VIJAYKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed seeking to set aside the order dated 04.06.2011 passed by the Fast. Track Court II, Koppal in S.C. No. 51/2010, wherein the learned Session Judge has allowed the application filed by the prosecution under Section 319 Cr.P.C. and has ordered for issuance of summons to the petitioners with a direction to add them as accused Nos. 2 to 4 in the said case. Originally on the basis of the complaint of one Shivalingappa, a case in Crime No. 32/2010 was registered in the Alvadi Police Station for the offences punishable under Section 302 read with Section 34 of IPC. In the said complaint, the complainant has stated that the son of the complainant by name Ravi was doing agricultural work and on 22.05.2010, he was asked by the complainant to go to the house of Vijaykumar for asking about the agricultural operations at about 5.00 p.m. Since the said Ravi did not come to the house, the complainant started asking about his whereabouts. The complainant got an information through phone that his son Ravi has gone to the house of Vijaykumar and was found inside the house of Vijaykumar and was having illicit relationship with the wife of Vijaykumar. It is further informed to him that the people of the village have locked both of them inside the house and that the accused No. 1 was holding weapon and was declaring that he would commit murder of both of them. On hearing the said information, he went to the scene of occurrence and requested the accused to release his son. Immediately thereafter the Police came to the scene of occurrence and the Police have promised him that they would get his son safely and that he can go back to his house. Accordingly, he came back to his house. Thereafter, the accused informed the people who are gathered there that they will not cause any harm to the son of the complainant. The police opened the door of the house. It is stated that the accused No. 1 along with the petitioners herein entered the house with the weapons like sickle and axe and caused the murder of his son Ravi.

(2.) On the basis of the said information, the case was registered against the accused Vijaykumar, Gavisiddappa, Basavaraj and Kotrappa who are the sons of Shantamma Gaddad. On completion of the investigation, the Police have filed the charge sheet against the accused Kotrappa and have omitted to file charge sheet against the petitioners on the ground that the evidence against them is not sufficient. The prosecution was commenced against accused Kotrappa and on the committal of the case to the Court of Sessions the prosecution examined in all 24 witnesses and on conclusion of the evidence of 24 witnesses, the learned Public Prosecutor before the trial Court filed an application under Section 319 of Cr.P.C. praying that in view of the evidence of PW18-Shivalingappa Sidnakoppa, PW19-Neelappa Nadiger and PW21-Hanumappa Kukanur, the presence and participation of these petitioners in the commission of the offence is made out from the evidence of the said witnesses and therefore, they may be summoned to answer the charge under provisions of Section 319 of Cr.P.C.

(3.) The learned Sessions Judge by the order dated 04.06.2011 has directed that the petitioners be summoned along with the accused already present to face the trial. It is the said order of the learned Sessions Judge, which has been challenged by the petitioners.