IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.29290 OF 2025 (GM-RES)

BETWEEN:

1. SRI. PRAJWAL REVANNA S/O H.D. REVANNA AGE ABOUT 33 YEARS, CHENNAMBIKA NILAYA, CHENNAMBIKA CIRCLE, HOLENARASIPURA, HASSAN - 573 211.

…PETITIONER (BY SRI. SIDDARTHA DAVE, SENIOR ADVOCATE ALONG WITH SRI K.N. PHANEENDRA, SENIOR ADVOCATE D igitally signed by ALONG WITH MR. GIRISH KUMAR B.M., ADVOCATE GEETHA P G ALONG WITH MS. TANISHA KAUSHAL, ADVOCATE)

Location:

HIGH COURT OF KARNATAKA AND:

1. STATE OF KARNATAKA BY HOLENARASIPURA POLICE STATION, BENGALURU-560 001 (INVESTIGATED BY SPECIAL INVESTIGATION TEAM CID BENGALURU #1, CARLTON HOUSE, PALACE ROAD, BENGALURU-560 001)

REPRESENTED BY SPECIAL PUBLIC PROSECUTOR OF S.I.T., CID, BANGALORE.

…RESPONDENT (BY SRI. B.N. JAGADEESHA, ADDL. S.P.P.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 407 AND 482 OF THE CODE OF CRIMINAL PROCEDURE AND SECTION 528 OF BNSS., PRAYING TO TRANSFER THE CRIMINAL CASE IN SPL.C.C.NO.1586/2025 (ARISING OUT OF CRIME NO.107/2024) OF THE OFFENCES UNDER SECTIONS 376, 376(2)(K), 354, 354(A), 354(B), 354(C), 506, 509 AND 201 OF I.P.C. AND SECTION 66 E OF INFORMATION TECHNOLOGY ACT, 2000 PENDING ON THE FILE OF THE LXXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-82) (SPECIAL COURT FOR THE TRAIL OF CRIMINAL CASES AGAINST THE PRESENT AND FORMER M.P'S AND M.L.A'S IN THE STATE) AT BANGALORE, AS PER ANNEXURE-A TO ANY OTHER HON'BLE COURT OF SESSIONS, AT BANGALORE, ETC.

THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

1. The petitioner was a Member of Lok Sabha from the Parliamentary Constituency of Hassan and is an accused in Spl.C.C.No.1586/2025, pending on the file of LXXXI Additional City Civil and Sessions Judge, Bengaluru. On the ground that the Presiding Officer of the said Court is biased, the petitioner made an application under Section 408 of Cr.P.C. in Crl.Misc.No.7829/2025 before the Principal City Civil and Sessions Judge, Bengaluru with a prayer to transfer the pending Spl.C.C.No.1586/2025 to another Sessions Judge. The same came to be rejected by an order dated 20.09.2025 on the ground that LXXXI Additional City Civil and Sessions Judge, Bengaluru, is constituted specially to try offences alleged to have been committed by Members of Parliament and the Members of State Legislative Assembly in the State of Karnataka and therefore, the case cannot be transferred to any other Sessions Court. Aggrieved by the same, the present petition is filed under Articles 226 and 227 of the Constitution of India read with Sections 482, 407 of Cr.P.C. and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. The case of the petitioner is that the Principal City Civil and Sessions Judge, Bengaluru committed an error in dismissing Crl.Misc.No.7829/2025 on the technical ground that LXXXI Additional City Civil and Sessions Judge, Bengaluru has been constituted by virtue of the special notification and that it cannot be transferred to any other Sessions Court. It is submitted that the Principal City Civil and Sessions Judge, Bengaluru, ought to have examined whether LXXXI Additional City Civil and Sessions Judge, Bengaluru was biased or not, and whether the request of the petitioner had to be considered on merits. For that reason, it is prayed that the order passed in Crl.Misc.No.7829/2025 be set aside and the matter be remanded back to the Principal City Civil and Sessions Judge, Bengaluru.

3. Even otherwise, it is submitted that the facts pleaded is supported by the documents produced and they show that LXXXI Additional City Civil and Sessions Judge, Bengaluru is biased against the petitioner or atleast a necessary reasonable apprehension in the mind of the accused / petitioner herein has arisen that he will not get fair trial