P SAKRAPPA @ BASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 397 read with Section 401 of Code of Criminal Procedure requesting the Court to set aside the order passed by the learned Sessions Judge, Ballari in Sessions Case No.73/2014.

(2.) The petitioner was charge-sheeted for the alleged offence under Section 376 of the Indian Penal Code. When the matter was posted to hear before framing charge, the present petitioner filed an application under Section 227 of the Code of Criminal Procedure seeking his discharge from the proceedings. The prosecution opposed the said application by filing the objection statement. After hearing the applicant/accused as well as the prosecution, ultimately, the Trial Court by passing the order dated 30th September 2015, rejected the application holding that there is prima facie material for framing charges against the present petitioner/accused. Being aggrieved by the said order the petitioner/accused is before this Court.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned Government Pleader for the respondent-State.