IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO. 1774/2019 BETWEEN :
Sri. Khaleelulla S/o. Wazeed Aged about 28 years Mechanic by Occupation Makarahalli Village Tekal Hobli Malur Taluk Kolar Dist. – 563 137. … PETITIONER (By Sri. M.R. Nanjunda Gowda, Adv., ) AND :
1. State of Karnataka by Masthi Police Represented by State Public Prosecutor Bengaluru – 560 001.
2. Kumari Munasira Sultana D/o. Shek Babu @ Akram Babu Aged about 21 years Makarahalli Village Tekal Hobli Malur Taluk – 563 137. … RESPONDENTS (By Sri. R.D. Renukaradhya, HCGP, for R-1 Sri. Naveed Ahmed, Adv., for R-2) ---
This Criminal Petition is filed under Section 482 Cr.P.C. with a prayer to set aside the order dated 06.02.2019 and allow the application filed under Section 45 of the Evidence Act and direct the II Additional Sessions Judge, Kolar in S.C. No. 144/2015 to refer the blood of the victim child and petitioner and etc.
This Criminal Petition coming on for Admission this day, the Court passed the following;
O R D E R Petitioner has prayed for following reliefs.
I. Call for LCR in S.C. No. 144/2015 on the file of the 2nd Addl. Sessions Judge, Kolar.
II. Set aside the order dated 06.02.2019 and allow the application filed under Section 45 of the Evidence Act and direct the learned 2nd Addl. Sessions Judge in S.C. No. 144/2015 to refer the blood of the victim child and petitioner.
2. A perusal of the order dated 06.02.2019 reveals that there is no infirmity. Learned counsel for petitioner submitted that merely quoting wrong provision does not vitiate application filed by the petitioner. The Court below has observed as under:
This case was registered in the year 2015 and already the evidence of all the witnesses is completed and now the case is posted for defence evidence and at that time this application is filed. The application is filed u/s 45 of Evidence Act which reads as follows:
Opinion of experts.- when the court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art are relevant facts. Such persons are called experts.
On perusal of this provision, it does not relates to get the DNA expert opinion. Hence in my opinion the provision invoked to file this application is not proper and hence the application has no merits.
Hence the applications stands dismissed.
3. In view of the aforesaid observations in respect of rejection of application filed under Section 45 of the Evidence Act there is no infirmity. Accordingly, petition is dismissed reserving liberty to the petitioner to file an appropriate application in accordance with law.
LRS.
Sd/- JUDGE.