IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6682 OF 2013 BETWEEN:
1. Bokkegowda, S/o. late Bokkegowda, Aged about 72 years, Agriculturist, Resident of Manuganahalli Village, Bettadapura Hobli, Periyapatna Taluk, Mysuru District – 571 107.
2. Smt. Gowramma, W/o. Bokkegowda, Aged about 60 years, Resident of Manuganahalli Village, Bettadapura Hobli, Periyapatna Taluk, Mysuru District – 571 107.
3. Yogesh, S/o. Bokkegowda, Aged about 26 years, Resident of Manuganahalli Village, Bettadapura Hobli, Periyapatna Taluk, Mysuru District – 571 107.
4. Harish, S/o. Bokkegowda, Aged about 22 years, Resident of Manuganahalli Village, Bettadapura Hobli, Periyapatna Taluk, Mysuru District – 571 107. …Petitioners (By Sri. Rohith Gowda, Advocate) AND:
1. State of Karnataka, Represented by Bettadapura Police, Periyapatna Taluk, Mysuru District – 571 107.
2. Smt. Sudha W/o. Nagegowda, Aged 48 years, Resident of Manuganahalli Village, Haranahalli Hobli, Periyapatna Taluk, Mysuru District – 571 107. ...Respondents (By Sri.Vijaya Kumar Majage, Addl. SPP for R1; R2 – served and unrepresented) This Criminal Petition is filed u/s 482 of Cr.P.C., praying to quash the impugned order dated 02.08.2013 passed in C.C.No.486/2011 on the file of the Civil Judge & JMFC, Periyapatna, at Annexure – D, by which the trial Court has ordered to include the names of these petitioners in the above case as co-accused.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioners are aggrieved by the order passed by the learned Civil Judge & JMFC at Periyapatna in C.C.No.486/2011 whereby the petitioners herein are sought to be prosecuted as co-accused under Section 319 of Cr.P.C.
2. The said order is passed based on the statement given by the complainant/respondent No.2 on oath that she has been assaulted and abused by the petitioners herein. The allegations prima-facie attract offence punishable under Section 498A of IPC. Therefore, I do not find any error or illegality in the order passed by the trial Court warranting interference by this Court.
Hence, petition is disposed of in terms of the above order.
Further having regard to the fact that the petitioners herein are senior citizens and are aged more than 60 years, the trial Court is directed to expedite and conclude the trial as expeditiously as possible, within an outer limit of six months from the date of communication of this order.
Sd/- JUDGE SV