SIDDAPPA AND ANOTHER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) FIR in Crime No. 39 of 2008 was registered by the Haveri Town Police, against the petitioners, on a complaint filed by Basavaraj, S/o Puttappa Gorappanavar, alleging commission of the offence punishable under Sections 323, 504 and 506 read with Sec. 34 of Indian Penal Code, 1860.

(2.) The matter was investigated and charge-sheet was filed against the petitioners, arraigned as the accused 1 and 2 in CC No. 388 of 2008, for the offences punishable under Sections 114,323,504 and 506 read with Sec. 34 of IPC. Charges was framed and the accused having denied the charges and claimed to be tried, during the trial, prosecution has examined the witnesses including the Investigation Officer.

(3.) On 18-11-2013, learned Assistant Public Prosecutor filed an application, under Sec. 216 of Criminal Procedure Code, 1973, for alteration of charges and for framing of additional charges for the offences punishable under Sections 451 and 355 read with Sec. 34 of IPC. The accused filed their objections to the said application on 4-1-2015. Learned Magistrate having allowed the application on 11-6-2015, this petition was filed to set aside the said order.