IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1933/2019 BETWEEN:
MR. SHAMSHEER B.A S/O MR. HARIS AGED ABOUT 25 YEARS NELLI HUDIKERI NALVAITEKERE, SIDDAPURA VIRAJPETE TALUK KODAGU DISTRICT – 570 201.
(BY SMT. LEELA P. DEVADIGE., ADVOCATE SRI. A.K. SUBBAIAH., ADVOCATE) ... PETITIONER AND:
THE STATE OF KARNATAKA BY MADIKERI TOWN POLICE KODAGU DISTRICT REP. BY S.P.P. HON’BLE HIGH COURT HIGH COURT BUILDING BANGALORE – 560 001.
(BY SRI. S. RACHAIAH., HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:25.01.2019 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KODAGU MADIKERI IN S.C. NO.76/2017 AND DISMISS THE APPLICATION U/S 311 OF THE CRIMINAL PROCEDURE CODE FILED BY THE RESPONDENT-PROSECUTION.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Application filed by prosecution in S.C.No.76/2017 for summoning three additional witnesses having been allowed by impugned order dated 25.01.2019 by I Addl. District and Sessions Judge, Kodagu, Madikeri, has been called in question.
2. Heard the arguments of Smt. Leela P. Devadiga, learned counsel appearing on behalf of Sri.A.K.Subbaiah for petitioner and Sri.S.Rachaiah, learned HCGP appearing for respondent-State. Perused the records.
3. By impugned order learned trial Judge has rightly noticed that persons sought to be summoned are none other than eyewitnesses to the alleged incident. Hence, it has opined their presence is essential and their names were specifically mentioned at earlier point of time in the FIR itself and P.W.1 had also reiterated their presence at the spot during the examination in chief. In this background, Investigating Officer may not have properly recorded their statements. Hence, to unearth the truth, which is the ultimate goal of conducting trial to unearth truth, summons have been issued to these witnesses. Definitely petitioner would have right to cross-examine these witnesses. As such this Court finds there is no merit in this petition and it stands rejected.
SD/- JUDGE DR