IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE:
THE HON’BLE MRS.JUSTICE K.S.MUDAGAL CRIMINAL REVISION PETITION No.1015/2017 BETWEEN:
1. SRI VIRUPAKSHAPPA AGED ABOUT 50 YEARS R/OF, SOMASAGAR VILLAGE HANAGAL TALUKA HAVERI DISTRICT – 581 104.
2. SRI DEVARAJ AGED ABOUT 42 YEARS S/O SHEKAPPA HADIMANI R/OF, SHAKUNAVALLI VILLAGE SORABA TALUKA SHIMOGA DISTRICT – 577 419.
3. SRI PRAKASH AGED ABOUT 39 YEARS S/O SHEKAPPA HADIMANI R/OF, SHAKUNAVALLI VILLAGE SORABA TALUKA SHIMOGA DISTRICT – 577 419.
…PETITIONERS (BY SRI PRABHUGOUD B.TUMBIGI, ADVOCATE) AND:
STATE OF KARNATAKA BY ANAVATTI POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.
…RESPONDENT (BY SRI K NAGESHWARAPPA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 12.06.2017 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA IN S.C.No.249/2013 AND CONSEQUENTLY REJECT THE APPLICATION FILED BY THE RESPONDENT THEREIN U/S 319 OF CR.P.C.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition arises out of order dated 12.06.2017 passed by the II Additional District and Sessions Judge, Shivamogga in S.C.No.249/2013, Anavatti Police, charge sheeted accused Nos.1 to 5 namely Ashoka, Suresha, Ajjappa, Shivamurthyappa and Mahalingappa.
2. First petitioner was shown as 6th accused in the FIR but while filing charge sheet he was dropped. On committal of the matter to the Sessions Court, the case is registered in S.C.No.249/2013 against accused Nos.1 to 5.
3. Before the Sessions Court, the prosecution filed application under Section 319 of Cr.P.C to summon the petitioners as additional accused. The Sessions Court without issuing notice of the application to the proposed accused considered the application and allowed the same by the impugned order.
4. Learned counsel for petitioners relying upon the Judgment of this Court in the case of Asha and others Vs State of Karnataka reported in LAWS (KAR)-2016-3-129 contends that since the petitioners were not heard in the matter before arraying them as additional accused, the impugned order suffers from illegality and impropriety.
5. Learned HCGP submits that the matter may be remitted to the Trial court for reconsideration of the application on hearing the revision petitioners.
6. Having regard to these facts and submissions, Revision Petition is allowed. Impugned order dated 12.06.2017 passed in S.C.No.249/2013 by the II Additional District and Sessions Judge, Shivamogga is hereby set aside. Matter is remanded to Trial court. Trial court shall hear the petitioners on the application under Section 319 of Cr.P.C and dispose of the said application within three months. The parties shall co- operate for disposal of the application.
In view of the disposal of main petition, I.A.1/2017 does not survive for consideration and stands disposed of accordingly.
Sd/- JUDGE SBN