWKRTC) to formulate a humane policy for compassionate appointment of kin of deceased employees who expire during course of employment.

The court also directed the Divisional Controller KSRTC, Gadag Division (respondent no. 4) to appoint a woman, widow of deceased employee of NWKRTC, as a group D employee of the corporation, without reference to the upper age limit as per the usual terms of service conditions applicable to a class-D employee of the corporation.

The woman, sole survivor who did not have any children, had moved the high court claiming that because she had crossed the upper age limit of 45 years, her plea for appointment had been rejected by the corporation.

Karnataka High Court Upholds Penalty Of Compulsory Retirement Imposed On Civil Judge Accused Of Threatening Police

Case Title: K M Gangadhar AND State Of Karnataka & ANR

Case No: WRIT APPEAL NO. 600 OF 2025

Citation No: 2025 LiveLaw (Kar) 283

The Karnataka High Court upheld an order which refused to interfere with the penalty of compulsory retirement imposed on a Civil Judge (Sr.Dvn), accused of threatening the police and interfering in police investigations, observing that there was no infirmity in procedure.

The decision came in an appeal filed by a civil judge against an order passed by high court's single judge bench. The appellant had earlier filed the writ petition before the single judge challenging an October 1, 2012 decision imposing penalty of compulsory retirement, after the enquiry officer found that the appellant had threatened a Police Inspector.

Parole Leave Is A 'Valuable Right' Of A Convict, Police Must Pass Reasoned Order After Applying Mind: Karnataka High Court

Case Title: Chooti Bee AND State of Karnataka & ANR

Case No: WRIT PETITION NO.101912 OF 2025

Citation No: 2025 LiveLaw (Kar) 284

The Karnataka High Court has said that the grant of parole is a valuable right of a convict, which would also be a right under Article 21 of the Constitution of India.

It said that the concerned authorities must apply their mind in a proper manner and pass a reasoned order on case to case basis, rather than reproducing the same grounds in all the reports which are submitted.

The court passed the order in a case where although the prison authorities had recommended parole for a convict, however the recommendation was not acted upon on account of the police report

Karnataka High Court Upholds Police Circular Barring DJ, Sound Systems In Processions And Public Pandals During Gauri Ganesh & Eid-Milad

Case Title: Shankar AND Secretary & Others

Case No: WP 23349/2025

Citation No: 2025 LiveLaw (Kar) 285

The Karnataka High Court on Saturday dismissed the petition filed by an officer bearer of Karnataka Light Music and Cultural Artists Association, challenging the decision of Police to prohibit DJ's and use of sound systems, in processions and public pandals, during Gauri Ganesh and Eid-Milad festivals.

A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi dismissed the petition filed by the petitioner Shankar.

It said “The decibel levels in residential areas in daytime are required to be restricted to 55 decibel and 45 decibel at night time. It is difficult for this court to accept that use of sound systems and DJ in public places would be in compliance with the said decibel levels. We find no infirmity in issuance of circular restraining the use of sound system and DJ in public gatherings.”