IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.252/2018 BETWEEN:
1. CHAITRA S W/O VINAY K.S.
AGED ABOUT 25 YEARS R/AT NO.131/3 KARIYANA PALYA RAMACHANDRA LAYUOT 6TH MAIN, 6TH CROSS LINGARAJAPURAM BENGALURU - 560 084.
2. LAKSHMI W/O SRINIVAS AGED ABOUT 28 YEARS R/AT "SRI MARUTHI NILAYA" 465, 4TH CROSS, BELLANDUR POST BENGALURU - 560 103.
3. SRINIVAS AGED ABOUT 38 YEARS R/AT "SRI MARUTHI NILAYA" 465, 4TH CROSS, BELLANDUR POST BENGALURU - 560 103.
4. VINAY K.S.
S/O SRINIVASA REDDY AGED ABOUT 33 YEARS RESIDIN AT NO.131/3 KARIANAPALYA RAMANCHANDRA LAYOUT 6TH MAIN, 6TH CROSS LINGARAJAPURAM, BENGALURU - 560 084.
.. PETITIONERS (BY SRI. K. GOVINDARAJ ON BEHALF OF SRI. NEHRU P., ADVOCATE) AND:
1. STATE REP BY THE STATION HOUSE OFFICER ELECTRONIC CITY P.S BENGALURU - 560 100.
2. MANJULA W/O SADASHIVA REDDY NO.140, MYLASANDRA BEGUR HOBLI BENGALURU - 560 068.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIAH., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED:13.04.2017 PASSED BY THE LEARNED CJM, RURAL COURT, BANGALORE IN C.C.NO.6357/2014, ORDERING TO SEND NOTICE TO THE PETITIONERS MAKING THEM PROPOSED ACCUSED AND SUBSEQUENT ORDER DATED:31.10.2017, PASSED BY THE LEARNED VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN CRL.REV.PET.NO.43/2017.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Sri. K. Govindaraj, learned Advocate appearing on behalf of Sri. P. Nehru for petitioners and Sri. S. Chandrashekaraiah, learned HCGP appearing for first respondent-State. Perused the records.
2. Petitioners who were arraigned as accused Nos. 2 to 5 were able to persuade the trial Judge to discharge them by order dated 09.02.2016 and case was proceeded against accused No.1 alone. However, during the course of trial prosecution has filed an application under Section 319 of Cr.P.C. to add petitioners herein as accused Nos.2 to 5. On said application being filed, notice came to be issued to petitioners by learned trial Judge on 13.04.2017. Being aggrieved by the same, revision petition came to be filed in Crl.R.P.No.43/2017 and learned Sessions Judge has noticed that said trial Judge is yet to consider the application and issuance of notice on the proposed accused would not amount to allowing the application and as such has rejected the revision petition by order dated 31.10.2017. Hence, this petition.
3. Prosecution cannot be prevented from filing an application under Section 319 of Cr.P.C. It is for the learned trial Judge to examine as to whether prosecution has made out case to allow the said application or not. Notice has been ordered on the said application for hearing the petitioners and as such it would be open for the petitioners herein to urge all such grounds to resist the prayer of prosecution. It would also be open for the petitioners to file objections to said application and persuade the learned trial Judge to reject the same by raising all grounds as may available to them including the fact of bringing to the notice of trial Judge the order of discharge which was already passed on 9.2.2016. Hence, learned revisional Judge has rightly dismissed the revision petition and there is no infirmity in the order dated 13.01.2017 and by reiterating what has been stated by the learned Sessions Judge, this Court further directs the trial Judge to consider the application filed under Section 319 Cr.P.C by the prosecution not only by considering the averments made in the said application, but also objections that may be filed by the petitioners, if not already filed and also taking into account all other relevant material which may be placed by petitioners including the order of discharge dated 9.2.2016 and pass orders on the said application independently.
No grounds are made out to entertain this petition. Hence, petition stands rejected subject to observations made hereinabove. It is needless to state that appearance of petitioners-proposed accused Nos.2 to 5 shall not be insisted by the learned trial Judge till disposal of application filed under Section 319 Cr.P.C.
SD/- JUDGE RU