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M. NAGAPRASANNA
State Of Karnataka – Appellant
Versus
D. T. Krishnegowda S/o Late Thimmappa – Respondent
ORDER :
These petitions call in question a solitary order. Criminal Petition No.7280 of 2022 is preferred by the respondent/State and Criminal Petition No.274 of 2022 is preferred by the complainant. They call in question an order dated 17-12-2021, passed by the 4th Additional District and Sessions Judge, Hassan District at Channarayapatna, in S.C.No.81 of 2015 by which, the concerned Court rejects the application of the prosecution to bring in the 3rd respondent in Criminal Petition No.274 of 2022 as an accused for conduct of trial with respect to offences punishable under Sections 307, 324, 504 and 506 of the IPC.
2. Heard Smt. Rashmi Jadhav, learned Additional State Public Prosecutor appearing for the petitioner in Crl.P.No.7280 of 2022 and respondent No.1 in Crl.P.No.274 of 2022; Smt. H.K. Shobha, learned counsel appearing for the respondent in Crl.P.No.7280 of 2022 and respondents 2 and 3 in Crl.P.No.274 of 2022. Sri K.C. Pratheep, learned counsel appearing for the petitioner/complainant in Crl.P.No.274 of 2022.
3. Facts, in brief, germane are as follows:-
For the sake of convenience facts obtaining in Criminal Petition preferred by the complainant are narrated. A complaint comes
The court established that under Section 319 of the Cr.P.C., strong and cogent evidence is necessary to summon an additional accused, and mere witness testimony without corroboration is insufficient.
The power under Section 319 of Cr.P.C. is discretionary and should be exercised before the conclusion of the trial. The Court must find prima facie evidence against the proposed accused and follow th....
(1) Powers under Section 319 Cr.P.C. can be exercised at any stage before final conclusion of trial.(2) On the basis of examination-in-chief of a witness if a case is made out, a person can be summon....
Summoning of additional accused to face trial – FIR registered under Sections 304B, 498A, 406, 323 and 34 of IPC – Power of summoning under Section 319 Cr.P.C. is not to be exercised routinely – Exis....
The court clarified that under Section 319 Cr.P.C., a prima facie case is sufficient for summoning additional accused, emphasizing that evidence merits are to be assessed during the trial.
The power under Section 319 Cr.P.C is discretionary and should be exercised sparingly, only when strong and cogent evidence occurs against a person from the evidence led before the court.
The court held that the power under Section 319 Cr.P.C. must be exercised with strong evidence and cannot be invoked after the trial of co-accused has concluded.
Court can exercise power under Section 319 Cr.P.C. even on the basis of statement made in examination-in-chief of witness concerned and Court need not wait till cross-examination of such a witness an....
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