Sri Harsha D S/O S Dhananjaya vs Mrs Yashaswini Hassan Sannegowda on 16 August, 2012

Karnataka High Court

Author: V.Jagannathan

THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 16TH DAY OF AUGUST 2012 BEFORE

THE HON'BLE MR.JUSTICE V.JAGANNATHAN CRIMINAL PETITION NO.5566/2011 BETWEEN:

1. Sri.D.Harsha s/o S.Dhananjaya, Aged 33 years,

Residing at c/o Shivanna, Door No.5, Anjaneya Temple road, R.M.V. 2nd stage, New B.E.L.Road, Bangalore.

2. Sri.S.Dhananjaya s/o late Sannegowda, Aged 63 years,

Residing at Kadathanalu, Pandavapura Railway Station Post, Srirangapatna, Mandya district.

3. Smt.P.Padma,

W/o S.Dhananjaya,

Aged 56 years,

Residing at Kadathanalu, Pandavapura Railway Station Post, Srirangapatna, Mandya district.

4. Smt.Savitha D.

D/o S.Dhananjaya,

Aged 36 years,

Residing at Kadathanalu, Pandavapura Railway Station Post, Srirangapatna, Mandya district. ...PETITIONERS

(By Sri. P.P.Hegde, Adv.,) 2

AND:

Mrs.Yashaswini Hassan Sannegowda, D/o Sannegowda,

Aged 27 years,

Residing at Door No.E.W.13-387, Srinivasa Nilaya, 1st cross, Vidyuth Nagara, Hassan-573 201. ...RESPONDENT

(By Sri.Girish B.Baladare, Adv.) This Crl.P. is filed under Section 407 of Cr.P.C. praying to order the transfer of proceedings in Crl.Mis.No.271/11 pending on the file of the II Addl.C.J. and JMFC, Hassan to the Court of JMFC, Mysore.

This Crl.P. coming on for admission this day, the Court made the following:- ORDER

Heard learned counsel for the petitioners and learned counsel for the respondent in respect of the petitioners' prayer seeking transfer of the proceedings in Crl.Misc.No.271/11 from II Addl.JMFC court, Hassan to JMFC court at Mysore.

2. Petitioners' counsel submit that the 1st petitioner is in software company and the respondent- 3

wife is a lecturer at Mysore and therefore, the case referred to above be transferred to Mysore.

3. On the other hand, submission of learned counsel for the respondent is that the respondent is staying with her parents at Hassan and she only goes to Mysore as a guest lecturer once in a week and therefore, the request of the petitioners be rejected.

4. Having thus heard both sides, since the petitioners are willing to go over to Mysore to attend the case, it will make no difference that the petitioners are directed to appear before the court at Hassan where the case is pending.

5. For the above reasons, petition is rejected. Trial court at Hassan shall dispose of the case at the earliest preferably within three months. Sd/-

JUDGE.

Srl.