KOTANAGOUDA @ SHIVANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioners' counsel and also learned HCGP for the respondent-State.

(2.) The petitioners have filed this petition under Section 407 of Cr.P.C. seeking transfer of the case which is pending before the lower Court to any other Court on the ground that the Presiding Officer has openly expressed in the Court that the Court is going to convict the accused persons and hence, the Court below is biased while passing the order in disposing of the application under Section 311(A) of Cr.P.C. The Court made observation that unless and until establishes the fact, any good relationship by way of love will not come to rescue of accused Nos.1 and 2 and the said opinion is expressed with regard to consensual sex he had with her and hence, there is apprehension that these petitioners will not get justice at the hands of the Presiding Officer.

(3.) Per contra, learned HCGP would submit that the Court below has recorded the evidence of the witnesses and while disposing of the application, the observation has been made taking into note of the defence hence, same cannot be a ground to invoke Section 407 of Cr.P.C. to transfer the petition to some other Court, hence, prayed this Court to dismiss the petition.