KARIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused no.2 u/S 439 of Cr.P.C. seeking to enlarge him on bail in connection with S.C. No. 21/2018 on the file of learned District & Sessions Judge, Koppal, registered for the offence punishable u/S 397 of IPC.

(2.) The substance of the complaint is extracted from the copy of the order passed by this Court in Criminal Petition No. 100253/2017 dated 14.03.2017.

(3.) Originally the case was charge sheeted for the offence punishable u/S 394 of IPC. The case was registered in Crime No. 70/2016 on 24.03.2018 for the offence punishable u/S 394 IPC and it was charge sheeted for the same offence. The present application is filed by the accused No.1-Sharanappa. However, accused No.3 had filed application seeking his enlargement on bail. This Court dismissed the said application on 14.03.2017 directing to dispose of the matter within a period of one year from the date of receipt of certified copy of the order. It is submitted that, after conclusion of the prosecution evidence, application came to be filed by the prosecution u/S 216 of Cr.P.C. for alteration of the charge to convert the provision of law pertaining to offence, i.e., from Sec. 394 of IPC to Sec. 397 of IPC. Both the Sections read thus: