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NC: 2023:KHC-K:7643

CRL.RP No. 200062 of 2022

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 23^RD DAY OF SEPTEMBER, 2023

BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL REVISION PETITION NO. 200062 OF 2022 (397)

BETWEEN:

RENUKA @ SHIVUBAI

W/O. SHRISHAIL BYALYAL

AGE: 26 YEARS, OCC: HOMEMAKER,

R/O. NEBAGERI, TQ. MUDDEBIHAL,

DIST. VIJAYAPURA-586212.

…PETITIONER

(BY SRI. KADLOOR SATYANARAYANACHARYA, ADVOCATE)

AND:

1.

SIDDAPPA

S/O. CHANDAPPA BYALYAL

AGE: 40 YEARS, OCC: AGRICULTURE,

R/O. NEBAGERI, TQ. MUDDEBIHAL,

DIST. VIJAYAPURA-586212.

2.

THE STATE THROUGH,

CIRCLE INSPECTOR,

MUDDEBIHAL PS-586212,

RPTD. BY ADDL. SPP,

HIGH COURT OF KARNATAKA,

KALABURAGI BENCH-585103.

…RESPONDENTS

(BY SRI. ANILKUMAR NAVADAGI, ADVOCATE, FOR R1;

SMT. ANITA M. REDDY, HCGP FOR R2)

R

Digitally signed

by SHILPA R

TENIHALLI

Location: HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC-K:7643

CRL.RP No. 200062 of 2022

THIS CRL.RP IS FILED U/S 397 R/W SEC. 401 OF CR.P.C

PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED

01-07-2022 PASSED BY HON'BLE III ADDL. DIST. AND

SESSIONS COURT, VIJAYAPURA, ON I.A FILED U/SEC.319

CR.PC IN S.C.NO.47/2017 AND PASS NECESSARY ORDERS

DIRECTING THE TRIAL COURT TO ARRAIGN THE PROPOSED

ACCUSED/RESPONDENT NO.1 HEREIN, AS ONE OF THE

ACCUSED IN SC.NO.47/2017.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioner, learned

counsel for respondent No.1 and learned High Court

Government Pleader for respondent No.2 - State.

2.

The petitioner has filed this petition under

Section 397 read with Section 401 of the Code of Criminal

Procedure, 1973 (for short 'Cr.P.C.') praying to set aside

the order dated 01.07.2022 passed by the learned III

Additional District and Sessions Judge, Vijayapura (for

short 'Trial Court') in S.C.No.47/2017 on an application

filed under Section 319 of Cr.P.C.

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CRL.RP No. 200062 of 2022

3.

For the sake of convenience, the parties are

referred to as per their ranking before the Trial Court. The

petitioner is the de-facto complainant, respondent No.1 is

the proposed accused and respondent No.2 is the

complainant/State.

4.

Brief facts of the prosecution case are that, on

the written complaint filed by petitioner against accused

Nos.1 to 4 (her in laws) alleging that, since 2 to 3 months

prior to 22.03.2016 accused Nos.1 to 4 were harassed her

deceased husband and PW.6 - Renuka and tortured them,

thus, they attempted to committ suicide, however, PW.6

survived and her husband died on 22.03.2016 at 11.00

a.m. in Nebageri village, Muddebihal taluka, hence, the

jurisdictional police registered a case in Crime No.90/2016

for the offences punishable under Section 498-A and 306

of the Indian Penal Code, 1860 (for short 'IPC').

5.

Initially UDR was registered and during the

course of investigation, FIR came to be registered against

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NC: 2023:KHC-K:7643

CRL.RP No. 200062 of 2022

in all four accused persons, however, the Investigating

Officer deleted the name of accused No.3 - Siddappa S/o

Chandappa, thus, he was not sent up for trial. The Trial

Court framed charges against accused No.1 - Chandappa,

accused No.2 - Neelamma and accused No.3 - Basavaraj

for the aforesaid offences. During the course of evidence,

PW.6 - Renuka, PW.8 - Chanamma Patil and PW.9 -

Shivanagouda Patil have deposed against the proposed

accused - Siddappa (shown as accused No.3 in FIR) and

his role played in commission of the offence. Therefore,

PW.6 filed an application under Section 319 of Cr.P.C.

before the Trial Court, however, the Trial Court rejected

the said application on 01.07.2022. Aggrieved by the

order passed by the Trial Court, PW.6 - Renuka has filed

this petition.

6.

The learned counsel for the petitioner submitted

that, as per the