Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5070 CRL.P No. 2278 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2278 OF 2022 (482(Cr.PC)
BETWEEN:
1.
ANCHAL @ NAYANA W/O LATE K.V. RAVICHANDRA, AGE ABOUT 39 YEARS, R/OF NO.566, 2ND CROSS, 1ST BLOCK, 3RD STAGE, BASAVESHWARNAGAR, BANGALORE-560 079.
2.
SHUBA KRISHNAMURTHY W/O LATE KRISHNAMURTHY, AGE ABOUT 67 YEARS, R/OF NO.566, 2ND CROSS, 1ST BLOCK, 3RD STAGE, BASAVESHWARNAGAR, BANGALORE-560 079.
…PETITIONERS (BY SRI. SHAIKH SAOUD, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY SUBRAMANYANAGAR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
2.
SMT. PADMA W/O LATE K.R. VENKATNARAYAN,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:5070 CRL.P No. 2278 of 2022
AGED 56 YEARS, NO.177A, 3RD PHASE, C ZONE, NACHENAHALLI, KOPLOOR, J.P.NAGAR, MYSURU-570 008. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R-1)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS AND CASE AT S.C.NO.849/2014 FOR OFFENCE U/S 306 R/W 34 PENDING ON THE FILE OF THE LV ADDL. CITY CIVIL AND SESSIONS JUDGE CCH-56 AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners have preferred this petition under Section 482 of Cr.P.C., praying to quash the proceedings pending against them in S.C.No.849/2014 on the file of the Court of LV Additional City Civil and Sessions Judge, Bengaluru.
2. Heard both sides and perused the material on record.
3. FIR is registered against the petitioners/accused Nos.1 and 2 for an offence punishable under Section 306 of IPC, wherein it is alleged that deceased by name
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NC: 2025:KHC:5070 CRL.P No. 2278 of 2022
K.V.Ravichandra committed suicide on 26.02.2013 on account of the harassment meted to him by the accused persons.
4. Petitioners have raised various grounds on merits and also questioned reframing of charge by adding Section 34 of IPC.
5. Admittedly, recording of the evidence of the witnesses is complete. The statement of the accused is also recorded by the trial Court under Section 313 Cr.P.C., and the matter has been posted for arguments. At this stage, the grounds urged by the petitioners regarding merits of the case cannot be appreciated. In so far as the second ground urged by the learned counsel for petitioner that Section 34 of IPC was not incorporated while framing the charge initially, but at the fag end of the trial, the said charge has been reframed, on that ground the proceedings cannot be quashed. Under Section 216 of Cr.P.C., (Section 239 of BNSS, 2023) Court may alter or add to a charge at any time before judgment is pronounced. The case has
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NC: 2025:KHC:5070 CRL.P No. 2278 of 2022
been posted for arguments and therefore, the trial Court has proceeded to reframe charge by adding Section 34 of IPC. The order sheet would disclose that the defence counsel did not have any objection to add Section 34 of IPC. Petitioners have not shown any prejudice caused to them. Hence, there are no grounds to quash the proceedings. It is open for the petitioners to take all
contentions before the trial Court at the time of argument regarding merits of the case. Petition is dismissed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 2 Sl No.: 2 Ct:ar