The court has exclusive authority under Section 216(4) to order a re-trial or alteration of charges, ensuring fairness to both parties and allowing all evidence to remain on record for consideration.

ORDER :

M.NAGAPRASANNA, J.

The petitioners are before this Court calling in question an order dated 28-06-2024 passed by the LXXXI Additional City Civil and Sessions Judge, Bengaluru in Special C.C.No.565 of 2021 directing re-trial to be conducted as obtaining in Section 216 (4) of the Cr.P.C. and the procedure prescribed under Sections 230 and 231 thereof to be followed for conduct of such trial. Petitioners in Criminal Petition No.7467 of 2024 are accused Nos. 2 to 6 and petitioner in Writ Petition No.18539 of 2024 is accused No.1 in Special C.C.No.565 of 2021.

2. Shorn of unnecessary details, facts in brief, germane, are as follows:-

The history of the case dates back to 15-06-2016 on which day a complaint comes to be registered by one Smt. Mallavva Goudar alleging offence punishable under Section 302 of the IPC on the murder of her husband Yogesh Goudar, who was a member of Zilla Panchayat, Dharwad, against unknown persons. The complaint was registered before the Sub-Urban Police Station, Dharwad. The Police conduct investigation and file a charge sheet against 6 persons on 09-09-2016. The concerned Court took cognizance of the offence against those 6 accused for offences punishable under Sections 143 , 147, 148, 120B, 302, 201 r/w Section 149 of the IPC and committed the case to the Court of Sessions. The Court of Sessions in terms of its order dated 14-09-2017 registers the case as S.C.No.50 of 2017 and frames charges against accused Nos. 1 to 6. The trial continued for 2 years between 2017 and 2019 during which 63 witnesses were examined.

3. The mother and brother of the deceased prefers writ petitions before this Court in Writ Petition Nos.58183-58184 of 2017 seeking further investigation from the hands of the Central Bureau of Investigation (‘CBI’). The said writ petitions come to be dismissed on 01-03-2019. This becomes final, as the Apex Court in a challenge to the said order also dismissed the petitions. During the pendency of trial, an application comes to be filed by the brother of the deceased under Section 319 of the Cr.P.C. to array additional accused into the web of trial. This also comes to be dismissed. In the meanwhile, Government of Karnataka, in terms of its order dated 06-09-2019 accords sanction for conduct of further investigation at the hands of the CBI in respect of the crime in Crime No.135 of 2016. It is here the CBI enters the scene. The CBI on 24-09-2019 registers a fresh FIR in RC 17(S)/2019/CBI/ACB/BLR against accused Nos. 1 to 6 and other unknown persons for the offences punishable under Sections 143 , 147, 148, 120B, 302, 201 r/w Section 149 of the IPC. Accused No.1 prefers writ petition before this Court in Writ Petition No.51012 of 2019 seeking quashment of order dated 06-09-2019 entrusting the matter to the CBI. This Court dismissed the petition in terms of its order dated 19-11-2019. Then begins complete investigation by the CBI.

4. First supplemental charge sheet was filed arraigning 14 accused in all, as against 6 that were arraigned earlier. A second supplemental charge sheet was filed arraigning 3 more accused on 30-01-2021. It is here the then Minister in-charge of Dharwad District comes into the web of trial as accused No.15. Investigation did not stop. A third supplemental charge sheet was filed by the CBI arraigning 4 more accused as accused Nos. 18 to 21. In all, the trial now is against 21 accused. The Special Court takes cognizance of all the s