IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4641 OF 2015 BETWEEN:
SRI H B HRISHIKESH S/O.LATE BASAPPA, AGED ABOUT 53 YEARS, BASAPPA HARDWARES, PRIVATE BUS STAND, SOMWARPET, KODAGU DISTRICT-561236. ... PETITIONER (BY SRI: R.D. PANCHAM, ADVOCATE) AND:
1. SRI A S MALLESH AGED ABOUT 44 YEARS, S/O.A.P.SHANKARAPPA, R/AT BASAWESHWARA ROAD, SOMWARPET, KODAGU DISTRICT-571236.
2. SRI B SANJEEVA S/O.BAABU POOJARI, AGED ABOUT 55 YEARS, R/AT RANGER BLOCK, SOMWARPET, KODAGU-571236.
3. SRI N S MURTHY S/O.R.SIDDAPPA, AGED ABOUT 59 YEARS, R/AT RANGER BLOCK, SOMWARPET, KODAGU-571236.
4. SMT LEELA NIRVANI W/O.OF B.S.NIRVANI, AGED ABOUT 59 YEARS, R/AT M.D.BLOCK, SOMWARPET, KODAGU-571236.
5. SMT H G NALINI GANESH W/O.H.D.GANESH, AGED ABOUT 47 YEARS, R/AT VALLABHAI ROAD, SOMWARPET, KODAGU-571236.
6. SRI M K CHENGAPPA S/O.KUSHALAPPA, AGED ABOUT 53 YEARS, R/AT ALEKATTE ROAD, SOMWARPET, KODAGU-571236.
7. SRI K G SURESH S/O.K.M.GURAPPA, AGED ABOUT 54 YEARS, R/AT BASAWESHWARA ROAD, SOMWARPET, KODAGU-571236.
8. STATE OF KARNATAKA REP. BY INSPECTOR OF POLICE, SOMWARPET POLICE STATION, SOMWARPET, KODAGU-571236. ... RESPONDENTS (BY SRI: ARUN SHYAM.M., ADVOCATE, FOR R1-R7 SRI: I.S. PRAMOD CHANDRA, SPP-II FOR R8) ---
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 20.04.2015, PASSED BY THE COURT OF THE PRL.S.J., KODAGU-MADIGKERI IN CRL.R.P.NO.6/2014 AND CONFIRM THE ORDER DATED 30.01.2014 PASSED BY THE COURT OF THE CIVIL JUDGE (JR.DVN.) AND JMFC, SOMWARPET, IN C.C.NO.449/2008 HAS FILED THE ABOVE CRL.P.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner is aggrieved by the order passed by the learned Principal Sessions Judge, Kodagu, Madikeri, dated 20.04.2015 in Criminal Revision Petition No.6/2014, wherein the order dated 30.01.2014 passed by the learned Civil Judge (Junior Division) and JMFC, Somwarpet, in C.C.No.449/2008, allowing the application filed by the prosecution under section 242 Cr.P.C., is set-aside.
2. Whether the documents which are not part of charge-sheet could be received in evidence for prosecution, after commencement of trial has been considered by this Court in B.L.UDAYKUMAR & Others vs. STATE OF KARNATAKA, 2018 Cri.L.J. 3925. By relying on the authorities on the point, this Court has ruled that such a course is available to the prosecution.
3. Following the said decision, the impugned order dated 20.04.2015 passed by the Court of Principal Sessions Judge at Kodagu, Madikeri in Criminal Revision Petition No.6/2014 is set-aside. The order dated 30.01.2014 passed by the learned Civil Judge and JMFC, Somwarpet in C.C.No.449/2008 is confirmed.
In view of disposal of the petition, I.A.No.1/2015 does not survive for consideration and the same is also disposed of.
Petition is allowed accordingly.
Bss Sd/- JUDGE