- 1 - HC-KAR NC: 2025:KHC:20671 CRL.P No. 14066 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14066 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. SIDDAGANGA MURTHY S/O LATE BASAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO 410, BHEL LAYOUT 2ND STAGE EXTESION, PATTANAGERE SOUTH, R. R. NAGAR, BANGALORE – 560 098 2. SMT. SUJATHA D S W/O SIDDAGANGA MURTHY AGED ABOUT 55 YEARS, RESIDING AT NO. 410, BHEL LAYOUT 2ND STAGE EXTESION, PATTANAGERE SOUTH, R R NAGAR, BANGALORE – 560 098 3. SMT CHAITRA P. S. W/O HEMANTH KUMAR C., AGED ABOUT 34 YEARS, RESIDING AT NO 31, LAKSHMI VALLABA KRUPA, NARASIMHA ROAD, BHEL LAYOUT 2ND STAGE, PATTANAGERE, R R NAGAR, BANGALORE – 560 098 …PETITIONERS (BY SMT. PADMAVATHI N., ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20671 CRL.P No. 14066 of 2024 AND: 1. MEGHANA W/O KISHORE, AGED ABOUT 32 YEARS R/AT NO.410, 2ND STAGE EXTENSION, NEAR COFFEE MANE, HOTEL KRISHNA, BHEL LAYOUT, R.R. NAGAR, BENGALURU – 560 098. 2. STATE BY RAJARAJESHWARI NAGARA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001 …RESPONDENTS (BY SRI. S. KALYAN BASAVARAJ, ADVOCATE FOR R1; SRI. JAGADEESHA B. N., ADDL. SPP FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 12.09.2024 PASSED BY HON’BLE 46TH ACMM COURT AT BENGALURU BY ISSUING SUMMONS AGAINST THE PETITIONERS i.e., PROPOSED ACCUSED NO.2 TO 4 IN C.C.NO.12991/2022 WHICH ARISE OUT OF CR.NO.11/2022 REGISTERED BY R.R. NAGARA POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 504, 323 R/W 506 OF IPC, 3 AND 4 OF D.P. ACT, WHICH IS PENDING BEFORE. 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 proposed accused Nos.2, 3 and 4 in C.C.No.12991/2022 is directed against the impugned order dated 12.09.2024, whereby the application filed by respondent No.1- defacto complainant under Section 319 of Cr.P.C., to add the - 3 - HC-KAR NC: 2025:KHC:20671 CRL.P No. 14066 of 2024 petitioners herein as additional accused Nos.2, 3 and 4 was taken up by the Trial Court and directed issuance of the summons, who are before this Court by way of the present petition. 2. Heard learned counsel for the petitioners, learned counsel for respondent No.1 and learned Addl. SPP for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.1 is the wife of one Kishore against whom she filed a complaint which is registered as FIR in Crime No.11/2022 against her husband –Kishore and petitioners herein as accused Nos.2 to 4. In pursuance of the same, respondent No.2-Police conducted investigation and filed the charge sheet deleting/dropping the petitioners from array of parties and continued proceedings only against the said Kishore as sole accused. During the course of the trial in which respondent No.1 was partly examined as PW-1, respondent No.1 filed the instant application seeking to arraign the present petitioners as additional proposed accused Nos.2 to 4 under Section 319 of Cr.P.C, which was allowed by the Trial Court by the impugned order which is assailed by the petitioners by way of the present petition. - 4 - HC-KAR NC: 2025:KHC:20671 CRL.P No. 14066 of 2024 4. In this context, a perusal of the impugned order will indicate that the same has been passed without application of mind whatsoever and without assigning any reasons as to why the petitioners are to be arraigned as accused Nos.2 to 4 and also without considering the evidence already on record. The Trial Court has erroneously proceeded to summarily issue summons to the petitioners herein by arraigning them as proposed accused Nos.2 to 4 by passing the impugned order, which is clearly a cryptic, laconic, non-speaking and unreasoned order without assigning valid or cogent reasons as to why the petitioners are being summoned for being arraigned as accused Nos.2 to 4. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Trial Court for reconsideration of the application filed by respondent No.2-prosecution under Section 319 of Cr.P.C and in accordance with law. 5. In the result, I pass the following: - 5 - HC-KAR NC: 2025:KHC:20671 CRL.P No. 14066 of 2024 ORDER i) The petition is hereby allowed. ii) The impugned order dated 12.09.2024 in C.C.No.12991/2022 on the file of 46th Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 498A, 504, 323 read with Section 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 insofar as the petitioners are concerned are hereby quashed. iii) The matter is remitted back to the Trial Court for reconsideration of the application dated 12.09.2024 filed by respondent No.2-State afresh in accordance with law after completion of the evidence of PW-1. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 54