STATE OF KARNATAKA Vs. D. T. KRISHNEGOWDA

JUDGEMENT

(1.) These petitions call in question a solitary order. Criminal Petition No.7280 of 2022 is preferred by the respondent/State and Criminal Petition No.274 of 2022 is preferred by the complainant. They call in question an order dtd. 17/12/2021, passed by the 4th Additional District and Sessions Judge, Hassan District at Channarayapatna, in S.C.No.81 of 2015 by which, the concerned Court rejects the application of the prosecution to bring in the 3rd respondent in Criminal Petition No.274 of 2022 as an accused for conduct of trial with respect to offences punishable under Ss. 307, 324, 504 and 506 of the IPC.

(2.) Heard Smt. Rashmi Jadhav, learned Additional State Public Prosecutor appearing for the petitioner in Crl.P.No.7280 of 2022 and respondent No.1 in Crl.P.No.274 of 2022; Smt. H.K. Shobha, learned counsel appearing for the respondent in Crl.P.No.7280 of 2022 and respondents 2 and 3 in Crl.P.No.274 of 2022. Sri K.C. Pratheep, learned counsel appearing for the petitioner/complainant in Crl.P.No.274 of 2022.

(3.) Facts, in brief, germane are as follows:- For the sake of convenience facts obtaining in Criminal Petition preferred by the complainant are narrated. A complaint comes to be registered on 2/7/2014 which becomes a crime in Crime No.99 of 2014 for offences punishable under Ss. 504, 324, 506, 307 r/w 34 of the IPC. The police conduct investigation and file a charge sheet. While filing the charge sheet, they drop accused No.2, one D.K. Harish. Trial goes on. On 13/3/2019 the prosecution witness No.1, the complainant is examined. While tendering herself for cross-examination it is deposed that the 3rd respondent/D.K. Harish who has been dropped while filing the charge sheet, also participated in the crime by assaulting the complainant and PWs-2 and 3 were the witnesses to the said incident. After examination of PWs-1 to 3, the prosecution files an application under Sec. 319 of the Cr.P.C., seeking to bring back the 3rd respondent into the web of trial as an accused. Objections were filed by the 3rd respondent. Considering the application and the objections, the concerned Court rejects the application filed by the prosecution to bring back the 3rd respondent as an accused for conduct of trial. It is this order dtd. 17/12/2021 that has driven both the complainant and the prosecution/State to this Court in these petitions.