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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 25^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL PETITION No.200805/2018

BETWEEN:

1.

SURESH S/O SUDHARAMRAO GAYAKWAD

AGE : 65 YEARS, OCC: RETIRED SERVICEMAN,

R/O MURUM, TQ. UMARGA,

DIST. USMANABAD-413501.

2.

ALKA @ LATA D/O SURESH GAYAKWAD AND

W/O SHISHUPAL KAMBLE

AGE: 40 YEARS, OCC: TEACHER

AT GOVT. PRIMARY SCHOOL, BELAM,

R/O KOTHALI, TQ. UMARGA,

DIST. USMANABAD-413501.

… PETITIONERS

(BY SRI ASHOK B. MULAGE, ADVOCATE)

AND:

THE STATE OF KARNATAKA

THROUGH ALAND P.S.,

TQ. ALAND

REP. BY ADDITIONAL SPP,

HIGH COURT OF KARNATAKA

AT KALABURAGI-585107.

… RESPONDENT

(BY SRI GURURAJ V. HASILKAR, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 OF CR.P.C. PRAYING TO ALLOW THE PETITION AND

SET ASIDE THE ORDER PASSED BY THE III ADDITIONAL

DISTRICT AND SESSIONS JUDGE, KALABURAGI IN CRL.

REVISION PETITION NO.209/2016 DATED 24.11.2017 AND

THE ORDER DATED 17.02.2016 PASSED BY PRINCIPAL

J.M.F.C. COURT, ALAND IN C.C. NO.147/2014, ALLOWING

THE APPLICATION FILED U/SEC.319 OF CR.P.C. AND

DISMISS THE APPLICATION FILED U/SEC.319 OF CR.P.C.

BY THE PROSECUTION BEFORE THE TRIAL COURT FOR

IMPLEADING AND SUMMONING PETITIONERS.

THIS PETITION COMING ON FOR HEARING, THIS

DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 482 of Cr.P.C. by

the petitioners with following prayer:

" WHEREFORE, the Hon'ble Court may

kindly be pleased to allow the petition and set

aside the order passed by the III Addl. Dist. &

Sessions Judge, Kalaburagi in Crl.Revision

Petition No.209/2016, date:24.11.2017 and

the order dated:17.02.2016 passed by Prl.

J.M.F.C, Court, Aland in C.C.No.147/2014

allowing the application filed U/Sec.319 of

Cr.P.C. and dismiss the application filed

U/Sec.319 Cr.P.C. by the prosecution before

the trial court for impleading and summoning

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petitioners, in the interest of justice and

equity."

2.

Brief facts which are necessary for disposal are

as under:

Smt. Mandubai filed a complaint contending that she

is resident of Jamaga (K) village. On 13.08.2013 at about

11.00 a.m. when she was working in land, Ajay, Rekha,

Latha along with two other persons came there and Suresh

abused her in a filthy language and assaulted her with

hand on her back, Rekha and Latha have caught hold of

her hands and pushed and kicked her and other two

persons caught hold of her hands and legs and tried to

drop her into a well and when she tried for help, her

daughter working in the neighbouring land as a coolie

came there and rescued her. While returning from the

place of incident, all the accused persons gave life threat

to her.

Based on the said complaint, Aland P.S. registered a

case in Cr.No.225/2013 for the offences punishable under

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Sections 143, 147, 323, 354, 504 and 506 R/W Section

149 of IPC against petitioners and three others.

3.

After investigating the matter in detail, Aland

Police filed charge sheet in CC No.147/2014 for the

offences punishable u/s 323, 504, 506 of IPC dropping the

present petitioners from the charge sheet.

4.

Based on the charge sheet, learned Magistrate

took cognizance of the offences and proceed with the trial.

5.

During the trial, Mandubai was examined as

PW.1 and her daughter Ansubai as PW.2. At that juncture,

learned APP filed an application under section 319 of

Cr.P.C. for impleading present petitioners as accused Nos.2

and 3.

6.

Trial Court on 17.02.2016 passed an order to

enter the name of the petitioners as accused Nos.2 and 3

and issued summons against them.

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7.

Being aggrieved by the same, petitioners are

before this Court with the above prayer.

8.

Learned counsel for the petitioners Sri Ashok

Mulage vehemently contended that the impugned order

passed by the trial Magistrate is illegal, perverse and

against the well estab