- 1 - HC-KAR NC: 2025:KHC:26742 CRL.P No. 7437 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7437 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. T PUTTAPPA S/O. RAMAPPA AGED ABOUT 67 YEARS, 2. KALAVATHI W/O. PUTTAPPA AGED ABOUT 59 YEARS, 3. SHANTHAMMA D/O. RAMAPPA AGED ABOUT 73 YEARS, 4. SAVITHA D/O. KENCHAPPA BATHI AGED ABOUT 37 YEARS, ALL ARE R/AT BHANUVALLI VILLAGE HARIHARA TALUK DAVANGERE DISTRICT-577 601. …PETITIONERS (BY SRI. S G RAJENDRA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ASSISTANT PUBLIC PROSECUTOR II ADDL. CIVIL JUDGE AND JMFC HARIHARA, DAVANGERE DISTRICT Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26742 CRL.P No. 7437 of 2025 REPT. BY S.P.P. HIGH COURT BUILDING BENGALURU - 560 001. 2. SANTHOSHA K G S/O. GADIGEPPA K. AGED ABOUT 36 YEARS COMPUTER OPERATOR R/AT BHANUVALLI VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT - 577 601. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R.1; SRI MURTHY D.L., ADVOCATE FOR R.2.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE ORDER DATED 29.01.2025 IN C.C.NO.1357/2021 PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC., HARIHARA, FOR THE OFFENCE P/U/S 323, 504, 506, 34 OF IPC, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, 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.3 to 6 in C.C.No.1357/2021 is directed against the impugned order dated 29.01.2025 whereby the application filed by the prosecution under Section 319 of Cr.P.C. to implead/arraign the petitioners as - 3 - HC-KAR NC: 2025:KHC:26742 CRL.P No. 7437 of 2025 additional accused i.e., accused Nos.3 to 6 to the impugned proceedings was allowed by the Trial Court. 2. A perusal of the material on record would indicate that respondent No.2 complainant instituted the impugned proceedings against the accused persons for the offences punishable under Section 323, 504, 506 read with Section 34 of IPC. After investigation, the charge sheet was filed and proceedings are pending adjudication in C.C.No.1357/2021. On behalf of the prosecution, CW.1 was examined as PW.1 and before the evidence was complete, the prosecution filed the instant application under Section 319 of Cr.P.C. seeking impleadment/arraignment of petitioners as additional accused Nos.3 to 6 to the proceedings. The petitioners having appeared before the Trial Court filed their objections to the said application denying and disputing the various allegations made by the prosecution. After hearing the parties, the Trial Court came to the conclusion that the petitioners were proper and necessary parties and were required to be impleaded/arraigned as accused persons by allowing the application and holding as under:- - 4 - HC-KAR NC: 2025:KHC:26742 CRL.P No. 7437 of 2025 "ORDERS ON APPLICATION FILED U/S 319 Cr.P.C The Learned APP filed this application on the ground that the complainant CW.1 examined as PW.1 in this case and in his chief-examination, he deposed the name of Puttappa, Kalavathi, Shanthamma and Savitha have committed the offences. In the First Information Report along with the accused, Puttappa, Kalavathi, Shanthamma, Savita also named as accused but while submitting the charge sheet, police have not included the said persons as accused. It is stated that PW.1 in his evidence deposed that accused came along with Puttappa, Kalavathi, Shanthamma, Savita and abused him in filthy language and Dhanyakumar and Puttappa gave life threat to PW.1, hence, the said persons also be tried as accused No.3 to 6 along with other accused. With these averments the Learned APP prayed to allow the application. 2. Thereafter this Court issued notice to the proposed accused No.3 to 6. The proposed accused No.3 to 6 appeared through their counsel and filed objections to the said application wherein they denied the contents of the application filed by the Learned APP. It is stated that the proposed accused No.3 is the retired school teacher and heart patient, the proposed accused No.4 is aged about 60 years and diabetic patient, the proposed accused No.5 is aged about 85 years and he is bed ridden and the proposed accused No.6 is residing at Bengaluru with her husband and children. The said proposed accused No.3 to 6 are not - 5 - HC-KAR NC: 2025:KHC:26742 CRL.P No. 7437 of 2025 at all involved in the incident and the PW.1 only in order to harass the said persons has falsely stated their names in his evidence. Hence, the investigating officer at the time of submitting the charge sheet has clearly comes to the conclusion that there is no involvement of the said proposed accused No.3 to 6 and accordingly filed charge sheet against the other accused. Hence, prayed to reject the application. REASONS 3. It is to be noted is that PW.1 has stated that the name of Puttappa, Kalavathi, Shanthamma and Savitha. It is stated in his evidence that – “ಆಗ ಾನು ದಲು ನಮೆ ಖೕೆ ೊರುವ ಾಗವನು ಅಳೆ ಾೊ ನಂತರ "ಮ# ಾಗವನು ಅಳೆ ಾೊ$% ಎಂದು 'ೇ$ದು(, ಆಗ ಪ*ಟಪ,, ಧನ.ಕುಾರ, 0ವಪ,, ಕ1ಾವ2, 3ಾಂತಮ#, ಸ5ಾ ರವರು ಏಾಏ7 ಬಂದು ಗ1ಾ9ೆ ಾ ನನೆ ಅ:ಾಚ. ಶಬ(ಗ$ಂದ =ೈದು ಏನು ಾೊಳ?%2@ೕAಾ ಾೋ ಾವ* ಅಳೆ ಾಸುೆ@ೕ:ೆ ಎಂದು 'ೇ$, ಧನ.ಕುಾರ ರವರು ಾರು2, ಗೆಪ,, ೆಂಚಮ#, 'ೇಮ0Bೕ ಮತು@ ನನೆ ೈCಂದ 'ೊDೆರುಾ@ೆ." On perusal of the materials on record it appears that, there are allegations against the proposed accused No.3 to 6 by the PW.1, who is the complainant. Hence, it is just and necessary to implead them as accused No.3 to 6 in this case. With these observations, this Court proceed to pass the following: O R D E R The application filed by the prosecution U/Sec.319 of Cr.P.C., for impleading proposed accused No.3 to 6 as accused No.3 to 6 is hereby allowed. - 6 - HC-KAR NC: 2025:KHC:26742 CRL.P No. 7437 of 2025 Issue summons to accused No.3 to 6. Call on 11-02-2025." 3. A perusal of the impugned order would indicate that the same is cryptic, laconic, non-speaking and unreasoned order directing the application to be allowed by extracting only few sentences from the evidence of PW.1, without appreciating that the said evidence was not sufficient for the purpose of coming to the conclusion that the application was to be allowed without considering the other material on record. In other words, the impugned non-speaking order passed by the Trial Court allowing the application filed by the prosecution under Section 319 of Cr.P.C being unreasoned and without application of mind, the same deserves to be set aside and consequently, in the light of the judgment of the Hon'ble Apex Court in Hardeep Singh vs. State of Punjab and others [(2014) 3 SCC 92], 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 the prosecution under Section 319 of Cr.P.C. and to proceed further in accordance with law. - 7 - HC-KAR NC: 2025:KHC:26742 CRL.P No. 7437 of 2025 4. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 29.01.2025 passed by the II Additional Civil Judge and JMFC, Harihara in C.C.No.1357/2021 is set aside. (iii) The matter is remitted back to the Trial Court for reconsideration of the application filed by the prosecution under Section 319 of Cr.P.C., afresh and in accordance with law. (iv) In view of disposal of the petition, I.A.No.1/2025 filed for stay does not survive for consideration and the same stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE PMR List No.: 1 Sl No.: 29