New Sop Karnataka High Court

HIGH COURT OF KARNATAKA
BENGALURU
Dated: July 24, 2020
NEW STANDARD OPERATING PROCEDURE (SOP) –

FOR DISTRICT JUDICIARY FROM 27th JULY 2020 TILL
FURTHER ORDERS
(IN SUPERSESSION OF EARLIER SOP, ADDENDUM,
CIRCULAR AND NOTICES)
1. From 27th July 2020 till further orders, matters, main or I.A's, fixed for
oral arguments and few matters for recording of evidence through
video conferencing, preferably the matters where evidence has been
partly recorded, shall be listed, i.e.,
a) Ten cases in the Morning session;
b) Ten cases in the Afternoon session.
As far as possible, no case shall be heard in absence of
Advocates.
2. Only hearing of oral arguments is permitted in physical presence of

Advocates. Endeavour shall be made to hear oral arguments by video
conferencing whenever it is possible. Only the Advocates
representing the parties shall be allowed inside the Court hall during
the hearing. No party-in-person shall be permitted to conduct the case
by appearing in the Court hall and his/her appearance will only be via
video conferencing. If any Advocate who has completed 65 years of
age wants to make submissions, video conferencing facility shall be
extended to him.
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3. Any Advocate is at liberty to seek permission for video conferencing
which shall be extended and arrangements shall be made.
4. Advocates’ clerks and litigants shall not be permitted entry into the
court-hall.
5. Subject to further orders of the High Court, in addition to the hearing

matters, cases may be listed for recording evidence preferably in
consultation with concerned advocates.
6. Evidence shall be recorded only by video conferencing, except for

official witnesses. However, the Advocates on both sides can remain
present in the court to conduct examination-in-chief and cross-
examination through video conferencing. The recording shall be as
per the Rules framed by the High Court.
6.A Wherever the rules and the statutes permit, affidavit in lieu of oral
evidence of the parties shall be accepted either through their counsel
or by physical filing and for the said purpose, presence of the parties
shall not be insisted. The recording of evidence however shall be
strictly through video conferencing.
7. It shall be ensured that at no point of time, the persons present in the

Court Hall including Advocates and the Court staff shall exceed
twenty (20) in number. If at any time more than 20 persons are
present in any Court, the functioning of the Court will be stopped by
the Judicial Officer.
8. Where Court Rooms are small and cannot accommodate twenty (20)
Advocates and Court Staff, the Principal District Judge is empowered
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to fix total number of Advocates in the Court Room as per local
requirements. The Principal District Judges/Principal Judges will
notify the Court Rooms in which less than twenty (20) persons can be
accommodated. Few Vacant Court Rooms shall be kept open for
accommodating only those Advocates who are waiting for hearing of
cases which are listed on the cause list on a particular day.
9. In cases where dates have been assigned by using the option of ‘bulk
proceedings’ in CIS, and assign future date as found convenient,
retaining only 20 cases for hearing/recording evidence per day and
the same shall be notified to the concerned through SMS. In case of
using the option of ‘bulk proceedings’ in CIS, the order sheets show
the Advocates as ‘absent’. Such adjournment shall be treated as
given by the court suo motu. It is clarified that wherever such
absence is recorded, it is for technical reasons and not due to
absence of Advocates. It shall be ensured that SMS is sent to the
Advocates whose cases will not be taken up. The SMS shall be sent
on registered cell phone number of the Advocate concerned at least
in the morning on the date on which the case is fixed.
10. The cause list restricting 20 cases per day shall be prepared on the
previous day and it shall be uploaded in CIS as well as put in the
District Court web portal. Further, on daily basis the cause list shall
be notified on the Notice Board of the concerned Court with manual
entry of the cancelled cases list with future adjourned dates. It shall
also be notified in the District Court web portal in addition to sending
SMS to Advocates.
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11. The Presiding Officer is at liberty to organize the Court Work in his/her
court in any other manner found expedient ensuring that the Court is
engaged whole day and under no circumstance, total number of
persons attending the proceedings shall exceed 20 or less than 20 as
provided in clause 8 above, as the case may be, at any given point of
time.
12. In all District or Taluka places having cluster of ten and more Courts,
50% of the Courts shall function on every working day. All the judicial
officers shall be present in the Court and those officers having no
judicial work, shall attend non-judicial work and administrative work.
In other District or Taluka places, where there are less than 10
Courts, but more than one Court, the Principal District and Sessions
Judge, after considering the pendency and other exigencies, shall
decide the days on which all the Judicial Officers or some of them
shall function. Even if a Judicial Officer is not assigned any work on a
particular working day, he/she shall remain present in the Court and
do administrative work. In Taluka places, where there is only one
court, depending upon the pendency in the Court and average filing,
the Principal District and Sessions Judge may direct such Judicial
Officer to work either for full day or for half a day. The Principal
District and Sessions Judge may, in such cases, direct the said
Judicial Officer to sit for full day on some of the week days and sit half
a day on the other days.
13. Weekly schedule of sittings of Judges shall be prepared in advance

on the last working day of earlier week and notified at the earliest and
copies thereof shall be supplied to the Bar Associations at the District
and the Taluka places.
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14. The Advocates, staff and the litigants shall scrupulously maintain the
norms of social distancing by always maintaining a minimum distance
of six feet and shall scrupulously follow the directions and guidelines
issued by the High Court from time to time as well as the
advisories/SOP issued by the Principal Health Secretary, Government
of Karnataka and guidelines issued by the Government of India from
time to time.
15. As far as possible, only 50% of Group-C employees shall be put on

duty during the working hours on rotation basis. The Principal District
and Sessions Judges, in case of exigencies, shall have discretion to
call additional staff members in Group-C. All the staff members
belonging to Groups-B and D shall be on duty.
16. The Courts falling within the area declared as containment areas or
zone by the State Government shall conduct the Court proceedings
only through video conferencing adhering to the rules and the
guidelines prescribed by the High Court and the Hon’ble Supreme
Court.
17. In case of recording of compromise of the matter between the parties,

the Courts will follow the guidelines laid down by order dated 10th
July 2020 in W.P.No.7338/2020 (Please refer clause 38). When the
Court requires the presence of the parties to ascertain the
genuineness of the settlement submitted before the Court, the Court
concerned may issue directions to such party/parties to be physically
present before the Court to endorse/approve the contents of the
compromise petition submitted before the Court. In such cases, the
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Principal District and Sessions Judge or the Principal Judge
concerned shall issue necessary passes to the party/parties
concerned by allowing them to enter the Court precincts in connection
with reporting the settlement. When a case is required to be advanced
for the purpose of reporting settlement, in that event, an application is
required to be moved for taking up the matter in the same manner as
that of urgent hearing and the Court will again recourse to follow the
same procedure as referred to in this SOP as well as in the above
paragraph.
18. As regards, Industrial Tribunals and Labour Courts, the authorized

person/ Union leaders shall be permitted to represent the parties
before the Industrial Tribunals and Labour Courts with proper ID and
prior appointments as noted in the SOP.
19. Re: Filing:- Concerned Principal District and Sessions Judge shall
take steps to streamline the filings. All physical filing shall be
permitted only with the prior appointment. Physical filing will include
main matters, interlocutory applications, vakalaths, written statement,
statement of objections, caveats, other miscellaneous filing as well as
application for certified copy. Even for payment of process fee and
Court fee, appointment will have to be taken. Adequate number of
counters shall be set up, preferably, outside the main Court building.
The object is to ensure that the Advocates/Advocates’ Clerks do not
enter the offices for filing and allied work. The Principal District and
Sessions Judges may set up filing counters in the stilt or in witness
lounge or other areas away from the main Court building. In case of
stilt area is not available, filing counters can be provided in other
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buildings away from main Court buildings. The location of the filing
counters shall be such that Advocates/Advocates’ Clerks shall wait in
the queue in the open space. Circles or squares be drawn at a
distance of six feet to enable the Advocates/Advocates’ Clerks waiting
in the queue to maintain social distancing. The open space may be
covered by water-proof pandal. Appointment shall be fixed in such a
way that ten minutes slot is provided to one person at one counter.
Depending upon the existing pattern of filing, adequate number of
counters shall be provided in all Courts and the counters shall be
assigned numbers, which shall be clearly visible even from a long
distance. The process of filing shall be personally supervised by the
Principal District and Sessions Judge in District Court and in other
Courts by the senior-most Judge available, to ensure that social
distancing and other norms are strictly followed. Separate filing
counters shall be provided for Criminal and Civil matters, payment of
Court fees and for making applications for issue of certified copies
and for supplying of certified copies. Filing shall not be accepted from
a person who is not wearing a proper mask and who has not followed
norms of social distancing. Further, physical filing is only permitted if
there is an appointment. Filing will be accepted only if the Advocate or
his clerk shows either printed or soft copy of the appointment. The
Advocates coming for hearing of the listed matters are not entitled to
use the benefit of physical filing without getting a regular appointment
through email.
The following action plan for physical filing shall be followed
with necessary adaptation to local conditions, namely:
a. The Email ID which has already created to enable the
advocate/parties in person/advocate’s clerks to file new
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cases physically shall be continued to use in district
headquarters. They will be given an appointment by
communicating the date, time and counter number by
sending a reply to file new cases physically on the same
Email ID from which requests are received. In case such
Email ID is already created for the said purpose, the same
shall be used.
b. Advocates/Parties-in-person/Advocates’ Clerks shall not be

permitted to enter the Court complex for the purpose of filing
and shall not be allowed to do filing unless he/she shows
hard or soft copy of the appointment, both at the entrance
point and at the filing counter. Filing will not be accepted at
the counters if such copy is not shown. The
advocates/parties in person/advocates’ clerks entering the
court precincts will have to undergo medical screening and
only those who are asymptomatic will be allowed entry.
Required number of medical staff will be deputed near the
entry gates for the screening with the thermal gun.
c. Para-legal volunteers will be deputed near the filing counters

to monitor social distancing.
d. The officials deputed to work in filing counters will be

provided with required number of masks, gloves and
sanitizers before commencing the work.
e. The officials in the filing counter will insist the

advocates/parties-in-person/advocates’ clerks to mention
their mobile number, Email ID in the vakalathnama /
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presentation form for further correspondence only with regard
to status of the case.
f. Only the new cases wherein application / memo has been

moved to consider them as urgent matters will be put in a
separate box and they will be carried to the scrutiny branch
for further action.
g. After scrutiny, intimation shall be sent to the concerned,

either for rectification of the objections or for hearing to their
registered mobile number / Email ID.
20. In all Talukas, the physical filing will include main matters,
interlocutory applications, vakalaths, written statement, statement of
objections, caveats, other miscellaneous filing as well as application
for certified copy. Even for payment of process fee and Court fee,
appointment will have to be taken, as notified earlier with a
modification that on an experimental basis, Advocates will be allowed
physically to file cases by obtaining prior appointment from
Administrative Sheristedar by SMS or WhatsApp. The Advocates
having such appointments will be permitted to enter the Court
precincts for physical filing, only on showing the appointment on their
Cell phones. They will have to show the appointments at the filing
counters. The mobile number of the Administrative Shirestedar shall
be webhosted on the website of the District Court concerned.
21. For the time being, the present facility of e-filing of only fresh cases
and interlocutory applications in pending cases, as notified by the
Notification dated May 16, 2020, shall continue in addition to physical
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filing, including caveat and other filings such as vakalaths shall be
accepted by way of physical filing only.
22. Applications/copying applications along with necessary payment/

vakalathnamas/objections etc., shall be filed only at designated
counters.
23. The entry of litigants and visitors to the Court precincts is completely
prohibited. Entry shall be given only to witnesses on showing a copy
of the witness summons at the entry point. In case of accused on
bail, whose presence is mandatory before the Court, he/she shall be
allowed entry only after verification of cause list and identifying
documents of the accused. In the event, Court passes an order of
personal appearance of any party, on production of a copy of the
order, entry shall be given to a party, provided, the party is
asymptomatic and is wearing mask.
24. The Principal District and Sessions Judges shall ensure that minimum
number of entry points to the Court precincts are kept open. At all the
entry points, which are kept open, health workers of the Government
and the police personnel shall remain present, who will regulate the
entry in terms of these guidelines. Every person accessing the entry
point, including the Judicial Officers, Advocates/Advocates’
Clerks/Court Staff etc., shall be checked by the health workers by
using thermo sensor gun. In case of staff members, entry shall be
allowed only on showing the identify cards. Entry of the members of
the Bar and the Advocates’ clerks shall be after verifying the identity
cards. The person desirous of seeking entry in the Court premises
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shall stand in queue by maintaining social distancing and wearing
masks.
25. No one with symptoms of cough, fever, running nose etc., should be
allowed entry in the court complex. Only those who are asymptomatic
will be allowed entry. Persons with such symptoms shall be
immediately informed to visit the nearest government dispensary or
hospital.
26. Any person who has provided swab samples for covid-19 testing
should not be allowed entry in the court complex, till a negative report
is received or till his/her mandatory quarantine period is over,
whichever is later. This will apply to all the Judicial Officers, Public
Prosecutors, Advocates, Staff Members, Police Officials, Litigant
Public and all the visitors who want entry to the court complex.
27. Specified time shall be allocated for acceptance of sureties, execution

of bonds and for execution of Indemnity Bonds of claimants. Judicial
Officers shall endeavour to follow the guidelines laid down by the
High Court of Karnataka in the order dated May 15, 2020, made on
the Memo in Criminal Petition No. 2039 of 2020 and order dated July
10, 2020 in W.P.No.7338/2020, copies of which have already been
circulated, in which it is observed that the personal presence of the
sureties is not required.
28. The Unit Head shall take steps to sanitize the Court premises once in
a week regularly.
29. Applications seeking exemption from personal appearance of the

complainants and accused shall be liberally dealt with.
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30. The recording of the statement under Section 164 Cr.P.C shall be
strictly done through video conferencing as per the guidelines issued
by the Karnataka High Court and Supreme Court of India. The
production of first remand shall be as far as possible by physically
producing the accused. However, by recording reasons, the
Magistrate concerned can permit production of accused for the first
remand by way of video conferencing. The Courts shall follow the
guidelines laid down by the Apex Court and the Video Conferencing
Rules framed by this Court, which is published in the e-gazette dated
June 25, 2020.
30.A Requisition for recording statement under section 164 Cr.P.C. shall be
sent only through email-ID of the concerned Court and any order
passed thereon shall be communicated to the concerned through
SMS/email.
31. Bar Associations and canteens/any other outlets located within the
court precincts, shall be kept closed until further orders.
32. All Bar Associations shall ensure that before the members of the Bar
enter the Court precincts, as a onetime measure, a written declaration
be obtained from all the members of the Bar/Advocates’ Clerks,
indicating that in the recent past, they have not travelled to any other
State or any other country or to any other District in the State of
Karnataka which is notified as red zone. The declaration shall also
state that the Advocate has not visited any of the containment areas
in the recent past. The Karnataka State Bar Council shall provide the
format of such declaration to all the Bar Associations in the State. The
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Bar Associations shall to make efforts ensure that no member of the
Bar enters the precincts of Courts unless his case is listed or he
wants to file a case. It is the duty of the Advocates to ensure that
there is minimum footfall in Court precincts.
33. Any Advocate intending to avail the services of his clerk, may apply to
the concerned Principal District Judge for issuance of temporary ID
Card / Pass for the purpose of filing the papers, applying for certified
copy, receiving of certified copy, etc. Persons claiming to be
Advocates’ clerks shall be allowed to enter the precincts of the Courts
only on production of such identity cards or pass.
34. The concerned Principal District Judge shall constitute a Committee of

Member Secretary, DLSA, Court Manager and Software Technician to
educate advocates regarding E-filing and Video Conferencing with the
assistance of the concerned District Training Centre established by
the State Government.
35. For the time being, no vehicle shall be allowed inside the Court
complex/precincts. This restriction will not apply to the vehicles of the
Judicial Officers.
36. The Principal District and Sessions Judge shall take steps for setting
up additional counters for filing of interlocutory applications and for
payment of process fee, Court fee and for submitting challans. The
counters shall be set up preferably near the filing counters, but away
from the main Court building. Exclusive counter shall be set up for
Government Departments for filing of the pleadings, interlocutory
applications etc.
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37. In respect of payments/disbursements of Court Deposits, the
procedure laid down by the Division Bench of Hon'ble of High Court of
Karnataka in W.P. No. 7338/2020 vide order dated June 24, 2020
shall be followed by all the Courts.
(https://karnatakajudiciary.kar.nic.in/noticeBoard/wp-7338-2020-
24062020.pdf)
38. In respect of physical presence of the parties to record compromise in

the civil cases, physical presence of the petitioner to file petition under
Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the
Special Marriage Act, 1954 and physical presence of the sureties in
criminal cases, the procedure laid down by the Division Bench of
Hon'ble of High Court of Karnataka in W.P. No. 7338/2020 vide order
dated July 10, 2020 shall be followed by all the Courts.
(https://karnatakajudiciary.kar.nic.in/noticeBoard/wp-7338-2020-
10072020.pdf)
39. The Principal District and Sessions Judge shall take necessary steps
to train advocates of the concerned Districts in the District Training
Centre in coordination with the district administration to equip them for
e-filing and video conferencing.
40. The Principal District Judge or the Presiding Officer at the taluka level
shall convene meeting of advocates and the office bearers of the Bar
associations to solicit their co-operation for strict compliance of the
above guidelines.
41. The notaries/oath commissioners shall be provided with separate

seating arrangement outside the Court. Under no circumstance,
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Notaries/Oath Commissioners shall be allowed to function inside the
precincts of the Courts. Job Typists shall not be allowed to function
inside the precincts of the Courts.
42. Judges may use masks while sitting on Dais.
43. Any infraction or non-cooperation in implementation of the guidelines

may result in immediate closure of the Court complex as ordered by
the Hon’ble Chief Justice, on the basis of the report of the Unit Heads/
Principal District Judges.
44. The reference to ‘Principal District Judge’ shall include Principal

Judges of all Courts.
45. The Principal District and Sessions Judges shall regularly hold
periodical meetings with all the stakeholders such as Deputy
Commissioners/Superintendents of Police/Commissioner of Police/
Bar Associations/State Government Health Officers, etc.
46. The Hon’ble Supreme Court of India in SUO MOTU WRIT (CIVIL)
NO.5/2020 in RE: GUIDELINES FOR COURT FUNCTIONING
THROUGH VIDEO CONFERENCING DURING COVID-19
PANDEMIC, has passed an order on June 6, 2020, which is to the
following effect:
“5. Faced with the unprecedented and extraordinary

outbreak of a pandemic, it is necessary that Courts at all
levels respond to the call of social distancing and ensure
that court premises do not contribute to the spread of
virus. This is not a matter of discretion but of duty.
Indeed, Courts throughout the country particularly at the
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level of the Supreme Court and the High Courts have
employed video conferencing for dispensation of Justice
and as guardians of the Constitution and as protectors of
individual liberty governed by the rule of law. Taking
cognizance of the measures adopted by this court and by
the High Courts and District Courts, it is necessary for
this court to issue directions by taking recourse to the
jurisdiction conferred by Article 142 of the Constitution.”
47. In case of any emergent situation, the Hon’ble Chief Justice will take
decisions regarding permitting closure of Courts for sanitization and
for suspension of physical hearings.
48. Notwithstanding this SOP, the earlier Notification dated 1st of July
2020, declaring ‘closure’ of all the Courts only for the purposes of
Section 4 of Limitation Act, 1963 till August 7, 2020, shall continue to
operate.
BY ORDER OF HON’BLE THE CHIEF JUSTICE
-sd-
(RAJENDRA BADAMIKAR)
REGISTRAR GENERAL
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Enclosures:
1. Notice regarding of e-filing – District Court-dated 30.03.2020.
2. Advisory-Note- dated 21.04.2020
3. Notification dated 16.04.2020 - closure of all Dist & Trial Courts
4. Notification permitting Physical Filing in 15 Districts - dated 16.05.2020
5. District-Judiciary-Dress-Code-Circular dated 16.05.2020
6. Model Rules for Video Conferencing for Courts – dated 04.5.2020
7. Process flow of Khajane-II
8. Order dated May 15, 2020, made on the Memo in Criminal Petition No
2039 of 2020.
9. Order dated July 10, 2020, in W.P.No.7338 of 2020.
10. Advisory in respect of COVID-19 issued by Health Department.
11. Modified Advisory to Judicial Officers, Court Staff of all the Courts and the
staff in Government Advocates’/Prosecutor’s office issued on June 10,
2020.
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Date: 30-03-2020
: NOTICE:
It is hereby notified to Advocates / Party-in-person / Litigant Public that, in case of any
extreme urgency, request may be sent to the registered mail Ids of the respective District Courts. If
extreme urgency is considered favourable by the Principal District Judge, necessary intimation will
be issued by the Principal District Judge, accordingly for permitting e-filing. E-filed matters will be
heard only on Tuesdays and Fridays between 11.00 A.M. to 12.30 P.M.
Sl.No. District email-id-1 email-id-2
1 Bagalkot [email protected] [email protected]
2 Ballari [email protected] [email protected]
3 Belagavi [email protected] [email protected]
4 Bengaluru Rural [email protected] [email protected]
5 Bengaluru Urban [email protected] [email protected]
6 Bidar [email protected] [email protected]
7 Chamarajanagar [email protected] [email protected]
8 Chikkaballapur [email protected] [email protected]
9 Chikkamagaluru [email protected] [email protected]
10 Chitradurga [email protected] [email protected]
11 Dakshina Kannada [email protected] [email protected]
12 Davanagere [email protected] [email protected]
13 Dharwad [email protected] [email protected]
14 Gadag [email protected] [email protected]
15 Hassan [email protected] [email protected]
16 Haveri [email protected] [email protected]
17 Kalaburagi [email protected] [email protected]
18 Kodagu [email protected] [email protected]

19 Kolar [email protected] [email protected]
20 Koppal [email protected] [email protected]
21 Mandya [email protected] [email protected]
22 Mysuru [email protected] [email protected]
23 Raichur [email protected] [email protected]
24 Ramanagara [email protected] [email protected]
25 Shivamogga [email protected] [email protected]
26 Tumakuru [email protected] [email protected]
27 Udupi [email protected] [email protected]
28 Uttara Kannada [email protected] [email protected]
29 Vijayapura [email protected] [email protected]
30 Yadgir [email protected] [email protected]
Small Cause Court

31 [email protected] [email protected]
Bangalore
CMM Courts
32 [email protected] [email protected]
Bangalore
Family Court, [email protected] [email protected]

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Bangalore
By Order of the Hon’ble Chief Justice
Sd/-
(Registrar General)
High Court of Karnataka,
Bengaluru.
April 21, 2020
NOTIFICATION
(As applicable to all Districts Courts and Trial Courts in

the State)
1. All Principal Districts Judges/Principal Judges and In-

charge Judges of the Courts to take a serious note of the
advisory (both in English and Kannada language)
separately issued to the Judicial Officers and members of
the staff of the Courts. A copy of the advisory is enclosed
with this order. Ensure that a copy of the same reaches
every staff member.
2. Whenever members of the staff are called upon to attend

the Court for urgent work or to attend home offices of the
Judicial Officers, it shall be ensured that all of them are
wearing proper masks and all of them properly wash their
hands with soap or hand sanitizer before commencing their
work. Social distancing shall be maintained by them. It
will be the responsibility of the Judicial Officers to see that
members of the staff maintain social distancing. Similarly,
the Judicial Officers shall instruct the members of the Bar,
Advocates’ clerks or parties visiting the Court for the
purposes of payment of Court fees and process fees to
follow all the rules of safety and social distancing.
3. Every person entering the Court precincts including the

Police, Security staff, members of the Court staff, shall be
scanned at the entry point by using temperature scanners
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by State Government health workers and an inquiry shall
be made through health workers to ascertain whether any
of them are having known symptoms of Covid-19. If it is
found that temperature is not normal or any of them are
found to have symptoms, their entry in the Court precincts
shall not be permitted. The names and cell phone
numbers of the persons entering the Court precincts shall
be recorded. No one should be allowed to enter the Court
precincts without wearing a proper mask. The aforesaid
directions are also applicable to the Advocates/Advocates’
clerks/parties-in-person visiting the Courts for the
purposes of payment of Court fees or payment of process
fees. It is advisable that even Judicial Officers while
entering the Court precincts undergo a similar check.
4. The Principal District Judges/Principal Judges/Officers in-

charge of the Courts may consider of keeping open only
one or two entry points of the Court precincts. Presence of
the health workers and equipment for measuring
temperature shall be procured by the respective Principal
District Judges/Principal Judges of in-charge Judges for all
Court complexes under their control by approaching the
State Government Officers/officials.
BY ORDER OF HON’BLE THE CHIEF JUSTICE,
Sd/-
(Rajendra Badamikar)
Registrar General
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ADVISORY TO JUDICIAL OFFICERS, COURT STAFF

OF ALL THE COURTS AND THE STAFF IN
GOVERNMENT ADVOCATES’/PROSECUTOR’S OFFICE
April 21, 2020
BASIC PROTECTIVE MEASURES AGAINST THE COVID-19

DURING THE COURT HOURS IN COURT PREMISES
The Covid-19 is a pandemic and it requires to be contained.

There are several measures which can be adopted by Judicial
Officers, staff of High Court and District Judiciary to get
protected from being infected by Covid-19 during office visit,
some of which are mentioned below:
1. Use of masks in the precincts of the Courts is compulsory. Do

not move out of the house without wearing a proper mask.
The mask should be proper and clean. Official guidelines are
available on social media to make proper mask at home.
After entering office, wash your hands with liquid soap.
Frequently clean your hands by using an alcohol based hand
rub product like gel or sanitizer or wash your hands with
alkaline soap and water.
2. Avoid close contact with anyone and maintain at least 6 feet
distance between yourself and any other persons in the
office. (Maintain all the norms of social Social Distancing).
3. Avoid touching eyes, nose and mouth.
4. Practice good respiratory and personal hygiene.
5. Do not shake hands with anyone.
6. Do not participate in gatherings including sitting in groups at
any place.
7. Use hand gloves while dealing with office files/case files.
8. Download Aarogya Sethu App to ascertain the Corona
infected persons around you. Make self assessment every
day. You have dry cough, cold, throat irritation or
temperature, do not go to workplace and contact a doctor.
9. As far as possible, while moving out of your house, always
carry a small hand sanitizer bottle with you all along and
frequently use it.
Apart from that, you are also requested to adopt certain
protective measures while going back home from office or
from market after buying grocery/medicines, which are as
under:
1. Ring up home before you leave the office or inform the time
of reaching home in advance.
2. Someone at home should keep the front door open (so that
you don't have to touch the calling bell or door handle) and a
bucket of hot water with washing soap powder or bleaching
powder added to it in the front door.
3. Keep things (keys with you, sanitizer bottle, and phone) in a
box outside the door.
4. Wash your hands in the bucket and wash your feet. Use
tissue paper or a clean piece of cloth by putting sanitizer and
wipe the items you have placed in the box. The used tissue
papers should be disposed of properly. If a clean piece of
cloth is used, it should be properly washed as indicted in
clause 7.
Then enter the house without touching anything.
5. The bathroom door shall be kept open by and a bucket of hot
detergent soap water be kept ready. Soak your clothes used
outside in the bucket.
6. Then take a head bath with shampoo and body bath with
soap,
7. Wash your clothes/put in washing machine with high
temperature settings and dry clothes in direct sunlight.
8. Practice Yoga and Pranayama or do some other good exercise
at home.
Note:
a) Please remember that you are not only responsible for
your own safety, but also for the safety of your family
and your colleagues at your workplace. Please note
that if you do not take necessary precautions, the
others may suffer.
b) The safeguards suggested above are not exhaustive.

In addition to the above safeguards, you may follow
other safeguards as well.
Sd/-
Registrar General
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D) ªÉÄÃ¯É ¸ÀÆa¸À¯ÁzÀ ¸ÀÄgÀPÀëvÁ PÀæªÀÄUÀ¼ÀÄ ¸ÀªÀÄUÀæªÁzÀÄzÀ®è. ¸ÀzÀj PÀæªÀÄUÀ¼À£ÀÄß
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¸À»/-
(gÁeÉÃAzÀæ ¨ÁzÁ«ÄPÀgï)
jf¸ÁÖçgï d£ÀgÀ¯ï
April 16, 2020

NOTIFICATION
(As applicable to all Districts Courts and Trial Courts in

the State
In view of the Full Court Resolution dated April 13, 2020, in

supersession of all earlier order passed in this behalf, Hon’ble the
Chief Justice is pleased to pass the following order:
1. It is declared that there shall be ‘closure’ of all the

District and Trial Courts, Family Courts, Labour Courts
and Industrial Tribunals in the State from April 15 to
May 3, 2020 (both days inclusive). This period will
be treated as the period of closure of the Courts in
accordance with Section 4 of the Limitation Act, 1963.
2. In case of extreme urgency, a request for taking up a

case which is already filed can be made by sending email
to the registered email IDs of the respective Courts as
specified in Annexure A to this Notification. A memo
stating the details of urgency with all material particulars
shall be forwarded by email. The concerned Principal
District Judge / Principal Judges may, if satisfied about
the existence of the extreme urgency, direct that the
case will be heard by a particular Judicial Officer by
video conferencing hearing. Necessary instructions to
enable the Advocates/Parties-in-person concerned to
participate in the video conferencing hearing shall be
1
issued by the concerned Principal District Judge /
Principal Judges by a technical staff member nominated
by him.
3. In case of extreme urgency, a request for filing fresh

matters or Interlocutory Applications (IAs) in the
pending matters shall be submitted to the email IDs of
the concerned Court mentioned in Annexure-A to this
Notification. The request for e-filing shall be made in the
form of a memo stating the details of urgency with
material particulars. If the concerned Principal District
Judge / Principal Judge is satisfied about the existence of
extreme urgency, he will forward detailed instructions for
e-filing to the concerned Advocate/Party-in-person on
the same email ID from which the request made by the
Advocate/Party-in-person is received. After e-filing is
made, the concerned Principal District Judge / Principal
Judge shall fix a date for hearing which will be
communicated to the concerned Advocate/Party-in-
person. Necessary instructions for attending the video
conferencing hearing shall be issued to the concerned
Advocate/Party-in-person by the concerned Principal
District Judge / Principal Judge or by a technical staff
member nominated by the concerned Principal District
Judge / Principal Judge.
4. In the memo submitted in accordance of clauses 3 and 4

above, the Advocate/Party-in-person shall set out his cell
phone number. All communications shall be made on
2
the email ID from which memo is received and on the
cell phone number mentioned in the memo.
5. Hearing of urgent matters will be conducted via video

conferencing. Necessary instructions will be issued to the
Advocates / Parties-in-person when hearing of urgent
matter is permitted.
6. Video Conferencing hearing of urgent matters shall be

fixed on each Tuesday and Friday between 11.00
am and 12.30 pm. It can be fixed by Principal
District Judge / Principal Judge on any other day
in case of grave urgency. If any Tuesday or Friday is
a General Holiday, the matters shall be fixed on
immediately next working day.
7. The Principal District Judge / Principal Judge will ensure

that a counter in office of the concerned Court is kept
open on every Tuesday and Friday between 11.00
am and 12.30 pm only for purposes of payment of
process fees and for payment of court fees. The
payment of process fees will be allowed only in those
matters in which notices have been issued during the
closure period. Court fees will be received only in respect
of the matters which are permitted to be e-filed during
closure period.
8. The Principal District Judge / Principal Judge shall ensure

that the skeletal staff members who are required to
come to the Courts and the Advocates and litigants as
3
well as Advocates’ clerks who enter the Court precincts
for purpose of payment of process fee/court fee shall
compulsorily wear face masks. It shall be ensured that
social distancing is maintained in the Court rooms/
offices, filing counters etc., and hand sanitizers are kept
for use in all these places.
9. The cases which are already listed up to May 2, 2020

shall be adjourned automatically to subsequent dates,
which shall be uploaded in the website as well as CIS.
10. The members of the Bar and litigants are requested to

note the order dated March 23, 2020 passed by the
Hon’ble Supreme Court of India (In Suo Motu Writ
Petition (Civil) Nos.3/2020 In re: Cognizance for
extension of Limitation) wherein to obviate such
difficulties and to ensure that lawyers/litigant do not
have to come physically to file such proceedings in
respective Courts/Tribunals across the country, it is
ordered that a period of limitation in all such
proceedings, irrespective of the limitation prescribed
under the general law or Special Laws whether
condonable or not shall stand extended w.e.f 15 th March
2020 till further order/s to be passed by the Supreme
Court in the said proceedings.
11. This notification supersedes all notifications/notices

issued earlier, as applicable to all the District Courts and
Trial Courts in the State, concerning the period of
4
closure. This notification will be in force till further
notification is issued.
12. In view of the decision taken by the Full Court of Hon'ble

High Court of Karnataka on April 13, 2020, there shall
be no Summer Vacation to High Court and all other
District and Trial Courts in the State.
Sd/-
Registrar General
5
Bengaluru
Dated May 16, 2020
NOTICE
The High Court has decided to commence the physical filing of
new cases in Bengaluru Urban, Bengaluru Rural, Bidar,
Chikkamagaluru, Dharwad, D.K.Mangaluru, Kolar, Kodagu-
Madikeri, Gadag, Haveri, Mandya, Mysuru, Tumkuru, Udupi and
Yadgiri Districts on 20th, 21st and 22nd of May 2020 from 11.00
a.m to 1.00 p.m.
Apart from physical filing of new cases, filing of caveat petitions,
statement of objections, vakalathnama and interim applications in
pending matters is also permitted during these three days.
The Advocates/parties-in-person/Advocates’ clerks who wish to
file the matters on the aforesaid dates will have to apply for seeking
appointment of the date and time for physical filing of the matters by
specifying the matters to be filed by them in the respective Districts.
The applications with regard to these Districts shall be made on e-mail
ID as may be notified in the official websites of the concerned District
Courts. The Advocates/parties-in-person/Advocates’ clerks will be
communicated the date, time and counter number by sending a reply

for filing of the matters on the same e-mail ID from which requests are
received.
The entry will be given to the Court precincts in the concerned
District and Taluka Courts in the specificied areas, provided the
Advocates/parties-in-person/Advocates’ clerks show a printed copy of
e-mail received fixing the date of appointment or a soft copy thereof is
shown to the security personnel.
The Advocates/parties-in-person/Advocates’ clerks entering the
Court precincts will have to undergo medical screening and only those
who asymptomatic will be allowed entry.
The Advocates/parties-in-person/Advocates’ clerks are requested
to reach the Court precincts ten minutes before the scheduled time of
appointment.
For approaching the filing counters, Advocates/parties-in-
person/Advocates’ clerks will have to stand in queue in the specificied
areas. Social distancing shall be maintained while standing in the
queue. Needless to add that no person will be allowed to enter in the
Court precincts without wearing a mask.
A separate Counter will be provided in the same venue for
serving the advance copy to the office of the Government
Advocates/Pleaders and Public Prosecutors/Asst. Public Prosecutors.
2
On the presentation form in duplicate Advocates/parties-in-
person/ Advocates’ clerks shall mention his/her correct e-mail address
and cell phone number. On accepting the filing, acknowledgement will
be issued on the office copy of presentation form filed in duplicate. FR
number and further steps to be taken for rectification of objection etc
shall be communicated at the e-mail address/cell phone number
mentioned on the presentation form and will also be webhosted in the
official website of the District Courts. At a time Advocates/parties-in-
person/Advocates’ clerks can file 5 matters.
If any urgency for hearing is involved in the matters which may
be filed on these three days, memo will have to be moved for fixing
the date by following the procedure set out in Notification dated 30th
April 2020 in respect of Principal Bench of the High Court which is
already published in the official website of the High Court.
The Advocates/parties-in-person/Advocates’ clerks who are
allowed entry in the precincts of the Court shall strictly follow the
norms of safety such as maintaining social distancing, wearing
masks etc. After filing is completed, Advocates/parties-in-
person/Advocates’ clerks are requested immediately leave the Court
precincts and they will not be allowed to enter the Court building. It is
made clear that no Advocates/parties-in-person/Advocates’ clerks shall
3
be allowed entry for the purpose of physical filing of the matters
without showing a print out or a soft copy of appointment for filing.
The aforesaid arrangement is made on the trial basis and the
same is liable to be cancelled in the event it is found that the
Advocates/parties-in-person/Advocates’ clerks are not following the
safety norms of wearing masks and maintaining social distancing.
The Advocates/parties-in-person/Advocates’ clerks are requested
to co-operate with the concerned District Judiciary administration.
BY ORDER OF HON’BLE THE CHIEF JUSTICE
Sd/-
REGISTRAR GENERAL
4
No.DJA.I/Gen./2020 High Court of Karnataka,
Bengaluru,
Dated: 16.05.2020
CIRCULAR
As per the Resolution dated 15.05.2020 of the Hon’ble Full Court,

it is hereby directed that for the time being, the dress code of the
Advocates of the District Judiciary in the State, who are appearing for
video conferencing will be in terms of Circular issued by the Hon’ble
Supreme Court of India on May 13th, 2020, which reads thus:
“CIRCULAR
It is notified for the information of all concerned
that considering the medical advice, as a
precautionary measure to contain spread of
Coronavirus (COVID-19) infection under the prevailing
conditions, the Competent Authority has been pleased
to direct that the Advocates may wear “plain white-
shirt/white-salwar-kameez/white saree, with a
plainwhite neck band” during the hearings before the
Supreme Court of India through Virtual Court System
till medical exigencies exist or until further orders.
The above directions shall come into force with

immediate effect.”
BY ORDER OF THE HON’BLE HIGH COURT,
Sd/-
REGISTRAR GENERAL
Contd….2
-2-
Copy for information and necessary action to:-
1. The Prl. City Civil & Sessions Judge, Bengaluru City,

Bengaluru.
2. The Chief Judge, Court of Small Causes, Bengaluru.
3. All the Prl. District & Sessions Judges in the State.
4. The Prl. Judge, Family Court, Bengaluru and all the With a request to
Judges of Family Courts in the State. circulate the same
5. All the Presiding Officers of Industrial Tribunals and amongst all the
Labour Courts in the State. Judicial Officers
6. The Central Project Co-ordinator, High Court of coming under
Karnataka, with a request to web host the above their Unit.
Notification under the High Court Website.
7. Circular file.
8. Office Copy.
ಂೆ ಗಳ ರು, ಗುರು ಾರ ,25, ಜೂ , 2 0 2 0 (s
ಆ ಾಢ ,4 , ಶಕವಷ೵ ೧೯೪2 ) Issue 26
Volume - 155
Bengaluru, THURSDAY,25,JUNE,2020(Ashadha,4,ShakaVarsha 1942)
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sUÀ4J ಕ ಾ ಟಕ ಾಜ ಪತ ,ಗುರು ಾರ,25 , ಜೂ , 2020 1987
HIGH COURT OF KARNATAKA, BENGALURU

NOTIFICATION
HCC NO.18/2020 DATED 09.06.2020
Preface
Whereas it is expedient to consolidate, unify and streamline the procedure relating to use of
video conferencing for Courts; and
In exercise of its powers under Articles 225 and 227 of the Constitution of India, the High
Court of Karnataka, with the approval of the Government of Karnataka vide G.O. No.LAW-
LCE/84/2020 dated 08.06.2020 makes the following Rules.
1988 ಕ ಾ ಟಕ ಾಜ ಪತ ,ಗುರು ಾರ,25 , ಜೂ , 2020 ¨s
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Chapter I – Preliminary
1. These Rules shall be called the "Rules for Video Conferencing for Courts".
(i) These Rules shall apply to such courts or proceedings or classes of courts or proceedings and
on and from such date as the High Court may notify in this behalf.
2. Definitions
In these Rules, unless the context otherwise requires:
(i) "Advocate" means and includes an advocate entered in any roll maintained under the
provisions of the Advocates Act, 1961 and shall also include government pleaders/advocates
and officers of the department of prosecution.
(ii) "Commissioner" means a person appointed as commissioner under the provisions of Code of
Civil Procedure, 19081, or the Code of Criminal Procedure, 19732, or any other law in force.
(iii) "Coordinator" means a person nominated as coordinator under Rule 5.
(iv) "Court" includes a physical Court and a virtual Court or tribunal.
(v) "Court Point" means the Courtroom or one or more places where the Court is physically
convened, or the place where a Commissioner or an inquiring officer holds proceedings
pursuant to the directions of the Court.
(vi) "Court User" means a user participating in Court proceedings through video conferencing at
a Court Point.
(vii) "Designated Video Conferencing Software" means software provided by the High Court
from time to time to conduct video conferencing.
(viii) “Exceptional circumstances” include illustratively an epidemic / a pandemic, natural
calamities, circumstances implicating law and order and matters relating to the safety of the
accused and witnesses.
_______________________________________________________________________________
1. "CPC"
2. "CrPC"
(ix) "Live Link" means and includes a live television link, audio-video electronic means or other
arrangements whereby a witness, a required person or any other person permitted to remain
present, while physically absent from the Courtroom is nevertheless virtually present in the
Courtroom by remote communication using technology to give evidence and be cross-
examined.
(x) "Remote Point" is a place where any person or persons are required to be present or appear
through a video link.
(xi) "Remote User" means a user participating in Court proceedings through video conferencing
at a Remote Point.
(xii) "Required Person" includes:
a. the person who is to be examined; or
b. the person in whose presence certain proceedings are to be recorded or conducted; or
c. an Advocate or a party in person who intends to examine a witness; or
d. any person who is required to make submissions before the Court; or
¨Á
e. any other person who is permitted by the Court to appear through video
conferencing.
(xiii) “Rules” shall mean these Rules for Video Conferencing for Courts and any reference to a
Rule, Sub-Rule or Schedule shall be a reference to a Rule, Sub-Rule or Schedule of these
Rules.
Chapter II - General Principles
3. General Principles Governing Video Conferencing
(i) Video conferencing facilities may be used at all stages of judicial proceedings and
proceedings conducted by the Court.
(ii) All proceedings conducted by a Court by way of video conferencing shall be judicial
proceedings and all the courtesies and protocols applicable to a physical Court shall apply to
these virtual proceedings. The protocol provided in Schedule I shall be adhered to for
proceedings conducted by way of video conferencing.
(iii) All relevant statutory provisions applicable to judicial proceedings including provisions of
the CPC, CrPC, Contempt of Courts Act, 1971, Indian Evidence Act, 1872 (abbreviated
hereafter as the Evidence Act), and Information Technology Act, 2000 (abbreviated hereafter
as the IT Act), shall apply to proceedings conducted by video conferencing.
(iv) Subject to maintaining independence, impartiality and credibility of judicial proceedings,
and subject to such directions as the High Court may issue, Courts may adopt such
technological advances as may become available from time to time.
(v) The Rules as applicable to a Court shall mutatis mutandis apply to a Commissioner
appointed by the Court to record evidence and to an inquiry officer conducting an inquiry.
(vi) There shall be no unauthorised recording of the proceedings by any person or entity.
(vii) The person defined in Rule 2(xii) shall provide identity proof as recognised by the
Government of India/State Government/Union Territory to the Court point coordinator via
personal email. In case identity proof is not readily available, the person concerned shall
furnish the following personal details: name, parentage and permanent address, as also,
temporary address if any.
4. Facilities recommended for Video Conferencing

The following equipment is recommended for conducting proceedings by video conferencing at the
Court Point and at the Remote Point:
(i) Desktop, Laptop, mobile devices with internet connectivity and printer;
(ii) Device ensuring uninterrupted power supply;
(iii) Camera;
(iv) Microphones and speakers;
(v) Display unit;
(vi) Document visualizer;
(vii) Provision of a firewall;
(viii) Adequate seating arrangements ensuring privacy;
(ix) Adequate lighting; and
(x) Availability of a quiet and secure space
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5. Preparatory Arrangements
5.1 There shall be a Coordinator both at the Court Point and at the Remote Point from which any
Required Person is to be examined or heard. However, Coordinator may be required at the
Remote Point only when a witness or a person accused of an offence is to be examined.
5.2 In the civil and criminal Courts falling within the purview of the district judiciary, persons
nominated by the High Court or the concerned District Judge, shall perform the functions of
Coordinators at the Court Point as well as the Remote Point as provided in Rule
5.3 The Coordinator at the Remote Point may be any of the following:
Sub Where the Advocate or Required Person The Remote Point Coordinator shall
Rule is at the following Remote Point:- be:-
5.3.1 Overseas An official of an Indian Consulate / the
relevant Indian Embassy / the relevant
High Commission of India
5.3.2 Court of another state or union territory within Any authorized official nominated by
the territory of India the concerned District Judge.
5.3.3 Mediation Centre or office of District Legal Any authorized person official
Services Authority (including Taluka Legal nominated by the Chairperson or
Services Committee) Secretary of the concerned District
Legal Services Authority.
5.3.4 Jail or prison The concerned Jail Superintendent or
Officer in-charge of the prison.
5.3.5 Hospitals administered by the Central Medical Superintendent or an official
Government, the State Government or local authorized by them or the person in
bodies charge of the said hospital
5.3.6 Observation Home, Special Home, Children's The Superintendent or Officer in charge
Home, Shelter Home, or any institution of that child facility or an official
referred to as a child facility (collectively authorized by them.
referred to as child facilities) and where the
Required Person is a juvenile or a child or a
person who is an inmate of such child facility.
5.3.7 Women’s Rescue Homes, Protection Homes, The Superintendent or Officers In-
Shelter Homes, Nari Niketans or any charge of the women’s facility or an
institution referred to as a women’s facility official authorized by them.
(collectively referred to as women’s facilities).
5.3.8 In custody, care or employment of any other The Superintendent or Officers in-
government office, organization or institution charge of the institutional facility or an
(collectively referred to as institutional official authorized by them.
facilities).
5.3.9 Forensic Science Lab The Administrative officer in-charge or
their nominee.
¨Á
5.3.10 In case of any other location The concerned Court may appoint any
person deemed fit and proper who is
ready and willing to render their
services as a Coordinator to ensure that
the proceedings are conducted in a fair,
impartial and independent manner and
according to the directions issued by the
Court in that behalf.
5.4 When a Required Person is at any of the Remote Points mentioned in Sub Rules 5.3 and
video conferencing facilities are not available at any of these places the concerned Court will
formally request the District Judge, in whose jurisdiction the Remote Point is situated to
appoint a Coordinator for and to provide a video conferencing facility from proximate and
suitable Court premises.
5.5 The Coordinators at both the Court Point and Remote Point shall ensure that the
recommended requirements set out in Rule 4 are complied with, so that the proceedings are
conducted seamlessly.
5.6 The Coordinator at the Remote Point shall ensure that:
5.6.1 All Advocates and/or Required Persons scheduled to appear in a particular proceeding are
ready at the Remote Point designated for video conferencing at least 30 minutes before the
scheduled time.
5.6.2 No unauthorised recording device is used.
5.6.3 No unauthorised person enters the video conference room when the video conference is in
progress.
5.6.4 The person being examined is not prompted, tutored, coaxed, induced or coerced in any
manner by any person and that the person being examined does not refer to any document,
script or device without the permission of the concerned Court during the course of
examination.
5.7 Where the witness to be examined through video conferencing requires or if it is otherwise
expedient to do so, the Court shall give sufficient notice in advance, setting out the schedule
of video conferencing and in appropriate cases may transmit non- editable digital scanned
copies of all or any part of the record of the proceedings to the official email account of
the Coordinator of the concerned Remote Point designated in accordance with Rule 5.3.
5.8 Before the scheduled video conferencing date, the Coordinator at the Court Point shall
ensure that the Coordinator at the Remote Point receives certified copies, printouts or a soft
copy of the non-editable scanned copies of all or any part of the record of proceedings which
may be required for recording statements or evidence, or for reference. However, these shall
be permitted to be used by the Required Person only with the permission of the Court.
5.9 Whenever required the Court shall order the Coordinator at the Remote Point or at the Court
Point to provide -
5.9.1 A translator in case the person to be examined is not conversant with the official language of
the Court.
5.9.2 An expert in sign languages in case the person to be examined is impaired in speech and/or
hearing.
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5.9.3 An interpreter or a special educator, as the case may be, in case a person to be examined is
differently abled, either temporarily or permanently.
Chapter III - Procedure for Video Conferencing
6. Application for Appearance, Evidence and Submission by Video Conferencing:
6.1 Any party to the proceeding or witness, save and except where proceedings are initiated at
the instance of the Court, may move a request for video conferencing. A party or witness
seeking a video conferencing proceeding shall do so by making a request in the form
prescribed in Schedule II.
6.2 Any proposal to move a request to for video conferencing should first be discussed with the
other party or parties to the proceeding, except where it is not possible or inappropriate, for
example in cases such as urgent applications.
6.3 On receipt of such a request and upon hearing all concerned persons, the Court will pass an
appropriate order after ascertaining that the application is not filed with an intention to
impede a fair trial or to delay the proceedings.
6.4 While allowing a request for video conferencing, the Court may also fix the schedule for
convening the video conferencing.
6.5 In case the video conferencing event is convened for making oral submissions, the order may
require the Advocate or party in person to submit written arguments and precedents, if any,
in advance on the official email ID of the concerned Court.
6.6 Costs, if directed to be paid, shall be deposited within the prescribed time, commencing from
the date on which the order convening proceedings through video conferencing is
received.
7. Service of Summons
Summons issued to a witness who is to be examined through video conferencing, shall mention the
date, time and venue of the concerned Remote Point and shall direct the witness to attend in person
along with proof of identity or an affidavit to that effect. The existing rules regarding service of
summons and the consequences for non-attendance, as provided in the CPC and Cr.PC shall apply
with respect to service of summons for proceedings conducted by video conferencing.
8. Examination of persons
8.1 Any person being examined, including a witness shall, before being examined through video
conferencing, produce and file proof of identity by submitting an identity document issued or
duly recognized by the Government of India, State Government, Union Territory, or in the
absence of such a document, an affidavit attested by any of the authorities referred to in
Section 139 of the CPC or Section 297 of the CrPC, as the case maybe. The affidavit will
inter alia state that the person, who is shown to be the party to the proceedings or as a
witness, is the same person, who is to depose at the virtual hearing. A copy of the proof of
identity or affidavit, as the case may be, will be made available to the opposite party.
8.2 The person being examined will ordinarily be examined during the working hours of the
concerned Court or at such time as the Court may deem fit. The oath will be administered to
the person being examined by the Coordinator at the Court Point.
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8.3 Where the person being examined, or the accused to be tried, is in custody, the statement or,
as the case may be, the testimony, may be recorded through video conferencing. The Court
shall provide adequate opportunity to the under-trial prisoner to consult in privacy with their
counsel before, during and after the video conferencing.
8.4 Subject to the provisions for examination of witnesses contained in the Evidence Act, before
the examination of the witness, the documents, if any, sought to be relied upon shall be
transmitted by the applicant to the witness, so that the witness acquires familiarity with the
said documents. The applicant will file an acknowledgment with the Court in this behalf.
8.5 If a person is examined with reference to a particular document then the summons to witness
must be accompanied by a duly certified photocopy of the document. The original document
should be exhibited at the Court Point in accordance with the deposition of the concerned
person being examined.
8.6 The Court would be at liberty to record the demeanour of the person being examined.
8.7 The Court will note the objections raised during the deposition of the person being
examined and rule on them.
8.8 The Court shall obtain the signature of the person being examined on the transcript once the
examination is concluded. The signed transcript will form part of the record of the judicial
proceedings. The signature on the transcript of the person being examined shall be obtained
in either of the following ways:
8.8.1 If digital signatures are available at both the concerned Court Point and Remote Point, the
soft copy of the transcript digitally signed by the presiding Judge at the Court Point shall be
sent by the official e-mail to the Remote Point where a print out of the same will be taken
and signed by the person being examined. A scanned copy of the transcript digitally signed
by the Coordinator at the Remote Point would be transmitted by official email of the Court
Point. The hard copy of the signed transcript will be dispatched after the testimony is over,
preferably within three days by the Coordinator at the Remote Point to the Court Point by
recognised courier/registered speed post.
8.8.2 If digital signatures are not available, the printout of the transcript shall be signed by the
presiding Judge and the representative of the parties, if any, at the Court Point and shall be
sent in non-editable scanned format to the official email account of the Remote Point, where
a printout of the same will be taken and signed by the person examined and countersigned by
the Coordinator at the Remote Point. A non-editable scanned format of the transcript so
signed shall be sent by the Coordinator of the Remote Point to the official email account of
the Court Point, where a print out of the same will be taken and shall be made a part of the
judicial record. The hard copy would also be dispatched preferably within three days by the
Coordinator at the Remote Point to the Court Point by recognised courier/registered speed
post.
8.9 An audio-visual recording of the examination of person examined shall be preserved. An
encrypted master copy with hash value shall be retained as a part of the record.
8.10 The Court may, at the request of a person to be examined, or on its own motion, taking into
account the best interests of the person to be examined, direct appropriate measures to
protect the privacy of the person examined bearing in mind aspects such as age, gender,
physical condition and recognized customs and practices.
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8.11 The Coordinator at the Remote Point shall ensure that no person is present at the Remote
Point, save and except the person being examined and those whose presence is deemed
administratively necessary by the Coordinator for the proceedings to continue.
8.12 The Court may also impose such other conditions as are necessary in a given set of facts for
effective recording of the examination (especially to ensure compliance with Rule 5.6.4).
8.13 The examination shall, as far as practicable, proceed without interruption or the grant of
unnecessary adjournments. However, the Court or the Commissioner as the case may be,
will be at liberty to determine whether an adjournment should be granted, and if so, on what
terms.
8.14 The Court shall be guided by the provisions of the CPC and Chapter XXIII, Part B of the
CrPC, the Evidence Act and the IT Act while examining a person through video
conferencing.
8.15 Where a Required Person is not capable of reaching the Court Point or the Remote Point due
to sickness or physical infirmity, or presence of the required person cannot be secured
without undue delay or expense, the Court may authorize the conduct of video conferencing
from the place at which such person is located. In such circumstances the Court may direct
the use of portable video conferencing systems. Authority in this behalf may be given to the
concerned Coordinator and/or any person deemed fit by the Court.
8.16 Subject to such orders as the Court may pass, in case any party or person authorized by the
party is desirous of being physically present at the Remote Point at the time of recording of
the testimony, such a party shall make its own arrangement for appearance/representation at
the Remote Point.
9. Exhibiting or Showing Documents to Witness or Accused at a Remote Point
If in the course of examination of a person at a Remote Point by video conferencing, it is necessary to

show a document to the person, the Court may permit the document to be shown in the following
manner:
9.1 If the document is at the Court Point, by transmitting a copy or image of the document to the
Remote Point electronically, including through a document visualizer; or
9.2 If the document is at the Remote Point, by putting it to the person and transmitting a
copy/image of the same to the Court Point electronically including through a document
visualizer. The hard copy of the document counter signed by the witness and the
Coordinator at the Remote Point shall be dispatched thereafter to the Court Point via
authorized courier/registered speed post.
10. Ensuring seamless video conferencing
10.1 The Advocate or Required Person, shall address the Court by video conferencing from a
specified Remote Point on the date and time specified in the order issued by the Court. The
presence of the coordinator will not be necessary at the Remote point where arguments are
to be addressed by an advocate or party in person before the Court.
10.2 If the proceedings are carried out from any of the Remote Point(s) (in situations described in
Rules 5.3.1 to 5.3.9) the Coordinator at such Remote Point shall ensure compliance of all
technical requirements. However, if the proceedings are conducted from a Remote Point
¨s
falling in the situation contemplated under Rule 5.3.10, such as an Advocate’s office, the
Coordinator at the Court Point shall ensure compliance of all technical requirements for
conducting video conferencing at both the Court Point and the Remote Point.
10.3 The Coordinator at the Court Point shall be in contact with the concerned Advocate or the
Required Person and guide them in regard to the fulfilment of technical and other
requirements for executing a successful hearing through video conferencing. Any problems
faced by such Remote Users shall be resolved by the Court Point Coordinator. The Court
Point Coordinator shall inter alia share the link of the video conferencing hearing with such
Remote Users.
10.4 The Coordinator at the Court Point shall ensure that any document or audio-visual files,
emailed by the Remote User, are duly received at the Court Point.
10.5 The Coordinator at the Court Point shall also conduct a trial video conferencing, preferably
30 minutes prior to scheduled video conferencing in order to ensure that all the technical
systems are in working condition at both the Court Point and the Remote Point.
10.6 At the scheduled time, the Coordinator at the Court Point shall connect the Remote User to
the Court.
10.7 On completion of the video conferencing proceeding, the Court shall mention in the order
sheet the time and duration of the proceeding, the software used (in case the software used is
not the Designated Video Conferencing Software), the issue(s) on which the Court was
addressed and the documents if any that were produced and transmitted online. In case a
digital recording is tendered, the Court shall record its duration in the order sheet along with
all other requisite details.
10.8 The Court shall also record its satisfaction as to clarity, sound and connectivity for both
Court Users and Remote Users.
10.9 On the completion of video conferencing, if a Remote User is of the opinion that they were
prejudiced due to poor video and/or audio quality, the Remote User shall immediately
inform the Coordinator at the Court Point, who shall in turn, communicate this information
to the Court without any delay. The Court shall consider the grievance and if it finds
substance in the grievance may declare the hearing to be incomplete and the parties may be
asked to re-connect or make a physical appearance in Court.
11. Judicial remand, framing of charge, examination of accused and Proceedings under
Section 164 of the CrPC
11.1 The Court may, at its discretion, authorize detention of an accused, frame charges in a
criminal trial under the CrPC by video conferencing. However, ordinarily judicial remand in
the first instance or police remand shall not be granted through video conferencing save and
except in exceptional circumstances for reasons to be recorded in writing.
11.2 The Court may, in exceptional circumstances, for reasons to be recorded in writing,
examine a witness or an accused under Section 164 of the CrPC read with Rule 5 of Chapter
V of the Karnataka Criminal Rules of Practice, 1968 or record the statement of the accused
under Section 313 CrPC through video conferencing, while observing all due precautions
to ensure that the witness or the accused as the case may be is free of any form of coercion,
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threat or undue influence. The Court shall ensure compliance with Section 26 of the
Evidence Act.
Chapter IV - General Procedure

12. General procedure
12.1 The procedure set out hereafter in this chapter is without prejudice to the procedure
indicated elsewhere in these Rules qua specific instances in which proceedings are
conducted via video conferencing.
12.2 The Coordinator at the Court Point shall ensure that video conferencing is conducted only
through a Designated Video Conferencing Software. However, in the event of a technical
glitch during a given proceeding, the concerned Court may for reasons to be recorded permit
the use of a software other than the Designated Video Conferencing Software for video
conferencing in that particular proceeding.
12.3 The identity of the person to be examined shall be confirmed by the Court with the
assistance of the Coordinator at the Remote Point in accordance with Rule 8.1, at the time of
recording of the evidence and the same must be reflected in the order sheet of the Court.
12.4 In civil cases, parties requesting for recording statements of the person to be examined by
video conferencing shall confirm to the Court, the location of the person, the willingness of
such person to be examined through video conferencing and the availability of technical
facilities for video conferencing at the agreed upon time and place.
12.5 In criminal cases, where the person to be examined is a prosecution witness or a Court
witness, or where a person to be examined is a defence witness, the counsel for the
prosecution or defence counsel, as the case maybe, shall confirm to the Court the location of
the person, willingness to be examined by video conferencing and the time, place and
technical facility for such video conferencing.
12.6 In case the person to be examined is an accused, the prosecution will confirm the location of
the accused at the Remote Point.
12.7 Video conferencing shall ordinarily take place during the Court hours. However, the Court
may pass suitable directions concerning the timing and schedule of video conferencing as the
circumstances may warrant.
12.8 If the accused is in custody and not present at the Court Point, the Court will order a multi-
point video conference between itself, the witness and the accused in custody to facilitate
recording of the statement of the witness (including medical or other expert). The Court shall
ensure that the defence of the accused is not prejudiced in any manner and that the
safeguards contained in Rule 8.3 are observed.
12.9 The Coordinator at the Remote Point shall be paid such amount as honorarium as may be
directed by the Court in consultation with the parties.
13. Costs of Video Conferencing
In the absence of rules prescribed by the concerned Court, the Court may take into consideration
following circumstances when determining and/or apportioning the costs of video conferencing:
13.1 In criminal cases, the expenses of the video conferencing facility including expenses
¨s
involved in preparing soft copies/certified copies of the Court record and transmitting the
same to the Coordinator at the Remote Point, and the fee payable to translator /
interpreter/special educator, as the case may be, as also the fee payable to the Coordinator at
the Remote Point, shall be borne by such party as directed by the Court.
13.2 In civil cases, generally, the party making the request for recording evidence, through video
conferencing shall bear the expenses.
13.3 Besides the above, the Court may also make an order as to expenses as it considers
appropriate, taking into account rules / instructions regarding payment of expenses to the
complainant and witnesses, as may be prevalent from time to time.
13.4 It shall be open to the Court to waive the costs as warranted in a given situation.
14. Conduct of Proceedings
14.1 All Advocates, Required Persons, the party in person and/or any other person permitted by
the Court to remain physically or virtually present (hereinafter collectively referred to as
participants) shall abide by the requirements set out in Schedule I.
14.2 Before the commencement of video conferencing all participants, shall have their presence
recorded. However, in case a participant is desirous that their face or name be masked,
information to that effect will be furnished to the Court Point Coordinator prior to the
commencement of the proceeding.
14.3 The Court Point Coordinator shall send the link / Meeting ID / Room Details via the email
Id / mobile number furnished by the Advocate or Required Person or other participant
permitted to be virtually present by the Court. Once the proceedings have commenced, no
other persons will be permitted to participate in the virtual hearing, save and except with the
permission of the Court.
14.4 The participants, after joining the hearing shall remain in the virtual lobby if available, until
they are admitted to virtual hearing by the Coordinator at the Court Point.
14.5 Participation in the proceedings shall constitute consent by the participants to the
proceedings being recorded by video conferencing.
14.6 Establishment and disconnection of links between the Court Point and the Remote Point
would be regulated by orders of the Court.
14.7 The Court shall satisfy itself that the Advocate, Required Person or any other participant that
the Court deems necessary at the Remote Point or the Court Point can be seen and heard
clearly and can clearly see and hear the Court.
14.8 To ensure that video conferencing is conducted seamlessly, the difficulties, if any,
experienced in connectivity must be brought to the notice of the Court at the earliest on the
official email address and mobile number of the Court Point Coordinator which has been
furnished to the participant before the commencement of the virtual hearing. No complaint
shall subsequently be entertained.
14.9 Wherever any proceeding is carried out by the Court under these Rules by taking recourse to
video conferencing, this shall specifically be mentioned in the order sheet.
15. Access to Legal Aid Clinics/Camps/Lok Adalats/Jail Adalats
15.1 In conformity with the provisions of the Legal Services Authorities Act, 1987 and the laws
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in force, in proceedings related to Legal Aid Clinics, Camps, Lok Adalats or Jail Adalats,
any person who at the Remote Point is in Jail or Prison shall be examined by the Chairman /
Secretary of the District Legal Service Authority or Taluka Legal Service Committee or
Members of Lok Adalats before passing any award or orders in accordance with law.
15.2 Such award or order shall have the same force as if it was passed by the regular Lok Adalat
or Jail Adalat.
15.3 Copy of the award or order and the record of proceedings shall be sent to the Remote Point.
16. Allowing persons who are not parties to the case to view the proceedings
16.1 In order to observe the requirement of an open Court proceeding, members of the public will
be allowed to view Court hearings conducted through video conferencing, except
proceedings ordered for reasons recorded in writing to be conducted in-camera. The Court
shall endeavour to make available sufficient links (consistent with available bandwidth) for
accessing the proceedings.
16.2 Where, for any reason, a person unconnected with the case is present at the Remote Point,
that person shall be identified by the Coordinator at the Remote Point at the start of the
proceedings and the purpose of the presence of that person shall be conveyed to the Court.
Such a person shall continue to remain present only if ordered so by the Court.
Chapter V – Miscellaneous
17. Reference to Words and Expressions
Words and expressions used and not defined in these Rules shall have the same meaning as assigned to
them in the CPC, the CrPC, Evidence Act, IT Act, and the General Clauses Act, 1897.
18. Power to Relax
The High Court may if satisfied that the operation of any Rule is causing undue hardship, by an order
dispense with or relax the requirements of that Rule to such extent and subject to such conditions, as
may be stipulated to deal with the case in a just and equitable manner.
19. Residual Provisions
Matters with respect to which no express provision has been made in these Rules, shall be decided by
the Court consistent with the principle of furthering the interests of justice.
¨s
SCHEDULE I
1. All participants shall wear sober attire consistent with the dignity of the proceedings.
Advocates shall be appropriately dressed in professional attire prescribed under the
Advocates Act, 1961. Police officials shall appear in the uniform prescribed for police
officials under the relevant statute or orders. The attire for judicial officers and Court staff
will be as specified in the relevant rules prescribed in that behalf by the High Court. The
decision of the Presiding Judge or officer as to the dress code will be final.
2. Proceedings shall be conducted at the appointed date and time. Punctuality shall be
scrupulously observed.
3. The case will be called out and appearances shall be recorded on the direction of the Court.
4. Every participant shall adhere to the courtesies and protocol that are followed in a physical
Court. Judges will be addressed as “Madam/Sir” or “Your Honour”. Officers will be
addressed by their designation such as “Bench Clerk/Court Officer”. Advocates will be
addressed as “Learned Counsel/Senior Counsel”
5. Advocates, Required Persons, parties in person and other participants shall keep their
microphones muted till such time as they are called upon to make submissions.
6. Remote Users shall ensure that their devices are free from malware.
7. Remote Users and the Coordinator at the Remote Point shall ensure that the Remote Point is
situated in a quiet location, is properly secured and has sufficient internet coverage. Any
unwarranted disturbance caused during video conferencing may if the Presiding Judge so
directs render the proceedings non-est.
8. All participants’ cell phones shall remain switched off or in airplane mode during the
proceedings.
9. All participants should endeavour to look into the camera, remain attentive and not engage
in any other activity during the course of the proceedings.
SCHEDULE II
Request Form for Video Conference
1. Case Number / CNR Number (if any)
2. Cause Title
3. Proposed Date of conference (DD/MM/YYYY): _________
4. Location of the Court Point(s): ____________
5. Location of the Remote Point(s): ____________
6. Names & Designation of the Participants at the Remote Point: __________
7. Reasons for Video Conferencing:
In the matter of:
8. Nature of Proceedings: Final Hearing Motion Hearing Others
ÁUÀ4J
I have read and understood the provisions of Rules for Video Conferencing for
Courts (hyperlink). I undertake to remain bound by the same to the extent applicable
to me. I agree to pay video conferencing charges if so, directed by the Court.
Signature of the applicant/authorised

Date:
----------------------------------------------------------------------------------------------------------
For the use of the Registry / Court Point Co-ordinator
A) Bench assigned:
B) Hearing:
Held on(DD/MM/YYYY):
Commencement Time:
End time:
Number of hours:
C) Costs:
Overseas transmission charges if any:
To be Incurred by Applicant / Respondent:
To be shared equally:
Waived; as ordered by the Court:
Signature of the authorised officer:

Date:
BY ORDER OF THE HIGH COURT,
Sd/-
REGISTRAR GENERAL
PR-225
Process Flow Document for Court Fees Remittances through Khajane II
portal.
Introduction:
The Finance Department (Government of Karnataka) has implemented Khajane 2, an

Integrated Financial Management Systems electronic platform. All the payments and the
receipts of the Government of Karnataka are routed through this electronic platform.
The platform is integrated with the eKuber of RBI and also the banking systems to
facilitate electronic remittances into the Treasuries and also the electronic payments to
the beneficiaries.
Khajane 2 has established a Unified Payment Gateway, for receipt of all the remittances
to the Government. This Portal (available at https://k2.karnataka.gov.in) allows
remittances to the Government of Karnataka through multiple modes (Over the counter
challans; Net banking; Neft/RTGS). The remitters are required to generate challan on
the portal favouring the offices to which remittances are to be made and make the
remittances.
For court fees remittances, this document gives the process flow guidance that can be
followed. Khajane 2 remittances can be done using Khajane 2 front end portal, by
accessing the following URL https://k2.karnataka.gov.in
This site has the following features for remitters:
1. Challan Generation
2. Online Payment
3. Search Challan &
4. Double Verification
Process Flow:
Step 1: Access Khajane 2 portal through URL https://k2.karnataka.gov.in
1
Step 2:Click on Generate Challan
Step 3 :Enter Remitter Details such as Name, Address, Email & Mobile Number
Step 4 : Under Category drop down select Government
Step 5 : Select Bengaluru Urban district from the list of drop down menu
2
Step 6 : Select Department as High Court Of Karnataka
Step 7 :Select the DDO Office from the list of drop down menu High Court Of
Karnataka, Bangalore& the DDO code will be auto populated
Step 8 :Select the required purpose & the Head of Account will be auto populated
Step 9 :Select sub purpose from the drop down list & other input (if applicable)
Step 10 :Enter the amount that has to be remitted & click add
3
Step 11: Select either NEFT/RTGS mode of payment or Net Banking & click Submit
Step 12 :Verify details & enter Captcha. Click Confirm
Step 13 :Challan Reference Number is Generated. For NEFT, Select bank, branch &
enter remitter Account number.
4
Click Print to generate NEFT/RTGS mandate.
It is encouraged that user make NEFT/RTGS mode of payment
5
Step 13 :Challan Reference Number is Generated. Based on mode of payment
selected following options will be displayed.
a) For NEFT/RTGS – Select bank, branch & enter remitter Account number. Click
Print upon which Mandate page is obtained.
b) For Net Banking - Select the bank & click make payment. You will be redirected
to bank net banking page. Upon completion of transaction, it will be automatically
redirected to Khajane 2.
Step 14 :Post making payment, user can check the status of the challan using search
challan feature.
It is encouraged that user make NEFT/RTGS mode of payment to be selected at Step
11 above. The process of NEFT/RTGS is explained in detail.
6
1
KNPJ Crl.P.No.2039/2020
15-05-2020
ORDER ON MEMO DATED 09.05.2020
The learned counsel for the petitioner has filed a memo for
relaxation or modification of condition No.1 imposed by this Court while
disposing of this bail petition. He further submits that, he has also filed
I.A. 1/2020 in support of the memo for the same purpose. It is argued
that, the concerned Criminal Courts are not accepting the affidavits and
documents, and surety bonds duly signed by the parties sent through e-
filing to the concerned Courts. Therefore he has sought for relaxation or
modification of condition No.1, or for any such direction necessary to the
concerned Criminal Courts.
Condition No.1 imposed by this Court is as follows -
(1) The petitioner shall execute his personal bond for a sum of
Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum
to the satisfaction of the jurisdiction Court.
2. Of course, the above condition cannot be relaxed altogether or

modified. However suitable directions can be very well be issued to the
concerned Courts. It is trite that, the Criminal Courts have to examine
the veracity of the surety furnished by the accused before accepting the
same. But in view of COVID-19 the situation prevailing in the Country
and the State as on the date, the physical participation of litigant public
is prohibited by various advisories issued by this Court on the
administrative side.
3. Under the above said circumstances, all the transactions have

been done by e-filing and through video conferencing method. Hence it
2
is clarified that the Court should not insist personal presence of accused
or his surety for the purpose of executing any bond or affidavit. The
trial Courts are hereby directed to accept the affidavits, photograph, and
necessary documents regarding their identification and property of the
surety and bonds in Form No.28 of Cr.P.C submitted by the respective
Counsel with the signature of the Counsel filed through e-filing to the
court or in any other electronic media. However the acceptance of
those papers by the court is subject to verification after the lockdown is
completely lifted and the Courts start regularly working. If the Court
finds any deficiency in the papers and irregularity, the same can be
rectified later. Even if the Court feels it just and necessary the Court can
insist for fresh surety later.
4. Advocates are also hereby directed to furnish surety affidavit,

photograph of surety, necessary documents for identification of surety,
and documents pertaining to the property of surety, along with surety
bond in Form No.28 of Cr.P.C, duly signed by the surety and identified by
the counsel by the counsel and scanned, through e-filing, or e-mail to
the concerned Court so as to enable the concerned Courts to pass
appropriate orders.
5. The Registrar General is hereby directed to forth with

communicate this order to concerned Court and also to all the criminal
courts in the State to follow the direction issued as noted supra till the
lockdown is lifted or the regular working of the Courts. This direction
may also be incorporated in the Advisory issued by the High Courts.
JUDGE
CJ& SVSJ: W.P.No.7338/2020
10.07.2020
ORDER
We are now dealing with the three different issues. The
first issue is whether the physical presence of the parties to a
suit or proceedings in the civil Court is mandatory, when the
Court records compromise in accordance with the Rule 3 of
Order XXIII of the Code of Civil Procedure, 1908 (for short ‘the
said Code’).
2. We have heard the learned Senior Counsel Shri. Uday
Holla appointed as Amicus Curiae, the learned Additional
Solicitor General of India and the learned Additional Advocate
General of the State on the above issue.
3. The learned Senior Counsel Shri. Uday Holla has filed
written submissions. The issue which we are now considering
arises in view of the provisions of the Standard Operating
Procedure (for short ‘SOP’) applicable to the District and Trial
Courts in the State under which, the litigants are not permitted to
enter the Court premises. It is a part of various measures taken
to avoid spread of Novel Corona Virus (COVID 19). Whether,
as a practice or by way of abundant precaution, many of the

2
Courts in the State have been insisting on personal presence of
the parties to the proceedings, when the Courts consider a
compromise in writing in accordance with the provisions of Rule
3 of Order XXIII of the said Code. The question is whether the
presence of the parties is mandatory. For answering the said
issue, it is necessary for this Court to look into various provisions
of the said Code.
4. Firstly, we must refer to Rule 3 of Order XXIII of the said
Code which reads thus:
“3. Compromise of suit.—Where it is proved

to the satisfaction of the Court that a suit has been
adjusted wholly or in part by any lawful agreement
or compromise, in writing and signed by the
parties or where the defendant satisfies the plaintiff
in respect of the whole or any part of the subject-
matter of the suit, the Court shall order such
agreement, compromise or satisfaction to be
recorded, and shall pass a decree in accordance
therewith so far as it relates to the parties to the suit,
whether or not the subject-matter of the agreement,
compromise or satisfaction is the same as the
subject-matter of the suit:
3
Provided that where it is alleged by one party

and denied by the other that an adjustment or
satisfaction has been arrived at, the Court shall
decide the question; but no adjournment shall be
granted for the purpose of deciding the question,
unless the Court, for reasons to be recorded, thinks
fit to grant such adjournment.
Explanation. —An agreement or compromise

which is void or voidable under the Indian Contract
Act, 1872 (9 of 1872), shall not be deemed to be
lawful within the meaning of this rule.”
(emphasis added)
5. By the Act No. 104 of 1976, the requirement of having a
compromise in writing and signed by the parties has been
introduced. On plain reading of Rule 3 of Order XXIII, it is clear
that it is not mandatory for the parties to remain personally
present in the Court when the Court considers an agreement in
writing or a compromise in writing signed by the parties in
accordance with the provisions of Rule 3 of Order XXIII.
However, the Court has to be satisfied that the agreement or the
compromise in writing filed by the parties is lawful. For that

4
purpose, the Court must satisfy itself that the agreement or
compromise in writing has been signed by the parties to the suit.
6. In many cases, an issue arose whether the requirement
introduced by the Act No. 104 of 1976 of the parties signing the
compromise or agreement can be said to be substantially
complied with if the Advocates who had duly filed vakalath on
behalf of the parties concerned sign the documents of
compromise for and on behalf of their clients. The aforesaid
issue will have to be addressed in the light of the provision of
Rule 1 of Order III of the said Code which reads thus:
“ORDER III
RECOGNIZED AGENTS AND PLEADERS
1. Appearances, etc., may be in person,

by recognised agent or by pleader.—
Any appearance, application or act in
or to any Court, required or authorised
by law to be made or done by a party
in such Court, may, except where
otherwise expressly provided by any
law for the time being in force, be
made or done by the party in person,
or by his recognised agent, or by a
5
pleaderappearing, applying or acting,

as the case may be, on his behalf:
Provided that any such appearance shall, if the

Court so directs, be made by the party in person.”
7. The act of signing a compromise petition or an agreement
is also an act within the meaning of Rule 1 of Order III. A
pleader appointed by the parties can apply or act on behalf of
those parties. The question is whether the requirement of a
compromise being signed by the parties can be said to be
complied with when it is signed by the Advocates representing
the parties to the suit.
8. The learned Senior Counsel Sri. Uday Holla relied upon
the various decisions in this behalf. The first decision is in the
case of Byram Pestonji Gariwala –vs- Union Bank of India
and others1. The appeal before the Apex Court arose out of a
decision of the Bombay High Court in execution application on
its original side. As can be seen from paragraph 2 of the said
decision, the issue before the Apex Court was whether a decree
made against the defendant in terms of a compromise in writing
1
(1992) 1 SCC 31
6
and signed by counsel representing the parties, but not signed
by the parties themselves, was valid and binding on all the
parties. The Apex Court thereafter proceeded to consider the
provisions of Rule 3 of Order XXIII. The Apex Court also
considered the issue relating to implied authority of an Advocate
to sign compromise on behalf of his client. The Apex Court
discussed several decisions on the point and ultimately, in
paragraph 30 held thus:
“30. There is no reason to assume that the

legislature intended to curtail the implied
authority of counsel, engaged in the thick of
proceedings in court, to compromise or agree
on matters relating to the parties, even if such
matters exceed the subject matter of the suit.
The relationship of counsel and his party or the
recognised agent and his principal is a matter of
contract; and with the freedom of contract
generally, the legislature does not interfere except
when warranted by public policy, and the legislative
intent is expressly made manifest. There is no such
declaration of policy or indication of intent in the
present case. The legislature has not evinced any
intention to change the well recognised and
universally acclaimed common law tradition of an
ever alert, independent and active bar with freedom
7
to manoeuvre with force and drive for quick action

in a battle of wits typical of the adversarial system
of oral hearing which is in sharp contrast to the
inquisitorial traditions of the ‘civil law’ of France and
other European and Latin American countries
where written submissions have the pride of place
and oral arguments are considered relatively
insignificant. (See Rene David, English Law and
French Law — Tagore Law Lectures, 1980). ‘The
civil law’ is indeed equally efficacious and even
older, but it is the product of a different tradition,
culture and language; and there is no indication,
whatever, that Parliament was addressing itself to
the task of assimilating or incorporating the rules
and practices of that system into our own system of
judicial administration”.
(emphasis added)
In paragraph 35, the Apex Court further held thus:
“35. So long as the system of judicial

administration in India continues unaltered, and
so long as Parliament has not evinced an
intention to change its basic character, there is
no reason to assume that Parliament has, though
not expressly, but impliedly reduced counsel's
role or capacity to represent his client as
effectively as in the past. On a matter of such
8
vital importance, it is most unlikely that

Parliament would have resorted to implied
legislative alteration of counsel's capacity or
status or effectiveness. In this respect, the words
of Lord Atkin in Sourendra [57 IA 133 : AIR 1930 PC
158 : 32 Bom LR 645] comparing the Indian
advocate with the advocate in England, Scotland and
Ireland, are significant: (AIR p. 161)
“There are no local conditions which make it

less desirable for the client to have the full
benefit of an advocate's experience and
judgment. One reason, indeed, for refusing to
imply such a power would be a lack of
confidence in the integrity or judgment of the
Indian advocate. No such considerations have
been or indeed could be advanced, and their
Lordships mention them but to dismiss them.”
(emphasis added)
Even in paragraphs 38 and 39 of the decision are relevant which
read thus:
“38. Considering the traditionally recognised role

of counsel in the common law system, and the evil
sought to be remedied by Parliament by the C.P.C.
(Amendment) Act, 1976, namely, attainment of certainty
and expeditious disposal of cases by reducing the terms
of compromise to writing signed by the parties, and
9
allowing the compromise decree to comprehend even

matters falling outside the subject matter of the suit, but
relating to the parties, the legislature cannot, in the
absence of express words to such effect, be
presumed to have disallowed the parties to enter into
a compromise by counsel in their cause or by their
duly authorised agents. Any such presumption
would be inconsistent with the legislative object of
attaining quick reduction of arrears in court by
elimination of uncertainties and enlargement of the
scope of compromise.
39. To insist upon the party himself personally

signing the agreement or compromise would often
cause undue delay, loss and inconvenience,
especially in the case of non-resident persons. It has
always been universally understood that a party can
always act by his duly authorised representative. If a
power-of-attorney holder can enter into an agreement
or compromise on behalf of his principal, so can
counsel, possessed of the requisite authorisation by
vakalatnama, act on behalf of his client. Not to
recognise such capacity is not only to cause much
inconvenience and loss to the parties personally, but also
to delay the progress of proceedings in court. If the
legislature had intended to make such a fundamental
change, even at the risk of delay, inconvenience and
needless expenditure, it would have expressly so stated”.
(emphasis added)
10
9. The second decision on the same point is in the case of
Pushpa Devi Bhagat (dead) through LR Sadhana Rai –vs-
Rajinder Singh and others2. In paragraph 23 of the said
decision, the Apex Court discussed the meaning of the words
“signed by the parties”. The Apex Court relied upon its earlier
decisions in the case of Byram Pestonji Gariwala (supra) as
well as Jineshwardas –vs- Jagrani3. The conclusion drawn by
the Apex Court is that the words ‘by parties” refer not only to
parties-in-person, but also duly authorized pleaders. Thus, the
Apex Court held that if Advocates appointed by the parties have
been authorized by the parties to sign the compromise, the
compromise memo/petition signed by the Advocates becomes a
compromise “signed by the parties”.
10. In the case of Y. Sleebachen and others –vs- State of
Tamil Nadu4, the Apex Courts specifically dealt with the issue of
the power of an Advocate to enter into compromise. After
considering its earlier decisions, in paragraph 20, the Apex Court
held thus:
2
(2006) 5 SCC 566
3
(2003) 11 SCC 372
4
(2015) 5 SCC 747
11
“20. We find that in the present case the

Government Pleader was legally entitled to enter into
a compromise with the appellant and his written
endorsement on the memo filed by the appellant can
be deemed as a valid consent of the respondent
itself. Hence the counsel appearing for a party is
fully competent to put his signature to the terms
of any compromise upon which a decree can be
passed in proper compliance with the provisions
of Order 23 Rule 3 and such decree is perfectly
valid. The authority of a counsel to act on behalf of a
party is expressly given in Order 3 Rule 1 of the Civil
Procedure Code which is extracted hereunder……”
(emphasis added)
Hence, the Apex Court has reiterated that an Advocate
appearing for a party is fully competent to put his signature on
the terms of any compromise on behalf of his client.
11. In the case of Deputy General Manager –vs- Kamappa5,
a division Bench of this Court had dealt with the issue of validity
of compromise on the ground that the compromise petition was
not signed by the appellant. In paragraph 5, the Division Bench
referred to the form of Vakalath which specifically authorized the
Advocate to enter into compromise and therefore, held that there

5
ILR 1993 KAR 584
12
was nothing wrong with the compromise memo or petition
signed by the Advocates and that the same are lawful.
12. The conclusion which can be drawn from the aforesaid
discussion is that the Advocates representing the parties have
authority to sign the compromise petition on behalf of their
clients and when the compromise petition is signed by the
Advocates representing a parties to the suit, it complies with the
statutory requirement in the provision of Rule 3 of Order XXIII of
the said Code which requires a compromise petition to be signed
by the parties. Thus, a compromise petition signed by
Advocates on behalf of their respective clients will have to be
treated as a compromise petition signed by the parties. That is
very clear from sub-rule 1 of Order III. Any appearance,
application or act in or to any Court required to be made or done
by a party can be made done by a pleader representing the said
party. Under Rule 4 of Order III, it is provided that a pleader can
act for any person in any Court, if he has been appointed for the
purpose by such person by a document in writing signed by such
person or his recognized agent or by his power of attorney
holder. This appointment in writing is known as vakalath or
vakalathnama. The authority and appointment of the Advocate

13
continues to be in force until determined with the leave of the
Court by a writing signed by the client or the Advocate, as the
case may be, or until the client or Advocate dies. Unlike some
other States, in the State of Karnataka, there are no rules
framed under Section 34(1) of the Advocates Act,1961
prescribing a form of vakalath. If the vakalath contains a clause
authorizing the Advocate to sign compromise, the Advocate has
authority to sign a compromise on behalf of his client. If vakalath
does not contain such express authority, the client can always
give such authority in writing to his Advocate.
13. Thus, the law as it stands today is that an Advocate who is
duly authorized by his client to enter into a compromise by
signing the compromise petition or consent terms can sign the
same for and on behalf of his client and it will be a perfectly valid
compromise in accordance with the Rule 3 of Order XXIII of the
said Code provided it is otherwise lawful. The authority can be
in the form of a specific clause in vakalath or a specific authority
in writing, signed by the client. A compromise petition and/or
consent terms duly signed by the Advocates representing the
parties to the suit are valid in terms of Rule 3 of Order XXIII and
it can be termed as a compromise signed by the parties.

14
Therefore, it follows that when a compromise petition is signed
by the parties to the suit who are represented by the Advocates,
the personal presence of the parties for enabling the Court to
pass an order disposing of the suit in terms of compromise is not
mandatory if they are represented by the Advocates before the
Court. If the Advocate has authority to sign the compromise on
behalf of his client, surely he has authority to present the
compromise signed by his client to the court and represent him
when the Court passes an order in terms of the compromise.
However, on plain reading of Rule 3 of Order XXIII, the Court
must be satisfied that there is a lawful agreement or compromise
between the parties and that the compromise is signed either by
the parties or by their recognized agents or by power of attorney
holders or by the Advocates who are duly authorized to enter
into compromise.
14. It is pointed out across the Bar that there are several
instances where, the compromise filed in civil suits or in appeals
is challenged by the parties on the ground that a fraud has been
played or that their signatures were obtained on the compromise
petition without explaining the contents thereof. We are
discussing the question whether, in law, personal presence of

15
the parties to the suit is mandatory when the consent
terms/compromise petition signed by them and/or their
respective Advocates is tendered by the Advocates before the
Court to enable the Court to make enquiry and dispose of the
suit in terms of the compromise. The answer to this legal
question is clearly in the negative, in view of the law which is
fairly well settled. The settled legal position cannot undergo a
change merely because, there is a possibility of unscrupulous
litigants abusing the same.
15. In a case where the compromise petition is signed by a
party or by his Advocate and if the party concerned is not
present before the Court, if a Court entertains a doubt about the
genuineness of the settlement, the Court can always exercise its
power under the proviso to Rule 1 of Order III and direct the
parties to appear before the Court in person even through video
conferencing. But the Court cannot insist on the personal
appearance of the parties in every case.
16. In some of the cases, even though the parties physically
appear before the Court and accept and acknowledge the
compromise, the parties back out and make frivolous allegations

16
of fraud. However, that will not change the legal position and it
does not make it mandatory for the parties to remain present in
the Court at the time of presenting the compromise petition.
However, with a view to avoid any allegations being made by the
parties against their Advocates, it may be advisable for the
Advocates to get the affidavits of the parties in support of
compromise petition recording that the party has understood the
contents of the compromise petition and that the party has
voluntarily affixed/put his/or signature on the compromise
petition. If an Advocate signs the compromise petition on behalf
of his client, though he may be duly authorized under vakalath to
enter into compromise, it is advisable that a special authority in
writing is taken from the client to sign the compromise petition
and placed on record along with the compromise.
17. There is no legal impediment in the way of Courts acting
upon the compromise petition duly signed by the parties which is
presented by their respective Advocates, though the parties are
not personally present. The Court may call upon the Advocates
presenting the compromise petition to identify and attest the
signatures of their respective clients on the compromise petition.
Apart from that, the Court may also call upon the Advocates to
17
file affidavits in support of the compromise petition duly affirmed
by the parties to the suit. If the Court is satisfied that the
compromise is signed by the parties or their Advocates duly
authorized to sign and that the compromise is lawful, the Court
has a power to pass a decree in terms of the compromise in the
suit without insisting on the personal presence of the parties to
the suit. As observed earlier, in a case where the Court
entertains any serious doubt, it can always call upon the parties
to remain present before the Court. The personal presence of
the parties can be secured even through video conferencing.
When the presence of the parties is procured by video
conferencing, their Advocates who are present before the Court
can identify the parties appearing through the video
conferencing.
18. Subject to what is observed above, it is made clear that it
is perfectly lawful for the Courts to record the compromise on the
basis of the compromise petitions duly signed by the parties and
tendered by their respective Advocates before the Court, even
without procuring the personal presence of the parties.

18
19. The second issue is about conduct of the proceedings of
the petitions filed under Section 13B of the Hindu Marriage Act,
1955 (for short, ‘the said Act of 1955’) and Section 28 of the
Special Marriage Act, 1954 (for short, ‘the said Act of 1954’).
As far as the requirement of personal/physical presence of the
petitioner for filing of the petition is concerned, the said issue is
already resolved by an order of this Court. In the case of
Sanathini –vs- Vijaya Venkatesh6 a Bench of three Hon’ble
Judges of the Apex Court has dealt with the issue of maintaining
and safeguarding confidentiality in video conferencing
proceedings before the Family Courts established under the
Family Courts Act 1984 (for short, ‘the said Act of 1984’). The
majority decision was rendered by Dipak Misra, C.J (as he then
was). The Apex Court, after considering the various stages of
the proceedings of the matrimonial disputes in light of the
provisions of Section 11 of the said Act of 1984 which requires
proceedings to be held in camera in event one of the parties
desires so, held that the method of video conferencing hearing
cannot be adopted when only one party gives his consent to
conduct the conciliation proceedings to bring about a settlement
6
(2018) 1 SCC 1
19
between the parties by video conferencing. The Apex Court
observed that if such proceedings are ordered to be conducted
through video conferencing, the command under Section 11 as
well as the spirit of the 1984 Act will be in peril and cause of
justice would be defeated. However, in paragraph 56 of the
said decision, the Apex Court observed thus:
“56. We have already discussed at length with

regard to the complexity and the sensitive nature of
the controversies. The statement of law made
in Krishna Veni NagamKrishna Veni
Nagam v. Harish Nagam, (2017) 4 SCC 150 :
(2017) 2 SCC (Civ) 394 that if either of the parties
gives consent, the case can be transferred, is
absolutely unacceptable. However, an exception
can be carved out to the same. We may repeat at
the cost of repetition that though the principle does
not flow from statutory silence, yet as we find from
the scheme of the Act, the Family Court has been
given ample power to modulate its procedure. The
Evidence Act is not strictly applicable. Affidavits of
formal witnesses are acceptable. It will be
permissible for the other party to cross-examine the
deponent. We are absolutely conscious that the
enactment gives emphasis on speedy settlement.
As has been held in Bhuwan Mohan Singh Bhuwan
20
Mohan Singh v. Meena, (2015) 6 SCC 353 : (2015)

3 SCC (Civ) 321 : (2015) 4 SCC (Cri) 200 , the
concept of speedy settlement does not allow room
for lingering the proceedings. A genuine endeavour
has to be made by the Family Court Judge, but in
the name of efforts to bring in a settlement or to
arrive at a solution of the lis, the Family Court
should not be chained by the tentacles by either
parties. Perhaps, one of the parties may be
interested in procrastinating the litigation.
Therefore, we are disposed to think that once a
settlement fails and if both the parties give consent,
that a witness can be examined in
videoconferencing that can be allowed. That apart,
when they give consent that it is necessary in a
specific factual matrix having regard to the
convenience of the parties, the Family Court may
allow the prayer for videoconferencing. That much
of discretion, we are inclined to think can be
conferred on the Family Court. Such a limited
discretion will not run counter to the legislative
intention that permeates the 1984 Act. However,
we would like to add a safeguard. A joint
application should be filed before the Family Court
Judge, who shall take a decision. However, we
make it clear that in a transfer petition, no direction
can be issued for videoconferencing. We reiterate
that the discretion has to rest with the Family Court
21
to be exercised after the court arrives at a definite

conclusion that the settlement is not possible and
both parties file a joint application or each party
filing his/her consent memorandum seeking
hearing by videoconferencing”.
20. The Apex Court observed that once the settlement or
reconciliation fails, if both the parties give consent by filing a
consent memorandum for hearing of the case through video
conferencing and for examination of a witness by video
conferencing, the Family Court can take recourse to
videoconferencing. Under sub-section (2) of Section 13B of the
said Act of 1955 and sub-section (2) of Section 28 of the said
Act of 1954, a decree of divorce by mutual consent can be
passed on the Court being satisfied, after hearing the parties
and after making such an enquiry as it thinks fit. For arriving at
the decision as contemplated under sub-section (2) of both the
sections, the Court must be satisfied that the marriage between
the parties has been solemnized, and the averments made in
the petition are true and all other ingredients of Section 13B of
the said Act of 1955 or Section 28 of the said Act of 1954, as the
case may, be are satisfied. For arriving at the decision, if the

22
Court wants to record the evidence on oath of parties to the
consent petition, there is no prohibition on recording the
evidence of the parties via video conferencing. Even the Court
can take the affidavits of the parties in a given case and record
its decision on the basis of the same. The Court can act upon
the affidavits of the parties or can record oral evidence by video
conferencing especially when after statutory period as provided
in Section 13B or Section 28, as the case may be, is over and
when both the parties are willing to standby the prayers for grant
of divorce by mutual consent. As far as the procedure for
recording of evidence is concerned, the Family Courts can
always follow the provisions of the Rules framed by the High
Court for videoconferencing hearing. Even the identity of the
parties deposing by video conferencing can be established in
the manner laid down in the said Video Conferencing Hearing
Rules framed by the High Court.
21. The next issue we are considering is about the
acceptance of sureties in compliance with the condition in the
orders of the Criminal Courts, enlarging the accused on bail.
Our attention is invited to an order made by the learned Single
Judge laying down the guidelines for acceptance of surety in the

23
present times which are affected by the pandemic of COVID-19.
As far as the procedure governing the acceptance of surety is
concerned, we have heard the learned Senior Counsel Shri.
C.V. Nagesh. We have considered the order dated 15th May,
2020 passed by the learned Single Judge in
Crl.P.No.2039/2020. The relevant part of the said order is at
paragraphs 3 and 4 which read thus:
“3. Under the above said circumstances, all the

transactions have been done by e-filing and
through video conferencing method. Hence, it is
clarified that the Court should not insist personal
presence of accused or his surety for the purpose
of executing any bond or affidavit. The trial Courts
are hereby directed to accept the affidavits,
photographs and necessary documents regarding
their identification and property of the surety and
bonds in Form No.28 of Cr.P.C submitted by the
respective Counsel with the signature of the
Counsel filed through e-filing to the Court or in any
other electronic media. However the acceptance
of those papers by the Court is subject to
verification after the lockdown is completely lifted
and the Courts start regularly working. If the Court
finds any deficiency in the papers and irregularity,
the same can be rectified later. Even if the Court
24
feels it just and necessary the Court can insist for

fresh surety later.
4. Advocates are also hereby directed to furnish

surety affidavit, photograph of surety, necessary
documents for identification of surety, and
documents pertaining to the property of surety,
along with surety bond in Form No.28 of Cr.P.C,
duly signed by the surety and identified by the
counsel by the by the counsel and scanned,
through e-filing, or e-mail to the concerned Court so
as to enable the concerned Courts to pass
appropriate orders.”
22. The learned Senior Counsel Shri. C.V. Nagesh has invited
our attention to various provisions of the Criminal Procedure
Code, 1973 (for short, ‘the Cr.P.C’) and the form of Surety Bond
(Form No.45) in the second Schedule of the Cr.P.C. He
submitted that the presence of the surety is required before the
Court for the purposes of verifying his identity and genuineness
of the information provided in the surety bond and in the security
documents. He submitted that if such bond along with the
supporting documents is executed in the form of an affidavit, the
said form would gain the legal sanctity of genuineness and any
iota of falsity in the said documents would certainly attract the

25
wrath of the penal statutes. He submitted that if any enquiry is
required to be made by procuring the presence of the surety, the
same can be done by procuring the presence of the surety via
videoconferencing.
23. We have heard the learned Additional Advocate General
on the said issue who urged that several safeguards will have to
be incorporated in addition to the safeguards provided in the
order of the learned Single Judge dated 15th May, 2020,
inasmuch as, in many cases it is found that the documents
produced by the surety are fake and fabricated and there are
instances of impersonation.
24. It is, therefore, necessary to refer to the relevant
provisions of Cr.P.C on this aspect. Section 441 and 441-A of
the Cr.P.C are the relevant provisions which read thus:
“441. Bond of accused and sureties.—(1)

Before any person is released on bail or released
on his own bond, a bond for such sum of money
as the police officer or Court, as the case may be,
thinks sufficient shall be executed by such person,
and, when he is released on bail, by one or more
sufficient sureties conditioned that such person
26
shall attend at the time and place mentioned in the

bond, and shall continue so to attend until
otherwise directed by the police officer or Court,
as the case may be.
(2) Where any condition is imposed for the release

of any person on bail, the bond shall also contain
that condition.
(3) If the case so requires, the bond shall also bind

the person released on bail to appear when called
upon at the High Court, Court of Session or other
Court to answer the charge.
(4) For the purpose of determining whether the

sureties are fit or sufficient, the Court may accept
affidavits in proof of the facts contained therein
relating to the sufficiency or fitness of the sureties,
or, if it considers necessary, may either hold an
inquiry itself or cause an inquiry to be made by a
Magistrate subordinate to the Court, as to such
sufficiency or fitness.
441-A. Declaration by sureties. —Every person

standing surety to an accused person for his
release on bail, shall make a declaration before
the Court as to the number of persons to whom he
27
has stood surety including the accused, giving

therein all the relevant particulars.”
25. There are orders passed by the Criminal Courts granting
bail subject to condition accused executing his personal bond for
a specified sum with one or two sureties for the like sum to the
satisfaction of the jurisdictional Court. The bail bond to be
executed by the accused and by the surety is in terms of Form
No.45 of Schedule-II of Cr.P.C. Section 446 of Cr.P.C provides
for forfeiture of bond. As directed by the learned Single Judge,
before the jurisdictional Court, the Advocate representing the
accused can produce the bail bond signed by the surety in
prescribed form along with an affidavit of the surety. Along with
the bond and affidavit, true copies of the authentic documents of
identity such as PAN, Aadhar etc., and documents of address
proof as well as the documents showing the property details
held by him shall also be produced. The documents shall be
self-attested by the surety and his signature shall be identified
by the Advocate for the accused. The Advocate will have identify
the signature of the surety by signing below the signature of the
surety and the concerned Advocate shall mention his
registration/enrolment number issued by the Karnataka Bar

28
Council below his signature. A recent photograph of the surety
shall be affixed on the affidavit and the bond. The affidavit shall
bear the signature of the Advocate for the accused recording
that he identifies the surety. In a given case, the jurisdictional
Court can call upon the Advocate to produce the original
documents of which the self-attested copies are furnished for
the purposes of verification. The jurisdictional Magistrate may
himself verify the documents or get the documents verified by
the Court officials. The affidavit of the surety must contain a
statement on oath regarding the description of the property
possessed by him, its value etc. A statement recording the
correctness of the documents produced along with the affidavit
must be incorporated in the affidavit. There shall be a
statement in the affidavit to the effect that the person executing
the affidavit has signed the surety bond.
26. After the aforesaid formalities are completed, the
jurisdictional Court may make an enquiry as contemplated by
sub-section (4) of Section 441 and will decide whether the
surety is fit and/or sufficient. For holding enquiry as
contemplated in sub-section (4) of Section 441 of Cr.P.C,
personal/physical presence of the surety is not mandatory.

29
However, if the Court entertains any serious doubt about the
identity of the surety or the genuineness of the documents
produced along with the bond and affidavit, the Court can
procure the attendance of the surety by video conferencing.
The identity of the surety can be verified as laid down in the
Video Conference Hearing Rules framed by this Court. It is
only after satisfaction is recorded after holding an enquiry as
contemplated by sub-section (4) of Section 441 that the person
in whose favour bail is granted can be released in accordance
with Section 442 of Cr.P.C. The accused can be released on
bail only after the Court holds an enquiry under sub-section (4)
of Section 441 of Cr.P.C and accepts the surety. Before
passing an order after holding enquiry under sub-section (4) of
Section 441, the Court must ensure that a declaration on oath in
accordance with Section 441-A is furnished by the surety. We
must note here that, as far as possible, no Court shall direct the
personal/physical presence of the surety before it. As
repeatedly held by us, it is the duty and responsibility of every
Court and all the stakeholders to ensure that the functioning of
Court does not become source of spread of Novel Corona Virus
(COVID-19).
30
Thus, during the present period of pandemic of COVID-
19, when there is an embargo on entry of litigants and the other
persons other than the Advocates to the Court complexes, the
procedure, as indicated above can be followed for the
acceptance of sureties.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Vr
Advisory forHigh court, District courts and Trial courts in the context of COVID-
19 in Karnataka
16/05/2020;Version -2
Background:
In view of COVID-19 pandemic, Government of Karnataka is taking all necessary
preventive and control measures to contain the pandemic. It is essential to ensure
infection prevention and control measures in court premises. These measures
shall be adopted by Judicial Officers, staff of High Court ,District courtsand trial
courts to protect themself from being infected by Covid-19 during their judicial
work.
1.1 At the Entrance:
• Designated person will undertake thermal screening (for fever) of all staff,
advocates,police personnel , witnesses, those under trialand visitors by
holding the thermal scanner from 3 to 15 cm away from the person’s
forehead. If temperature is ≥37.5 0C (≥99.50F) such persons shall not be
allowed and referred to fever clinic ordial Apthamitrahelpline 14410 for
advice.
• All those entering the premises shall be screened at separate entry points
(Staff/advocates and visitors shall be screened separately)
• The names and cell phonenumbers of the persons entering the Court
premises shall be recorded. No one shall be allowed to enter the Court
premises without wearing a face mask.
• Physical distance of more than 1 metre shall be maintained at all times and
avoid hand shaking. There shall not be overcrowding at the entry.
• Alcohol based handrub/sanitiser shall be made available at all points.
• The staff/visitors shall maintain cough etiquette; they are advised to cover
their mouth and nose with a disposable tissue paper/hand kerchief when
they sneeze/cough. The used tissue papers shall be disposed in closed
dustbins. If they don’t have tissue paper/hand kerchief they should cover
the mouth and nose by elbow.
Page 1 of 6
1.2 Within the court premises:
For Court staff:
• Avoid close contact with anyone and maintain at least 1 metre distance.
• Frequently wash your hands with soap andwater or use alcohol based hand
rub/sanitizer (Annexure 1).
• Avoid touching eyes, nose andmouthfrequently.
• Avoid handshake.Maintain hand hygiene while handling files.
• Do not arrangemeetings including sitting in groups at anyplace; virtual
meetings are encouraged.
• Seating arrangements has to be done in such a way that a distance of at
least 2 metre is maintained.
• Download Aarogya Sethu App and doself-assessmentdaily.
• If any staff develops symptoms like fever, cold , cough, throat pain and
difficulty in breathing , he/she shall not be permitted to work and refer
them to fever clinic or dial Apthamitrahelpline 14410.
1.3 For visitors in the court hall:

• Physical distance of more than 1 metre shall be maintained at all times and
avoid hand shaking
• Always use face masks at all times
• Alcohol based hand rub/sanitizer shall be frequently used.
• Visitors shall maintain cough etiquette, they are advised to cover their
mouth and nose with a disposable tissue paper/hand kerchief when they
sneeze/cough, used tissue papers must be disposed in closed dustbins, if
they don’t have tissue paper/hand kerchief they should cover mouth and
nose by elbow.
• If any visitor has symptoms of COVID 19, they shall be referred
immediatelyto fever clinic or dial Apthamitrahelpline 14410.
Page 2 of 6
1.4 Cleaning of Court premises:
Areas Frequency Method of cleaning and disinfection

Common areas- Once daily With common detergent and water or1%
waiting, verandah, sodium hypochlorite
reception, office rooms, (See Annexure-2 for preparation)
court hall, staff room,
judges room and Floors Clean the mop with water and 1% sodium
hypochlorite and sundry.
Lifts, stairways, door Once daily Wiping clothes dipped in 7% Lysol or any
handles, & knobs, table 70% alcohol based disinfectant
tops, Telephone,
window shields
switches etc.
Canteens and cafeteria Once daily With common detergent and water or
1% sodium hypochlorite
(See Annexure-2 for preparation)
Clean the mop with water and 1% sodium

hypochlorite and sun dry
Toilets Minimum 1% sodium hypochlorite
twice daily Not to use the toilet for half an hour
Curtains and table Oncea week Wash with hot water(70ºC or more) and
clothes laundry detergents
1.5 Canteens and cafeteria

• All Staff should be screened daily for symptoms like fever, cough,cold and
throat pain. Those having such symptoms shall not be permitted to attend
work and seek medical advice or dial Apthamitra helpline 14410.
• Ensure physical distancing of more than1 metre. Seating arrangements has to
be done in such a way that physical distancing is maintained.
• Cough etiquette: every individual has to observe personal hygiene while
coughing, sneezing, etc. Nose and mouth shall be closed by elbow while
coughing and sneezing. If Hand cloth is used it shallbe frequently washed. If
tissue paper is used, it shall not be thrown indiscriminately and to be disposed
off in closed dustbin.
• Frequent hand washing for at least 20 seconds is advised. The proper steps of
hand washing are to be noted. (Annexure 1). The hands shall be disinfected
with sanitizer regularly if frequent hand washing is not possible. Ensure liquid
Page 3 of 6
soap/dispenser is provided at hand-wash facility. Hand sanitizers shall be
placed at entrance, counters, tables and other appropriate places.
• All food-handlers shall wear facemask, hand gloves, head-cap and apron. The
facemask shall cover nose and mouth properly. Avoid touching your mask
while using it; Replace mask with a new one as soon as it is moist or at least
every six hours. Do not re-use single-use masks. To remove the mask, remove
it from behind (do not touch the front of the mask); discard immediately in a
closed bin; wash hands with soap & water or alcohol-based sanitiser.
• All staff shall take bath after reaching home. The clothes shall be washed
separately with detergent and sun dried. Use sanitizer to clean accessories
such as watch, belt, mobile phone, glasses and others.
• Toilets and Washrooms must be disinfected based on GOI guidelines.
https://www.mohfw.gov.in/pdf/Guidelinesondisinfectionofcommonpublicplac
esincludingoffices.pdf
• Keep doors open during working hours to prevent frequent touching and to
minimize contact. Common touch points like door handles, racks, billing
counters etc. shall be cleaned and sanitized frequently.
• All milk packets, vegetables and grocery packets shall be cleaned immediately
with running water and stored appropriately.
• All prepared foods shall be stored in closed containers.
• All utensils, instruments, cutlery, crockery shall be washed thoroughly using
warm water with detergent.
• Encourage digital forms of payment.
• Display posters and regular announcements to follow physical distancing, hand
hygiene and cough etiquette.
• Ensure that visitors follow queue with physical distancing by marking boxes on
the floor and do not crowd near the cash counter/ food counter.
• A suitable person shall be designated to monitor and ensure compliance to the
above requirements
2. Actions to be taken if any staff tests positive for COVID-19
2.1 If any staff develops symptoms of covid-19 such as fever, cold, cough,
throat pain, difficulty
in breathing, etc. he/she shall be immediately moved to an area away from
other individuals.
If possible, find a room or area where they can be isolated behind a closed
door, open the
Window for ventilation wherever possible and switch off AC.
Page 4 of 6
2.2 The staff who is unwell shall be provided with face mask and he/she shall
wear it. While they wait for medical advice, they should avoid any contact
with other staff, avoid touching others, surfaces, and objects. In case face
mask is not available, advise to cover mouth and nose with a disposable
tissue or hand kerchief while coughing/ sneezing and then dispose off the
tissue paper in a closed bin. If tissue paper/hand kerchief is not available,
they should cover mouth and nose by elbow. If they need to go to restroom,
they should use a separate one, if available. In short, he/she shall follow
cough etiquette, hand hygiene practices and physical distancing from other
co-workers.
2.3 If any staff reports of covid-19 symptoms over the phone, then the staff
shall contact Apthamitrahelpline by dialing “14410” or directly visit the
nearby fever clinic/hospital for medical consultation. Such staff shall not be
permitted to report to work.
2.4 Once a COVID positive case (patient) is diagnosed, inform and facilitate the
district health authorities for carrying out contact listing and tracking as per
the guidelines of Government of Karnataka (GOK).
2.5 The premises including all surfaces, floors, lifts, railings, stairs desks,
vehicles, etc. shall be disinfected using 1% sodium hypochlorite solution.
The premises can be re-used from the next day. If the premises continue to
report new COVID-19 cases in the subsequent days, District health
officer/chief health officer(PH) BBMP shall investigate and recommend
further action on case-to-case basis.
2.6 Irrespective of the COVID-19 status, all surfaces that the symptomatic staff
has come in contact must be cleaned with 1% sodium hypochlorite solution
including objects visibly contaminated with body fluids/respiratory
secretions, and all potentially contaminated high-contact areas such as
telephones, computers, tables, door handles, washrooms, etc.
2.7 After the staff is free from symptoms and fully recovers, he/she shall be
allowed to resume work.
A suitable person shall be designated as “nodal officer” to monitor and

ensure compliance to the above requirements and also liaise with health
department for guidance from time to time.
For COVID related queries please contact:
Helpline numbers 9745697456, 080-46848600, 080-66692000,14410
https://covid19.karnataka.gov.in/
Download Aarogyasetu and Apthamitra apps from below link
https://covid19.karnataka.gov.in/new-page/Mobile%20Applications/en
Kindly watch Jagruti Karnataka YouTube channel for COVID related information.
https://www.youtube.com/channel/UC-jJ_NNwB9m8_OocGo1Zfcg/videos
Page 5 of 6
Annexure -1
Steps in Hand washing- Minimum 20 seconds of hand washing is encouraged
Annexure-2 : Guidelines for Preparation of 1% sodium hypochlorite solution and

lysol
Product Available chlorine 1 percent

Sodium hypochlorite – liquid 3.5% 1 part bleach to 2.5 parts
bleach water
Sodium hypochlorite – liquid 5% 1 part bleach to 4 parts
water
NaDCC (sodium dichloro- 60% 17 grams to 1 litre water
isocyanurate) powder
NaDCC (1.5 g/ tablet) – tablets 60% 11 tablets to 1 litre water
Chloramine – powder 25% 80 g to 1 litre water
Bleaching powder 70% 7g to 1 litre water
Lysol for disinfection - 2.5% Lysol (1 litre of Lysol in
Lysol IP (50% Cresol and 50% 19 litres of water)
Liquid soap)
Page 6 of 6
MODIFIED ADVISORY TO JUDICIAL OFFICERS, COURT

STAFF OF ALL THE COURTS AND THE STAFF IN
GOVERNMENT ADVOCATES’/PROSECUTOR’S OFFICE
June 10, 2020
BASIC PROTECTIVE MEASURES AGAINST THE COVID-19

DURING THE COURT HOURS IN COURT PREMISES
A) The Covid-19 is a pandemic and it requires to be contained.

There are several measures which can be adopted by Judicial
Officers, staff of High Court and District Judiciary to get
protected from being infected by Covid-19 during office visit,
some of which are mentioned below:
1. Use of masks in the precincts of the Courts is compulsory.

Do not move out of the house without wearing a proper
mask. The mask should be proper and clean. Official
guidelines are available on social media to make proper
mask at home. After entering office, wash your hands with
liquid soap. Frequently clean your hands by using an
alcohol based hand rub product like gel or sanitizer or wash
your hands with alkaline soap and water.
2. Avoid close contact with anyone and maintain at least 6

feet distance between yourself and any other persons in
the office. (Maintain all the norms of social Social
Distancing).
3. Avoid touching eyes, nose and mouth.
4. Practice good respiratory and personal hygiene.
5. Do not shake hands with anyone.
6. Do not participate in gatherings including sitting in groups

at any place.
7. Use hand gloves while dealing with office files/case files.
8. It is advisable while in the precincts of the Court, all the staff

members must follow Standard Operating Procedure (SOP)
dated 4th June, 2020 relating to offices published by the
Government of India. Further, it is to be noted that spitting in
any place of the Court premises is completely prohibited.
1
9. While in the premises of the Court, the staff shall not socialise
and share or exchange food and other eatables.
10. All the staff members, while consuming food and other
eatables, shall strictly follow social distance.
11. It is advisable to download Aarogya Sethu App to ascertain the

Corona infected persons around you. Make self assessment
every day. You have dry cough, cold, throat irritation or
temperature, do not go to workplace and contact a doctor.
12. As far as possible, while moving out of your house, always

carry a small hand sanitizer bottle with you all along and
frequently use it.
B) Apart from that, you are also requested to adopt certain

protective measures while going back home from office or
from market after buying grocery/medicines, which are as
under:
1. Ring up home before you leave the office or inform the time
of reaching home in advance.
2. Someone at home should keep the front door open (so that
you don't have to touch the calling bell or door handle) and
a bucket of hot water with washing soap powder or
bleaching powder added to it in the front door.
3. Keep things (keys with you, sanitizer bottle, and phone) in a
box outside the door.
4. Wash your hands in the bucket and wash your feet. Use
tissue paper or a clean piece of cloth by putting sanitizer and
wipe the items you have placed in the box. The used tissue
papers should be disposed of properly. If a clean piece of
cloth is used, it should be properly washed as indicted in
clause 7.
Then enter the house without touching anything.
5. The bathroom door shall be kept open by and a bucket of
hot detergent soap water be kept ready. Soak your clothes
used outside in the bucket.
6. Then take a head bath with shampoo and body bath with
soap,
7. Wash your clothes/put in washing machine with high
temperature settings and dry clothes in direct sunlight.
8. Practice Yoga and Pranayama or do some other good
exercise at home.
C) The Government of India has issued Standard Operating Procedures

(SOPs) containing various precautions to be taken while visiting
2
places of worship/shopping malls/restaurants/theatres etc., Copies
of the SOPs are enclosed herewith. It is very important for all those
who are connected with the judiciary to strictly follow the safety
norms and measures incorporated in the SOPs. It is necessary to
remember that the failure to follow the said norms and measures
may indirectly result in disrupting the functioning of the Courts.
Moreover, while travelling by public transport, all possible care
should be taken by observing the norms laid down in SOP issued by
BMTC or other public transport undertakings. It is imperative for
those who travel by public transport to wash their hands and face by
soap before entering the actual place of work and before
commencing the work.
Note:
a) Please remember that you are not only responsible for

your own safety, but also for the safety of your family
and your colleagues at your workplace. Please note
that if you do not take necessary precautions, the others may
suffer.
b) The safeguards suggested above are not exhaustive.

In addition to the above safeguards, you may follow
other safeguards as well.
Sd/-
Registrar General

New Sop Karnataka High Court

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HIGH COURT OF KARNATAKA

Dated: July 24, 2020

NEW STANDARD OPERATING PROCEDURE (SOP) –

2. Only hearing of oral arguments is permitted in physical presence of

5. Subject to further orders of the High Court, in addition to the hearing

6. Evidence shall be recorded only by video conferencing, except for

7. It shall be ensured that at no point of time, the persons present in the

13. Weekly schedule of sittings of Judges shall be prepared in advance

15. As far as possible, only 50% of Group-C employees shall be put on

17. In case of recording of compromise of the matter between the parties,

18. As regards, Industrial Tribunals and Labour Courts, the authorized

b. Advocates/Parties-in-person/Advocates’ Clerks shall not be

c. Para-legal volunteers will be deputed near the filing counters

d. The officials deputed to work in filing counters will be

e. The officials in the filing counter will insist the

f. Only the new cases wherein application / memo has been

g. After scrutiny, intimation shall be sent to the concerned,

22. Applications/copying applications along with necessary payment/

27. Specified time shall be allocated for acceptance of sureties, execution

29. Applications seeking exemption from personal appearance of the

34. The concerned Principal District Judge shall constitute a Committee of

38. In respect of physical presence of the parties to record compromise in

41. The notaries/oath commissioners shall be provided with separate

42. Judges may use masks while sitting on Dais.

43. Any infraction or non-cooperation in implementation of the guidelines

44. The reference to ‘Principal District Judge’ shall include Principal

“5. Faced with the unprecedented and extraordinary

BY ORDER OF HON’BLE THE CHIEF JUSTICE

1. Notice regarding of e-filing – District Court-dated 30.03.2020.

2. Advisory-Note- dated 21.04.2020

3. Notification dated 16.04.2020 - closure of all Dist & Trial Courts

4. Notification permitting Physical Filing in 15 Districts - dated 16.05.2020

5. District-Judiciary-Dress-Code-Circular dated 16.05.2020

6. Model Rules for Video Conferencing for Courts – dated 04.5.2020

7. Process flow of Khajane-II

9. Order dated July 10, 2020, in W.P.No.7338 of 2020.

10. Advisory in respect of COVID-19 issued by Health Department.

Sl.No. District email-id-1 email-id-2

1 Bagalkot [email protected] [email protected]

2 Ballari [email protected] [email protected]

3 Belagavi [email protected] [email protected]

4 Bengaluru Rural [email protected] [email protected]

5 Bengaluru Urban [email protected] [email protected]

6 Bidar [email protected] [email protected]

7 Chamarajanagar [email protected] [email protected]

8 Chikkaballapur [email protected] [email protected]

9 Chikkamagaluru [email protected] [email protected]

10 Chitradurga [email protected] [email protected]

11 Dakshina Kannada [email protected] [email protected]

12 Davanagere [email protected] [email protected]

13 Dharwad [email protected] [email protected]

14 Gadag [email protected] [email protected]

15 Hassan [email protected] [email protected]

16 Haveri [email protected] [email protected]

17 Kalaburagi [email protected] [email protected]

18 Kodagu [email protected] [email protected]

20 Koppal [email protected] [email protected]

21 Mandya [email protected] [email protected]