Umesh B M vs State of Karnataka - 2023 Supreme(Kar) 764

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 764

M. NAGAPRASANNA
Umesh B M – Appellant
Versus
State of Karnataka – Respondent

Advocates appeared:
Shiva Prasad S., Advocate, K.P. Yashodha, Advocate

JUDGMENT/ORDER

1. Heard Sri. Shiva Prasad S., learned counsel appearing for the petitioner and Smt. K.P. Yashodha, learned HCGP appearing for the respondent.

2. The petitioner is before this Court calling in question an order dtd. 6/8/2022 passed by the Hon'ble IX Additional District and Sessions Judge, Bengaluru rejecting the application of the petitioner filed under Sec. 311 of the Cr.P.C. seeking recalling of the PW-1 to PW-3 in S.C.No.354/2019, where the petitioner is facing the allegations for offence punishable under Sec. 302 of the Indian Penal Code (the 'IPC' for short).

3. Brief facts that leads the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:

The petitioner gets embroiled in crime No.137/2019 for the offence punishable under Sec. 302 of the IPC. The police after investigation filed a charge sheet for the aforesaid alleged offence under Sec. 302 of the IPC on 10/9/2019 and the case was then committed to the Court of Sessions on 4/10/2019. The issue in the lis is not with regard to the merit of the proceedings before the concerned Court in S.C.No.354/2019. It transpires that the evidence of the prosecution commenced on 4/