H B PRAKASH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These three petitions have been filed by accused No.1, 3, 4, 5, 6, 8, 9, 10, 11, 12, 25, and 27 challenging order dated 21.04.2018, passed by the Additional Civil Judge and JMFC, Mandya, in C.C.No.380/2009, whereby the learned Magistrate has committed the said criminal case to the Court of learned Sessions Judge, Mandya.

(2.) Heard Shri B.T.Ventakesh, learned advocate for the petitioners, Shri S.Rachaiah, learned HCGP for the State and Ms.B.V.Vidyulatha, learned advocate for respondent No.2.

(3.) Briefly stated the facts of the case are, respondent No.2, Basavaraju filed a complaint in Mandya West Police Station, stating inter alia that a furious mob which was protesting against Congress leader Shri G.Madegowda, on an assumption that he was responsible for the defeat of a rival candidate Shri D.C.Thammanna, hurled stones and manhandled Shri G.Madegowda. Police registered FIR No.255/2008 alleging commission of offences punishable under various Sections of Indian Penal Code. After investigation, charge sheet was filed in C.C.No.380/2009 against 24 accused persons out of 34, for offences punishable under Sections 143, 145, 146, 147, 188, 323, 427, 448, r/w 149 of IPC and Section 2(b) of Prevention of Destruction and Loss of Property Act, 1981. Thus, ten persons named in the FIR were dropped. Complainant filed a protest petition before the trial Court seeking addition of remaining ten persons also as accused; and to include Section 307 of IPC in the charge sheet. On 12.03.2010, the learned Magistrate ordered to include the proposed accused and Section 307 of IPC in the charge sheet.