- 1 - NC: 2025:KHC:5129 CRL.P No. 1388 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1388 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: K. C. DILIP S/O.LATE K.C.BASAVARAJAPPA, AGED ABOUT 46 YEARS, R/AT OPP. CANARA BANK, T.M.ROAD, HONNALI TOWN, DAVANAGERE DISTRICT 577217. …PETITIONER (BY SRI. YOGESH L.HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHIKKAJAJUR POLICE STATION, HOLALKERE CIRCLE, CHITRADURGA DISTRICT, REPRESENTED BY S.P.P, HIGH COURT BUILDING, BENGALURU-560001. 2. SHASHIDHAR PATIL N. M. S/O MAHESHWARAPPA, AGED ABOUT 45 YEARS, R/AT AIYANAHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT 577526. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 SRI. RUDRAPPA P., ADV. FOR R2V) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED 07.01.2023 IN C.C.NO.586/2021 ON APPLICATION U/S 319 OF CR.P.C. PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., HOLALKERE. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5129 CRL.P No. 1388 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the proposed accused No.3 in C.C.No.586/2021 is directed against the impugned order dated 07.01.2023, whereby the application filed by respondent No.1-State to arraign the petitioner as accused No.3 to the said proceedings was allowed by the Trial Court. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that in the first instance the petitioner was arraigned as accused No.3 in the FIR in Crime No.204/2020. however, after investigation, the petitioner was dropped from the charge sheet and was not made as accused. However, subsequently during the course of evidence, respondent No.1-State filed an application seeking to arraign/add petitioner as accused No.3. In this context, it is relevant to state that the Trial Court has proceeded to allow the application, without providing an opportunity to the petitioner in this regard and as such, though several contentions have been urged - 3 - NC: 2025:KHC:5129 CRL.P No. 1388 of 2023 by both sides in support of their respective claims, in order to provide an opportunity to the petitioner to file his objections, if any, to the application under Section 319 Cr.P.C., filed by the respondent to arraign the petitioner as accused No.3, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Trial Court to reconsider the matter afresh, in accordance with law. 4. In the result, I pass the following: ORDER (i) The Criminal petition is allowed. (ii) The impugned order dated 07.01.2023 passed in C.C.No.586/2021 by the Trial Court is hereby set aside. (iii) The matter is remitted back for reconsideration of the application filed by respondent No.1-prosecution under Section 319 Cr.P.C. (iv) The petitioner shall appear before the Trial Court on the next date of hearing and file his objections, if any, to the application, which shall be reconsidered by the Trial Court, which shall pass appropriate orders in accordance with law. - 4 - NC: 2025:KHC:5129 CRL.P No. 1388 of 2023 (v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. (vi) It is made clear that this order is passed in the peculiar/special circumstances obtaining in the instant case and the same shall not be treated as precedent nor the same shall have any precedential value, for any purpose, whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 57