STATE OF KARNATAKA Vs. SANGAMESH

JUDGEMENT

(1.) The petitioner/Special Public Prosecutor appointed by the State in Special C.C.No.828 of 2018 is knocking at the doors of this Court calling in question an order dtd. 20/7/2024 passed by the LXXXI Additional City Civil and Sessions Judge, Bengaluru in Special C.C.No.828 of 2024 rejecting an application filed by the petitioner seeking to ask leading questions to CW-35 without declaring him hostile.

(2.) Facts, adumbrated are as follows;-

(3.) An application then comes to be filed by the prosecution under Sec. 319 of the Cr.P.C., seeking to bring back accused Nos. 1 to 5 into the array of accused to be tried for the aforesaid offences. This was challenged before this Court in Criminal Petition No.2832 of 2017 contending that the application filed by the prosecution was not maintainable. After the disposal of the petition pursuant to the direction of this Court, objections were considered and the application so filed by the prosecution to bring in accused Nos. 1 to 5 back into the web of trial comes to be allowed by order of the concerned Court on 21/1/2019. While so doing, the concerned Court observed that accused No.6 was deliberately brought in and accused Nos. 1 to 5 were deliberately given up. This order of the concerned Court dtd. 21/1/2019 has become final. The issue in the lis, at this juncture, is not with regard to the merit of the matter. The Special Public Prosecutor appointed by the State to prosecute Special C.C.No.828 of 2018 files an application before the concerned Court that he wants to examine CW-35, Investigating Officer and wants to put leading questions to him. This is considered by the special Court as it involved a former Member of the Legislative Assembly and rejects the application. The rejection of the application is what has driven the petitioner to this Court in the subject petition.