IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9280 OF 2025 (482(Cr.PC) /

528(BNSS))

BETWEEN:

SANDEEP N PRASAD S/O NAGENDRA PRASAD B, AGED 41 YEARS, RESIDING AT NO.210, BRIGADE VISTA, UTTARAHALLI MAIN ROAD, BENGALURU- 560 061.

…PETITIONER (BY SRI. K VENKATESH., ADVOCATE)

Digitally signed by SANJEEVINI J KARISHETTY Location: High AND:

Court of Karnataka

1. CIRCLE INSPECTOR OF POLICE PULIKESHINAGAR POLICE STATION, BENGALURU- 560 005.

REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU- 560 001.

2. VEENA K, D/O M.SHANTHI, AGED ABOUT 34 YEARS, RESIDING AT NO.201, II FLOOR, S.M. ONE ORCHID, MALL ROAD, FRAZER TOWN, BENGALURU- 560 005.

…RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL.SPP FOR R1)

THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DTD 28.04.2025 PASSED BY THE HONBLE XXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-29, MAYO HALL, BENGALURU IN CRL.RP.NO.25080/2023 AFFIRMING THE ORDER DTD 29.08.2023 PASSED BY THE HONBLE XI ACJM, BENGALURU IN CC.NO.52280/2022 AND REJECT THE APPLICATION DTD 05.06.2023 FILED BY THE RESPONDENT NO.2 U/S 301(2) OF CR.P.C.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard Sri. K. Venkatesh, learned counsel appearing for the petitioner and Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for respondent No.1.

2. The petitioner is before this Court calling in question concurrent findings of two Courts answering application filed by respondent No.2, under Section 301(2) of the Cr.P.C. The petitioner is the sole accused in C.C.No.52280/2022, claims to be aggrieved by the order of the concerned Court answering an application under Section 301(2) of the Cr.P.C., by which the concerned Court permits the complainant to assist the prosecution. The concerned Court permits the application filed by the complainant on the following reasons:

”ORDER ON APPLICATION FILED U/SEC.301(2) OF CR.P.C The defacto complainant has filed this application U/sec. 301(2) of Cr.P.C to permit the complainant to engage a counsel to assist the prosecution in conducting trial.

2. Ld. Counsel for the accused has filed detailed objection to the application.

3. I have heard the the Ld. Counsel for the defecto complainant and Ld. Counsel for the accused.

4. The Pulakeshinagar Police have filed charge-

sheet against the accused for the offence punishable U/sec. 420 of IPC. On going through the case of the prosecution, and the averments made in the application and also considering the objection filed by the accused, this court is of the opinion that, the complainant has grounds to allow the application as prayed. In case if the application is allowed no hardship is caused to the accused and in order to provide an opportunity and to meet the ends of justice, the application filed by the complainant is deserves be to allowed. Accordingly, I proceed to pass the following:-

ORDER

The application filed by the defecto complainant U/sec. 301(2) of Cr.P.C. is hereby allowed.

The complainant is permitted to engage a counsel to assist the prosecution as provided U/sec. 301(2) of Cr.P.C.

For charge by: 12.01.2024."

The concerned Court allows the application under Section

301(2) of the Cr.P.C., permitting the complainant to assist the prosecution. It is only to assist the prosecution and not take assistance of somebody else in the prosecution.

3. The said order is challenged by the accused before the Court of session in Criminal Revision petition No.25080/2023. The Court of Session by a detailed order rejects the revision filed by the petitioner challenging the order, which permitted the complainant to assist the prosecution. The order of the Revisional Court reads as follows: "6. My findings on the above points are as under:-

POINT No.1 - In the