- 1 - HC-KAR NC: 2025:KHC:24965 CRL.P No. 4269 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4269 OF 2024 BETWEEN: 1. BASAPPA KALASHETTY, AGED ABOUT 68 YEARS, R/AT SHIROLLI VILLAGE, TALUK CHINCHOLLI TALUKA, GULBARGA DISTRICT - 585 307. 2. SMT. GURUBAI KALASHETTY AGE 62 YEARS W/O. BASAPPA KALASHETTY, R/AT SHIROLLI VILLAGE, TALUK CHINCHOLLI TALUKA, GULBARGA DISTRICT - 585 307. 3. KUM. RENUKA AGE 38 YEARS D/O. BASAPPA KALASHETTY, R/AT C/O. SHIVKUMAR KALASHETTY, NO. 13, SHIVAKUMAR NILAYA, 7TH MAIN, MALLESHPALYA, BANGALORE - 560 075. …PETITIONERS (BY SRI. KHOT ARJUN RAMA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY GNANABHARATHI POLICE STATION, BANGALORE, THROUGH STATE PUBLIC PROSECUTOR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24965 CRL.P No. 4269 of 2024 HONBLE HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SMT. RENUKA W/O. SHIVAKUMAR, AGED ABOUT 37 YEARS, R/O. C/O. H. E. BASAVARAJ, NO. 321, 1ST MAIN ROAD, ISEC, 1ST CROSS, TEACHERS COLONY, NAGARBHAVI, BANGALORE - 560 072. 3. SHIVAKUMAR KALASHETTY S/O. BASAPPA KALASHETTY, AGED ABOUT 37 YEARS, OCCUPATION: AERONAUTICAL ENGINEER, HONEYWELL TECHNOLOGIES PVT. LTD., DEVARBINAHALLI VILLAGE, K.R. PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 103, R/AT NO. 13, SHIVAKUMAR NILAYA, 7TH MAIN, MALLESHPALYA, BANGALORE - 560 075. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; NOTICE TO R2 AND R3 ARE DISPENSED WITH) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 13.12.2023 PASSED IN C.C.NO.2507/2016 BY THE IX A.C.M.M COURT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:24965 CRL.P No. 4269 of 2024 ORAL ORDER This Petition is by the proposed Accused Nos. 2, 3 and 4 in CC No.2507/2016 is directed against the impugned order dated 13.12.2023 passed by the trial Court directing issuance of notice as against the Petitioners-proposed Accused Nos. 2, 3 and 4 on a application filed by the Respondent No.1 Prosecution under Section 319 Cr.P.C. 2. Heard learned counsel for the Petitioner, learned HCGP for Respondent No.1 and perused the material on record. For the order proposed, Notice to Respondent Nos. 2 and 3 is dispensed with. 3. A perusal of the material on record will indicate that the Respondent No.1-de facto complainant filed a complaint dated 28.08.2013 which was registered as an FIR in Crime No.323/2018 against Respondent No.3- Accused for offences punishable under section 498A, 306, 307, 506, 511 and Section 34 of IPC and Sections 3 and 4 - 4 - HC-KAR NC: 2025:KHC:24965 CRL.P No. 4269 of 2024 of Dowry Prohibition Act, 1961. After investigation, the Respondent No.1-police authorities filed the charge sheet which is currently pending in CC No.2507/2016 before the trial Court. In the said proceedings, the Respondent No.1 - Prosecution examined three witnesses as PW Nos. 1 to 3 pursuant to which the Respondent No.1-Prosecution filed the instant application under Section 319 of Cr.P.C. seeking to include/arraign the Petitioners as additional Accused Nos. 2 to 4 to the proceedings. In this context, a perusal of the impugned order will indicate that the same is a cryptic, laconic non-speaking and unreasoned order without assigning any reasons whatsoever as to why the trial Court deemed it fit to issue notice to the Petitioners on the said application. 4. Under these circumstances, I am of the considered opinion that the impugned non-speaking and unreasoned order passed by the trial Court directing issuance of notice on Section 319 Application filed by the Prosecution deserves to be set aside and the matter - 5 - HC-KAR NC: 2025:KHC:24965 CRL.P No. 4269 of 2024 remitted back to the trial court for reconsideration of the application field by the Prosecution under Section 319 Cr.P.C., again and to proceed in accordance with law. In the result, I pass the following:- ORDER i) Petition is hereby allowed. ii) The impugned order dated 13.12.2023 passed by the IX Additional Chief Metropolitan Court, Bangalore, in CC No.2507/2016 directing issuance of notice on the 319 Cr.P.C., application filed by the Prosecution is hereby set aside. iii) The trial Court is directed to reconsider the application afresh and pass the appropriate orders by passing a speaking and a reasoned order in accordance with the provisions contained under Section 319 of Cr.P.C. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 1 Sl No.: 7 CT: BHK