ASHA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, Mr. Hasmath Pasha and Mr. Rachaiah, learned HCGP representing the State.

(2.) The present petition is filed under Sec. 397, Cr.P.C. by the petitioners who are arrayed as additional accused Nos. 3 to 6 in a criminal case in S.C.2/13. The respondent police have filed charge sheet against accused Nos. 1 and 2 for the offences punishable under Ss. 498A, 304B read with Sec. 34, I.P.C. and Ss. 3 and 4 of the Dowry Prohibition Act, 1961. These petitioners had been shown as accused in the first information and after conclusion of investigation, they were not sent up for trial by the I.O. in the charge sheet filed.

(3.) Case came to be committed to the sessions court after submission of charge sheet against accused Nos. 1 and 2 for the above offences. The examination in chief of CW -1, Venkatesh is recorded and he is examined as PW -1. On the basis of his examination -in -chief, the learned public prosecutor chose to file an application in terms of Sec. 319, Cr.P.C. seeking permission to array these petitioners as additional accused.