IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION NO.2163 OF 2017 Between:
1. Munianjinappa, S/o late Ramaiah, Aged about 60 years, 2. Prasad, S/o Munianjinappa, Aged about 30 years, Both are residents of Appegowdanahalli Village, Sidlaghatta Taluk, Chikkaballapura District – 562 102. …Petitioners (By Shri. Nanje Gowda T.V., Advocate) And:
1. The State of Karnataka, By Chikkaballapura Rural Police Station, Chikkaballapura – 562 102.
Represented by State Public Prosecutor, High Court Building Complex, Bengaluru – 560 001.
2. Sri. Munireddy, S/o late Chikkamuniyappa, Aged about 46 years, Resident of Thummanahalli Village, Sidlaghatta Taluk, Chickkaballapura District – 562 105. …Respondents (By Shri. Sandesh J Chouta, SPP – II for R1) ---
This Criminal Petition is filed under Section 482 of Cr.P.C. praying to a) quash the order issuing notice to the petitioners on the application filed under Section 319 of Cr.P.C. by prosecution in S.C.No.136/2014 pending on the file of I Addl. Sessions Judge, Chikkaballapura. b) quash the proceedings against the petitioners in S.C.No.136/2014 pending on the file of I Addl. Sessions Judge, Chikkaballapura.
This Petition coming on for admission this day, the Court made the following:-
O R D E R The petitioners are sought to be arraigned as accused Nos.3 and 4 in a circumstance where accused No.1 who was said to be a labourer working under the present petitioner and against whom it is alleged that he was responsible for his wife’s death who was found hanging and a case of unnatural death of having been reported it is suspected that the death was on account of accused No.1 and it is stated that at the trial during the course of evidence an application under Section 319 of the Code of Criminal Procedure having been filed the present petition is filed on having received notice of the said application. It is always open for the petitioners to appear before the court below and demonstrate that no earthly connection could be made out in respect of the incident and the petitioners and therefore would be absolved of any such for the petitioners being arraigned as accused Nos.3 and 4. In that view of the matter, the petition is disposed of without prejudice to the case of the petitioners.
Sd/- JUDGE ykl