Karnataka High Court
Sri Ananda Gowda vs State Of Karnataka By on 3 April, 2018
Equivalent citations: AIRONLINE 2018 KAR 2474
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF APRIL, 2018
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL REVISION PETITION NO.338/2018
BETWEEN:
1 SRI ANANDA GOWDA
@ ANANDAPPA
S/O SIDDE GOWDA
AGED ABOUT 45 YEARS
2 SMT.VEENA
W/O ANANDA GOWDA
@ ANANDAPPA
AGED ABOUT 40 YEARS. ... PETITIONERS
BOTH ARE R/A NO.42,
2ND MAIN ROAD, KURUBARAPETE
KOLAR-563 101
(BY SRI NANJUNDEGOWDA M.R. ADVOCATE)
AND:
STATE OF KARNATAKA BY
BETHAMANGALA POLICE
KGF
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU 560 001 ... RESPONDENT
(BY SRI CHETHAN DESAI, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 R/W 401 CR.P.C. PRAYING TO SET
2
ASIDE THE ORDER DATED 16.03.2018 PASED ON THE
APPLICATION FILED U/S 319 CR.P.C. IN S.C.NO. 129/2016
ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS
JUDGE, KOLAR (SITTING AT K.G.F).
THIS CRIMINAL REVISION PETITION COMING ON
FOR ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Though matter is listed for orders, by consent of learned Advocates appearing for parties, it is taken up for final disposal.
2. In the criminal proceedings initiated by Bethamanagala Police in Crime No.42/2015 against one Smt. Veena and three others for the offence punishable under Sections 307, 323, 324, 504 read with Section 34 of IPC resulted in filing of charge sheet and committal to the jurisdictional Sessions Court. During the course of trial, an application under Section 319 Cr.P.C has been filed by the prosecution to add petitioners as accused persons, since jurisdictional police had dropped prosecution against accused Nos. 2 & 4. 3 Learned Sessions Judge has allowed the said application which is under challenge in the present revision petition.
3. This Court and Hon'ble Apex Court have consistently held that when the jurisdictional investigating officer has dropped the accused persons on the ground that there are no material against them for being proceeded and if they are subsequently being added as accused, they are required to be notified before being so arrayed as accused. For this proposition of law, judgment of the Hon'ble Apex Court in the case of JOGENDRA YADAV & OTHERS vs STATE OF BIHAR reported in AIR 2015 SC 2951 and judgment of this Court in the case of SMT.ASHA SOMASHEKAR & OTHERS vs. STATE OF KARNATAKA reported in (2016)4 A.K.R 392 can be looked up, whereunder it has been held, the Court has to take extra caution to satisfy itself that strong evidence exist against a person for summoning him as accused who had been dropped in the charge sheet and 4 before adding a person as accused, he should be extended an opportunity.
4. In the instant case, undisputedly, jurisdictional police had dropped the petitioners who were initially arraigned as accused Nos. 2 and 4 in the FIR and subsequently prosecution has filed an application under Section 319 Cr.P.C to add petitioners as accused persons contending these purposes were initially arrayed as accused No.2 and 4 in the FIR registered in Crime No.42/2015 but charge sheet is filed only against accused Nos.1 and No.3 and C.W.1 to C.W.3 have stated in their evidence about the acts of accused No.2 and No.4 and as such they are to be added as accused. The learned Sessions Judge without notifying the petitioners on the application in question has allowed the same. Same being contrary to the principles enunciated in the judgments noted hereinabove. Order passed by the learned Sessions Judge cannot be sustained.
5Hence, I proceed to pass the following:
ORDER
1) Criminal Revision Petition is hereby allowed.
2) Order dated 16.03.2018 passed on the application filed under Section 319 Cr.P.C., by III Additional District and Sessions Judge, Kolar (sitting at K.G.F.) in S.C.No.129/2016 is hereby set aside and application filed by the prosecution under Section 319 Cr.P.C is restored to the file of III Additional District and Sessions Judge, Kolar (sitting at K.G.F.) with a direction to dispose of the said application in accordance with law, keeping in mind the observations made hereinabove.
3) Since petitioners have already appeared before this Court and being aware of the application filed under Section 319 Cr.P.C.
by the prosecution they are directed to appear before III Additional District & 6 Sessions Judge, Kolar (sitting at K.G.F.) on 07.05.2018 without waiting for further notice from said Court.
SD/-
JUDGE *sp