LAWS(KAR)-2015-1-111

GANGADHARA Vs. THE STATE OF KARNATAKA

Decided On January 16, 2015
Gangadhara Appellant
V/S
The State Of Karnataka Respondents

JUDGEMENT

(1.) THIS revision petition is filed under Section 397 read with 401 of Cr.P.C. seeking to set aside the order dated 22/8/2014, passed by the learned Sessions Judge, Bellary, in SC No. 83/2014.

(2.) BRIEFLY stated, the petitioners herein along with the first accused were arrayed as accused persons in Crime No. 15/2014 registered by the Gudekote police station in respect of the offences punishable under Sections 363, 376, 506 read with 34 of IPC. After investigation, charge sheet is also filed. At the time of framing the charges submission was made on behalf of accused No. 1 that he had no objection to frame the charges. The petitioners herein being an accused Nos. 2 and 3, submitted that there is no material to proceed against them for the offences punishable under Sections 363, 376, 506 read with Section 34 of IPC. The learned Sessions Judge, after giving audience to rival submissions, passed the impugned order holding that 'there are sufficient grounds to proceed against accused Nos. 2 and 3 for the offence punishable under Section 506 of I.P.C."

(3.) LEARNED H.C.G.P. supports the view taken by learned Sessions Judge.