- 1 - NC: 2025:KHC:3308 CRL.P No. 13121 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13121 OF 2024 BETWEEN: CHANDAN T J, S/O JAYACHANDREGOWDA, AGED ABOUT 25 YEARS, R/O THIRUMALAHALLY VILLAGE, MADIHALLY HOBLI, BELUR TALUK, HASSAN DISTRICT, PIN-573 216. …PETITIONER (BY SRI SUYOG HERELE .E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH HALEBEEDU, POLICE STATION, HASSAN DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. SMT. SHOBHARANI, W/O SHIVAKUMARA, AGED ABOUT 29 YEARS, R/O THIRUMALAHALLY VILLAGE, MADIHALLY HOBLI, BELUR TALUK, HASSAN DISTRICT, PIN-573 216. …RESPONDENTS (BY SRI VINAY MAHADEVIAH, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) TO SET ASIDE THE ORDER DATED 10.07.2024 PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE AT HASSAN IN SC.NO.108/2023 SO FAR AS FRAMING CHARGE NO.4 IS CONCERNED, FOR THE ALLEGED OFFENCES P/U/S 302 R/W 34 OF IPC, AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3308 CRL.P No. 13121 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "Set aside the order dated 10.07.2024 passed by the learned II Additional District and Sessions Judge at Hassan in S.C.No.108/2023 insofar as framing charge no.4 is concerned for the alleged offences punishable under Sections 302 r/w 34 IPC against the petitioner in the ends of justice." 2. Heard learned counsel for the petitioner, learned High Court Government Pleader for the respondent-State and perused the material on record. 3. After arguing the matter for sometime, the learned counsel for petitioner submits that the petitioner is arraigned as accused no.1 in S.C.No.108/2023, which is posted before the learned Sessions Judge on 27.01.2025. - 3 - NC: 2025:KHC:3308 CRL.P No. 13121 of 2024 4. It is submitted that the petitioner shall make an application under Section 216 Cr.P.C., on 27.01.2025 seeking alteration / modification / amendment of the charge already framed and before proceeding further, the trial court may be directed to dispose off the said application in accordance with law. 5. The submission is placed on record. 6. The petition stands disposed of reserving liberty to the petitioner to file an application under Section 216 Cr.P.C., before the learned Sessions Court in S.C.No.108/2023 on 27.01.2025. 7. In the event if the petitioner files such an application, the trial court shall defer all further proceedings including recording of evidence and the Trial Court in the first instance consider and pass appropriate orders on the said application to be filed by the petitioner and dispose off the same by passing appropriate orders, in - 4 - NC: 2025:KHC:3308 CRL.P No. 13121 of 2024 accordance with law and thereafter, proceed further in the matter. 8. Subject to the aforesaid directions and liberty reserved in favour of the petitioner petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE NP List No.: 1 Sl No.: 13