K M ANANTHARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present criminal revision petition has been preferred by the petitioner/accused Nos.1 to 6, challenging the order dated 11.02.2014 passed in S.C.No.256/2010 by the learned 1st Additional District & Sessions Judge, Tumkur. Where under an application filed under section 227 of Cr.P.C. by accused Nos.1 to 6 which came to be rejected.

(2.) I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.

(3.) The brief facts of the case are that a complaint came to be registered at the instance of K.T.Thimmaiah @ Puttaraju, alleging that his 2nd daughter was given in marriage with petitioner/accused No.1, as he was in love with deceased and six months after their marriage, petitioners/accused Nos.1 to 4 started harassing and illtreating the deceased to bring dowry and in this behalf panchayath was also held several times and at that time, it was decided to give amount after selling Sugarcane. Further it is alleged in the complaint that on 06.08.2010, the deceased was ill-treated again for the same reason and the accused persons were advised and pacified the said quarrel and thereafter, his daughter (deceased) went to the house and she committed suicide by hanging with her saree in a room. On the basis of the said complaint, a case was registered under Section 498 (A), 304 (B) read with Section 34 of I.P.C. After investigation, charge sheet was laid as against accused Nos.1 to 4. Thereafter, the prosecution has examined P.Ws.1 to 27 and statement of accused Nos.1 to 4 also came to be recorded under Section 313 of Cr.P.C and the case was posted for defense evidence of D.Ws.1 & 2 i.e., present petitioner Nos.5 & 6, came to be examined on behalf of accused and after the said evidence, the learned Public Prosecutor has filed an application under Section 319 Cr.P.C to arraign petitioner Nos.5 and 6 as accused Nos.5 and 6 and one more application also came to be filed under Section 216 of Cr.P.C. to add Section 363 of I.P.C. Subsequently, a memo was also filed to include the offence under Section 306 of I.P.C. as against accused Nos.1 to 4. and the said application also came to be allowed by the trial Court and at that time, accused Nos. 1 to 6 filed an application under Section 227 of Cr.P.C. to discharge them for the offence punishable under Section 363 and said application was seriously contested by the learned public prosecutor and after hearing the parties, Court below by order dated 11.02.2014, dismissed the said application. By assailing the same, the petitioners/accused are before this Court in this petition.