KAVYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused Nos.4 and 5 under Sec. 482 of the Code of Criminal Procedure praying this Court to quash the order, dated 24.06.2017, passed by the I Additional District & Sessions Judge, Bagalkot, sitting at Jamakhandi, in C.R.P. No.47/2016 whereby the order, dated 26.05.2016, passed by the Principal Senior Civil Judge & JMFC, Jamkhandi, in C.C. No.34/2012 allowing the application filed under Sec. 319 of Crimial P.C. was confirmed.

(2.) I have heard the learned counsel for the petitioners/accused Nos.4 & 5, learned High Court Government Pleader appearing for respondent No.1-State, and learned counsel for respondent No.2-complainant.

(3.) The case alleged by the complainant is that there was a dispute between the complainant's family and the family of the accused in respect of easementary rights in an agricultural land. On 02.04.2012, Basavaraj Sindur-accused No.1 had dumped crushed stone on the way. When he was questioned, all the accused persons abused and assaulted the complainant. On the basis of the complaint, a case has been registered in Crime No.32/2012. Thereafter a chargesheet was laid as against accused Nos.1 to 3 and the case was dropped as against accused Nos.4 and 5. during the course of evidence, P.Ws.7 & 8 deposed stating the involvement of the petitioners/accused Nos.4 and 5. The learned Assistant Public Prosecutor filed an application under Sec. 319 of Crimial P.C. to implead the petitioner/accused Nos.4 and 5 as accused. The learned Magistrate, after considering the application and the evidence of P.Ws.7 and 8, has allowed the application. Against the said order a criminal revision petition was preferred and the same was confirmed. Challenging the same, the petitioners/accused are before this Court.