IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 10^th DAY OF OCTOBER 2018

BEFORE

THE HON’BLE MRS.JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No.101697 OF 2018

BETWEEN:

SRI. UDAY S/O ASHOK MADIVALAR

AGE.25 YEARS, OCC. IRONING

R/O OLD HUBLI, GUDIHAL ROAD

MILAN COLONY

NEAR TIPPU SHAHID COLLEGE

HUBLI, DIST. DHARWAD

... PETITIONER

(By Sri.VENKATESH M KHARVI ADV.)

AND:

THE STATE OF KARNATAKA

THROUGH P.S.I.

OLD HUBBALLI P.S.

HUBBALLI. REP.

BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATKA,

DHARWAD BENCH.

... RESPONDENT

(By Sri.RAJA RAGHAVENDRA NAIK, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 OF CR.P.C., SEEKING TO CALL FOR THE RECORDS AND

TO SET ASIDE THE ORDER DATED 13.08.2018 AND

14.08.2018 PASSED BY THE V ADDL. DISTRICT & SESSIONS

JUDGE, HUBBALLI IN S.C.NO.104/2016 IN OLD HUBLI

POLICE STATION CRIME NO. 197/2015 FOR THE OFFENCES

PUNISHABLE UNDER SECTIONS 143, 147, 148, 201, 324,

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302, 307 AND 504 READ WITH SECTION 149 OF IPC IN SO

FAR AS PETITIONER/ACCUSED NO. 10 IS CONCERNED.

This Petition coming on for Admission, this day the

Court made the following:-

O R D E R

The petitioner is accused No.10 in Sessions

Case No.104/2016 on the file of V Additional

Sessions Judge, Dharwad sitting at Hubballi.

2.

Petitioner and nine others are facing trial

in the said case for the charges for the offences

punishable under Sections 143, 147, 148, 201, 302,

307, 324, 504 read with Section 149 of the Indian

Penal Code. It is alleged that the accused forming

themselves into an unlawful assembly committed

murder of one Basavaraj and attempted to commit

murder of CW-16 and caused injury to CW-16.

3.

Petitioner was on bail in the said case.

On 13.08.2018, case was listed for evidence of CWs-

36 & 37. The certified copy of the order sheet

reveals that on that day, petitioner, accused No.6,

CWs-36 & 37 did not appear before the Court. The

Crl.P. No.101697/2018

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learned

Sessions

Judge

forfeited

the

bond

of

petitioner and accused No.6 and issued non-bailable

warrant to them and notice to their sureties. He

also issued direction that the witnesses shall appear

on 14.08.2018.

4.

On 14.08.2018, accused No.6 appeared

and filed bail application. He was taken to custody.

So far as petitioner, noticing his absence, learned

Sessions Judge ordered to split up the case and

register separate split up case against him.

5.

Sri.Venkatesh M.Kharvi, learned counsel

for the petitioner seeks to quash the said order on

the ground that the same is in breach of Rules 2 and

3 of Chapter IV of the Karnataka Criminal Rules of

Practice,

1968

(for

short

‘Rules’).

He

further

submits that the petitioner is prepared to appear

before the trial court and splitting up of the case

against him may prejudice his defence.

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6.

Sri.Raja Raghavendra Naik, learned HCGP

submits

that

so

far,

the

petitioner

has

not

surrendered before the trial court and therefore, he

is not entitled to seek quashing of the order of the

splitting up of the case.

7.

Chapter

IV

of

the

Rules

formulates

scheme to proceed in the case in respect of

absconding accused. The whole purpose of the said

Rules is to see that in securing an absconding

accused, the trial against the other accused should

not be delayed and if at all the co-accused is in

judicial custody, they should not suffer.

8.

Therefore, the splitting up of the case

against an absentee accused shall be in accordance

with the Rules framed under Chapter-IV of the

Rules. Rules 2 and 3 of the Rules are relevant for

the purpose of this case. They read as follows:

“ 2. When there are several accused

persons in a case and only some of them

have appeared or have been produced

before the Court or some of the accused

have remained absent or having appeared

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