SRINIVASA, S/O. MUNIYAPPA Vs. THE STATE OF KARNATAKA, BY NANDAGUDI POLICE STATION, BANGALORE RURAL DISTRICT

JUDGEMENT

(1.) THIS petition is filed seeking to set aside the order dated 3.10.2011 passed by the II Addl. Sessions Judge and Special Judge, Bangalore Rural District, Bangalore, in Spl. Case No 48/2004.

(2.) IT is seen from the order passed that, earlier, charge sheet was filed for the offences under Section 306 read with 34 of the I.P.C. and Section 3(1)(x) of the SC and ST Act against the petitioners. Subsequently, after recording of evidence, the prosecution filed an application for converting the offence under Section 306 into one under Section 302 of the I.P.C., which application came to be allowed. A charge under Section 302 read with 34 of the I.P.C. was framed. After conclusion of the trial, the prosecution filed another application under Section 216 of the Cr.P.C. seeking to add the offence under Section 3(2)(v) of the SC and ST Act. The said application also came to be allowed.

(3.) IT is seen that the incident is dated 5.10.2002 and at the time "of filing of the charge sheet itself, the prosecution was aware that the complainant was a member of the schedule caste and an offence under Section 3(1)(x) of the SC and ST (PO) Act was also included at the time of filing of the charge sheet. The application, presently filed on 29.9.2011 by the prosecution, after a lapse of nine years from the date of the incident, is definitely an afterthought and intended to harass the petitioners. The application does not contain cogent reasons as to why an additional charge has to be framed. Under the circumstances, the order dated 3.10.2011 is an abuse of the process of the court and the same is hereby set aside.