1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 10^TH DAY OF NOVEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE H.P.SANDESH

CRL.RP.No.200078/2021

BETWEEN:

KALLAPPAYYA S/O BASAYYA

@ BANAPPA DIGAMBARMATH

AGE: 32 YEARS, OCC: SOCIAL WORK

DIGAMBAR SANSTHANMATH

R/O KOLHAR, TQ. B. BAGEWADI

DIST. VIJAYAPURA

… PETITIONER

(BY SRI ASHOK B. MULAGE, ADVOCATE)

AND:

THE STATE OF KARNATAKA

THROUGH KOLHAR P.S.,

TQ. B. BAGEWADI, DIST. VIJAYAPURA

THROUGH ADDL. SPP

HIGH COURT OF KARNATAKA

KALABURAGI BENCH-585107

… RESPONDENT

(BY SRI GURURAJ V. HASILKAR, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED UNDER

SECTION 397 R/W SECTION 401 OF CRIMINAL PROCEDURE

CODE, PRAYING TO ALLOW THE PETITION AND SET ASIDE THE

ORDER PASSED BY IV-ADDL. DIST. AND SESSIONS JUDGE,

VIJAYAPUR IN SESSIONS CASE NO.82/2019, DATED 13.08.2021

2

ALLOWING THE APPLICATION FILED UNDER SECTION 319 OF

CR.P.C., AND DISMISS THE APPLICATION FILED UNDER

SECTION 319 CR.P.C., BY THE PROSECUTION BEFORE THE

TRIAL COURT FOR IMPLEADING AND SUMMONING REVISION

PETITIONER.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

Heard the learned counsel appearing for the

petitioner and the learned High Court Government Pleader

appearing for the respondent-State.

2.

This petition is filed under Section 397 r/w

Section 401 of Cr.P.C., praying to set aside the order

dated 13.08.2021 passed by IV-Additional District and

Sessions Judge, Vijayapur, in Sessions Case No.82/2019

allowing the application filed under Section 319 of Cr.P.C.,

and dismiss the application filed under Section 319 of

Cr.P.C., by the prosecution before the trial Court for

impleading and summoning the revision petitioner.

3

3.

Factual matrix of the case is that the

complainant

filed

complaint

on

22.12.2018

making

allegation against three persons in connection with

transaction of property and also alleged that the accused

caused threat to the son of the complainant and due to

which, her son committed suicide. Based on the complaint,

the police have registered the case for the offences

punishable under Sections 321, 341, 306, 504, 506 r/w

Section 34 of IPC. The police have investigated the matter

and filed charge sheet for the offences punishable under

Sections 341, 306, 504, 506 r/w Section 34 of IPC. While

filing charge sheet, the Investigating Officer has dropped

Kallappayya who was arrayed as accused No.2 in the FIR.

Thereafter, charges were framed against accused Nos.1

and 2 in the chargesheet.

4.

The prosecution in order to prove the case

examined the complainant/CW.1 as PW.1 and examined

one witness as PW.2. The prosecution filed an application

under Section 319 of Cr.P.C., to bring Kallappayya S/o

4

Basayya @ Banappa Digambarmath on record as accused.

The trial Court, considering the contents of the complaint

and also evidence of the witnesses, vide order dated

13.08.2021 referring to the judgment of the Hon'ble Apex

Court in the case of Hardeep Singh vs. State of Punjab

reported in (2014) 3 SCC 92, comes to the conclusion

that Kallappayya has to be arrayed as accused and issued

process. Hence, the present petition is filed before this

Court.

5.

The main contention of the learned counsel

appearing for the petitioner is that the trial Court failed to

consider the very scope and ambit of Section 319 of

Cr.P.C. When the Investigating Officer investigated the

matter and not found any material against the petitioner,

he was dropped while filing the chargesheet. The trial

Court considering the stray statement of PW.1 arraigned

this petitioner as accused and no material is placed on

record against the petitioner and innocent person is

brought on record. The learned counsel also submits that

5

the petitioner is working as Peethadipati and with political

animosity, in order to remove him from the said post of

Peethadipati, he has been falsely implicated. The trial

Court faile