IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9014/2018 BETWEEN:
1. Nanjegowda S/o late Kulla Nanjegowda, Aged about 70 years, 2. Smt. Jayamma W/o Nanjegowda, Aged about 56 years, Both are R/at Bookanakere Village, K.R. Pet Taluk, Mandya District – 571 426.
3. Smt. Asha W/o Jnanesha, Aged about 42 years, R/at Kyathanahalli Village, Chinakurali Hobli – 571 427, Pandavapura Taluk, Mandya District.
...Petitioners (By Sri. P. Mahesha, Advocate) AND:
The State of Karnataka By K.R. Pet Rural Police, Represented by S.P.P., High Court of Karnataka, Bengaluru – 560 001.
... Respondent (By Sri. H.S. Chandramouli, SPP for respondent; Sri. S. Rajashekar, for Applicant) This Criminal Petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioners in Crime No.301/2018 of K.R. Pet Rural Police Station, Mandya District for the offence punishable under Sections 498A, 302 read with 34 of IPC and Sections 3, 4 of D.P. Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R After hearing the learned counsel for the petitioners and learned SPP for sometime, it is submitted that the present petition has been filed at an initial stage. At that time, the charge sheet was not yet filed. Now the learned counsel for the petitioners has made available the charge sheet material and already the charge sheet has also been filed.
2. Under such circumstances, I feel it is just and proper without going into the merits of the case, liberty may be given to the petitioners/accused Nos.1, 3 and 4 to approach the learned District Judge by filing a fresh application and adjudicate their rights in accordance with law. The learned District Judge is also directed to expedite the matter.
With the above observation, the petition is disposed of.
Sd/- JUDGE UN