TUKARAM NAGAPPA MUTNALE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed under section 397 read with section 401 of Cr.P.C., challenging the order dated 4.2.2020, passed in S.C.No.84/2017, on the application filed under section 319 of Cr.P.C. by the prosecution, allowing the same and to grant such other relief as deemed fit.

(2.) The factual matrix of the case is that, one Suresh Sadashiv Halakate had lodged a complaint on 7.9.2016 at about 7.45 p.m., suspecting that these petitioners and one Ravi have committed the murder and based on the said complaint, a case has been registered against them for the offence punishable under section 302 and 201 of IPC. The Investigating Officer has investigated the matter and while filing the charge sheet, only arraigned the said Ravi as accused and these petitioners were left out. The trial has been commenced and some of the witnesses have been examined before the trial Court. The witnesses who have been examined, particularly CWs.1, 11 and 15, in their evidence they have pointed out the role of these petitioners in committing the murder. The prosecution filed an application under section 319 of Cr.P.C. to implead these petitioners as accused and the same has been considered by the trial Court.

(3.) The main grounds urged in the revision petition are that, the trial Court without looking into the material available on record allowed the application and the trial Judge ought to have exercised its discretion with care and caution and the same has not been done. When the complainant and other witnesses while giving statement under section 161 of Cr.P.C. , have given goby to their allegations made in the complaint, implicating the petitioners subsequently during the trial , indicates that the petitioners are falsely implicated only to humiliate and harass the petitioners.