- 1 - NC: 2025:KHC:6873 CRL.P No. 1455 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1455 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MRS VENKATA RAMA W/O RAYAPUREDDY SURI BABU AGED ABOUT 48 YEARS R/A NO. 900, 9TH FLOOR BLOCK-6a, Green Hills ROAD LODHA BELLEZZA, KPHB COLONY KUKATPALLYI, HYDERABAD TELANGANA – 500 072. 2. MR. R SURI BABU S/O RAYAPUREDDY SATYANARAYANA AGED ABOUT 52 YEARS R/A. 2-81, I POLAVARAM EAST GODAVARI ANDHRA PRADESH – 533 220. …PETITIONERS (BY SRI. SIDDHARTH B MUCHANDI.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE POLICE OF KODIGEHALLI POLICE STATION BANGALORE 560 092 REPRESENTED BY THE ST ATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 560 001. 2. T. SRINIVAS REDDY S/O T. ADINARAYANA REDDY AGED ABOUT 47 YEARS R/A NO. 14, BHUVANESHWARI NAGAR 17TH CROSS, 3RD FLOOR, SAHAKARNAGAR BANGALORE 560 024. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1 NOTICE TO R-2 IS D/W VIDE ORDER DATED: 11.02.2025) Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:6873 CRL.P No. 1455 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 05.04.2023 PASSED ON APPLICATION U/S 319 CRPC IN CC.NO.1150/2018 PASSED BY THE HONBLE VII ADDL. CMM, BENGALURU CITY FOR THE ALLEGED OFFENCE P/U/S 420 OF IPC, (ANNEXURE-D) REGISTERED BY THE KODIGEHALLI POLICE STATION. 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 In this petition, petitioner seeks for the following reliefs: “Wherefore, the petitioners pray that this Hon’ble Court may be pleased to set – aside the order dated 05.04.2023 passed on Application under Section 319 Cr.P.C in C.C.No.1150/2018 passed by the Hon’ble VII Addl. Chief Metropolitan Magistrate, Bengaluru City for the alleged offence punishable under Section 420 of IPC, (Annexure-D) registered by the Kodigehalli Police Station to meet the ends of justice.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. Notice to respondent No.2 is dispensed with. - 3 - NC: 2025:KHC:6873 CRL.P No. 1455 of 2025 3. A perusal of the material on record will indicate that though the petitioners were arraigned as accused Nos.3 and 4 in the complaint and FIR registered as Crime No.184/2016, after investigation, the names of the petitioners were dropped from the charge sheet and the proceedings in C.C.No.1150/2018 proceeded only as against accused No.1 alone. Subsequently, during the course of trial, respondent No.1-prosecution filed an application on 06.03.2023 invoking Section 319 of Cr.P.C to arraign the petitioners as additional accused to the said proceedings. 4. In this context, a perusal of the impugned order dated 05.04.2023 allowing the application filed by respondent No.1- prosecution under Section 319 of Cr.P.C will clearly indicate that the same is non speaking, cryptic, laconic, unreasoned order and without application of mind as to why it was necessary to implead and arraign the petitioners as additional accused persons. 5. Under these circumstances, I deem it just and appropriate to set aside the impugned order dated 05.04.2023 and remit the matter back to the learned Magistrate for reconsideration afresh of the application filed by the respondent No.1-prosecution under Section 319 Cr.P.C after providing sufficient and reasonable - 4 - NC: 2025:KHC:6873 CRL.P No. 1455 of 2025 opportunity to the petitioners and proceed further in accordance with law. 6. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 05.04.2023 passed in C.C.No.1150/2018 on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru City for the offence punishable under Section 420 of IPC, is hereby set aside. iii) The matter is remitted back for reconsideration afresh on the application dated 06.03.2023 filed by respondent No.1 under Section 319 after providing sufficient and reasonable opportunity to both the parties and in accordance with law. SD/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 76