B. PANEESH KUMAR Vs. STATE

JUDGEMENT

(1.) FIR was lodged by second respondent alleging that Manjunath.P s/o C.D.Muralidhar against whom CC No.520/2011 was initiated by the complainant has been arraigned as accused No.4 in the said proceedings. It is further alleged that Manjunath.P had filed O.S.No.258/2011, wherein he has described himself as P.Manjunath s/o Puttaswamy R/o Hadajana Village, Varuna Hobli, Mysore Taluk and is also alleged that both the persons are one and the same and also alleged that he is also holding two Aadhar cards in the said names and thereby cheated the police department as well as the Court. It is also alleged that accused Nos.1 to 4 are subjecting him to cruelty mentally. The police after investigation filed a charge sheet against accused Nos.1 to 4 and also arraigned the present petitioner as accused No.5 on the basis of the voluntary statement of accused Nos.1 to 3 who have stated that on the advise of the petitioner-accused No.5 they have given false statement before the Court. Learned magistrate accepted the charge sheet and took cognizance for the offence under Ss. 419 and 420 read with Sec. 34 of IPC and issued summons. Taking exceptional case, the accused No.5 is before this Court.

(2.) Learned counsel appearing for the petitioner submits that petitioner has been arraigned as accused No.5 in the charge sheet only on the basis of the statement of the co-accused and in the absence of any corroborative material, the filing of the charge sheet against the petitioner-accused No.5 is without any substance.

(3.) On the other hand learned counsel for respondent No.2 and learned HCGP appearing for State would submit that accused Nos.1 to 4 have given false statement before the Court on the advise given by the petitioner-accused No.5 and the police have rightly filed the charge sheet against the petitioner-accused and the same cannot be faulted with and sought for dismissal of the petition.