- 1 - HC-KAR NC: 2025:KHC:22773 CRL.P No. 7183 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7183 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SMT. S.S.GEETHA, W/O C.S.RADHAKRISHNA, AGED ABOUT 48 YEARS, R/AT No. 98, 4TH MAIN, 1ST STAGE, 1ST PHASE, MANJUNATH NAGAR, RAJAJINAGAR, BANGALORE -560 010. …PETITIONER (BY SRI. M.V. CHARATI., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY SHO, HALASURGATE PS, BANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU. 2. SPECIAL LAND ACQUISITION OFFICER-2, SRI SOMASHEKAR S.J, KARNATAKA AREA DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22773 CRL.P No. 7183 of 2025 MAHARSHI ARAVIND BHAVAN, C.F.C BUILDING, BANGALORE - 560 001. …RESPONDENTS (BY SMT. SOWMYA.R, HCGP FOR R1 SRI.P.V.CHANDRASHEKAR, ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO 1. QUASH THE NOTICE DATED 28.02.2025 ISSUED BY THE COURT OF CJM, BANGALORE ON THE APPLICATION U/S 319 IPC FILED BY THE PROSECUTION TO IMPLEAD THE PETITIONER AS AN ADDITIONAL ACCUSED IN CC NO.12594/2013 ARISING OUT OF CR.NO.304/2011 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 468 AND 471 OF IPC and ETC., 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 accused No.3 in CC.No.12594/2013, on the file of the III additional CJM, Bengaluru, is directed against the Impugned order dated 13.11.2024, whereby the Trial Court directed issuance of notice on the application filed - 3 - HC-KAR NC: 2025:KHC:22773 CRL.P No. 7183 of 2025 by the prosecution under Section 319 Cr.P.C., to the petitioner, proposed accused No.3 as well as proposed accused Nos.2 and 4 respectively. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1-State, Sri.P.V.Chandrashekar, learned counsel for respondent No.2. 3. A perusal of the material on record will indicate that the respondents have initiated proceedings against the sole accused Smt.Chowdamma, for alleged offences punishable under Sections 406, 420, 468 and 471 of IPC. During the course of trial, the prosecution examined 17 witnesses as PW.1 to PW.17 and the matter was posted on 13.11.2024 on which date the prosecution filed an application seeking to implead / arraign the petitioner as additional accused No.3, as well as two other persons viz. Sri. Mahalingiah - additional accused No.2, and Mr. Anandmurthy-additional Accused No.4, respectively. In this context it is relevant to state, that though the petitioner was initially arraigned as an accused in the original FIR in Crime No.304/2014, the 'B' report was filed qua the petitioner who has dropped/deleted from the final charge sheet. It is also - 4 - HC-KAR NC: 2025:KHC:22773 CRL.P No. 7183 of 2025 pertinent to note that the prosecution filed detailed application running to about 12 pages, under Section 319 Cr.P.C., seeking to arraign / implead the petitioner and two other persons as accused Nos.2 to 4 respectively. 4. In spite of the aforesaid facts and circumstances, the Trial Court has summarily proceeded to pass the Impugned order, mechanically directing issuance of notice on the application filed by the prosecution under Section 319 Cr.P.C without assigning cogent or valid reasons as to why the proposed accused are sought to be arraigned under Section 319 Cr.P.C. Therefore, the Impugned order passed by the Trial Court summarily / mechanically issuing notice to the petitioner in relation to whom a 'B' Report had already been filed is clearly a cryptic, laconic, non-speaking and unreasoned order and the same deserves to be set aside and the matter remitted back to the Trial Court for reconsideration of the application filed by the prosecution under Section 319 Cr.P.C afresh in accordance with law. 5. In the result, I pass the following: - 5 - HC-KAR NC: 2025:KHC:22773 CRL.P No. 7183 of 2025 ORDER i). The Petition is hereby allowed. ii) Impugned order dated 13.11.2024 passed by the Trial Court in CC.No.12594/2013 is hereby set aside. The matter is remitted back to the Trial court for reconsideration of the application filed by the prosecution under Section 319 Cr.P.C afresh in accordance with the law, bearing in mind the observations made in this order and also taking into account the material on record and proceeding further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRK/SHS List No.: 2 Sl No.: 17