SRI H.B. HALAPPA v. STATE BY KARNATAKA LOKAYUKTHA, KALABURAGI

SRI H.B. HALAPPA S/O BASAPPA, AGED ABOUT 64 YEARS, RESIDING AT GADLABASAVESHWAR NILAYA, HOLEBELAGALU, B. BIRANAHALLI SHIVAMOGGA - 577 227 SENIOR CITIZENSHIP NOT CLAIMED. (BY SRI. SHANTHARAJU, ADVOCATE) AND: STATE BY KARNATAKA LOKAYUKTHA, KALABURAGI, REP BY SPL. P.P AMBEDKAR VEEDHI, M.S. BUILDING, BENGALURU - 01 …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S. 407 (FILED U/S.447 BNSS) CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ORDER TRANSFER OF SPL.C.NO.71/2025 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT KALABURAGI TO ANY SESSIONS COURT AT SHIVAMOGGA. HC-KAR - 2 - NC: 2026:KHC:45543 CRL.P No. 6731 of 2026 CNR: KAHC010313862026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl. Case No.71/2025 pending before the Court of Principal District and Sessions Judge, Kalaburagi, arising out of Crime No.10/2017 registered by Lokayuktha Police, Kalaburagi, for offences punishable under Section 13(1)(e) read with 13(2) of Prevention of Corruption Act, 1988, is before this Court in this petition filed under Section 447 of BNSS, 2023 r/w Section 407 of Cr.P.C., 1973 with a prayer to transfer the aforesaid case from Kalaburagi to any other jurisdictional Sessions Court at Shivamogga.

#2. Learned counsel for the petitioner having reiterated the grounds urged in this petition submits that the petitioner is a senior citizen, facing certain health problems and he is also a kidney and heart patient. HC-KAR - 3 - NC: 2026:KHC:45543 CRL.P No. 6731 of 2026 CNR: KAHC010313862026 Therefore, he finding it difficult to travel Shivamogga to Kalaburagi on every date of hearing of the case. He has referred to certain medical documents of the petitioner and has prayed to allow this petition.

#3. Perusal of the material on record would go to show that after the charge sheet is filed in the present case, the trial Court has already taken cognizance of the charge sheet offences and charges have been framed against the petitioner on 17.09.2025 itself. Trial in the case has already commenced and PW.2 was examined completely on 12.02.2026 itself. Learned counsel for the petitioner has produced the order sheet of the trial Court up to 28.03.2026. Subsequent order sheets are not produced. The medical documents of petitioner relates to the year 2023 and 2025 and the same does not suggest of any present medical condition of the petitioner to the effect that he is not in a position to travel from Shivamogga to Kalaburagi. However, if the petitioner for HC-KAR - 4 - NC: 2026:KHC:45543 CRL.P No. 6731 of 2026 CNR: KAHC010313862026 any reason is not in a position to attend the Court, he can always file necessary application seeking exemption of his appearance, which is required to be considered by the Trial Court.

#4. Considering the age of the petitioner and also his health conditions, the Trial Court shall sympathetically consider the applications filed by the petitioner seeking exemption of his appearance, unless his presence is absolutely required before the Trial Court. Since the Trial in the case has been already commenced, I am of the opinion that at this stage, it may not be appropriate to transfer the said case from Kalaburagi to Shivamogga and in such an event, the prosecution witnesses may be put to hardship and inconvenience. Therefore, I am not inclined to entertain the petition. Accordingly, this petition is dismissed with a request to the Trial Court to dispose of Spl. Case No.71/2025 as expeditiously as possible. HC-KAR - 5 - NC: 2026:KHC:45543 CRL.P No. 6731 of 2026 CNR: KAHC010313862026 I.A.No.2/2026 will not survive for consideration in view of the aforesaid order. Sd/- (S VISHWAJITH SHETTY) JUDGE PSJ List No.: 1 Sl No.: 46