BASWARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners herein have challenged the order dated 19.01.2019 passed by the court of the Senior Civil Judge and JMFC, Bidar in C.C.No.253/2012, wherein the learned Magistrate has allowed the application filed under Section 319 of Cr.P.C by the prosecution to add the petitioners as accused in the case and issued summons to the petitioners herein.

(2.) Brief facts of the case are that on the basis of a compliant of one Siddramappa Nagashetty Patil dated 23.03.2012 an FIR was registered in Crime No.58/2012 for the offences punishable under Sections 143, 147, 323, 504 and 506 read Section 149 of IPC against eight persons including the petitioners herein. The police after investigation in the case have filed charge sheet against five accused persons and the name of the petitioners herein were left out at the time of filing the charge sheet. The charge sheet was filed for the offences punishable under Sections 143, 147, 323, 504 and 506 read with Section 149 of IPC. After filing of charge sheet, the case is now pending before the court of Senior Civil Judge and JMFC, Bidar in C.C.No.253/2012.

(3.) During the course of trial in the said case, the complainant Siddramappa was examined as PW.1 on 02.07.2018. In his examination-in-chief he has stated that the petitioners have also assaulted him along with other accused and caused injuries. Even before examination in chief of PW.1 was completed the learned APP has sought adjournment on the ground that he is required to file an application under Section 319 of Cr.P.C and accordingly further examination-in-chief of complainant PW.1 was adjourned and there afterwards on the application filed by the learned APP, the learned Magistrate has passed the impugned order allowing the said application and adding the petitioners as accused in the case and accordingly issued summons to them.