- 1 - HC-KAR NC: 2025:KHC:29144 CRL.RP No. 1381 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1381 OF 2018 BETWEEN: K ANANDA @ KEBBALLI ANANDA, S/O LATE K B KEMPEGOWDA, R/AT NO.740, 8TH CROSS, CHAMUNDESHWARI NAGARA, MANDYA - 541 104, PERMANENT R/AT KEBBALLI, KEREGODU HOBLI, MANDYA TALUK - 541 104. …PETITIONER (BY SRI LAKSHMIKANTH K, ADVOCATE) AND: STATE OF KARNATAKA REP. BY CENTRAL BUREAU OF INVESTIGATION. BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01 …RESPONDENT (BY SRI RAHUL KRISHNA REDDY P, ADVOCATE FOR SRI. PRASANNA KUMAR P, SPL. PP) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 20.09.2018 PASSED IN SPL.C.C.NO.536/2015 BY THE LEANED XLVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT FOR CBI CASES, BANGALORE ON THE APPLICATION FILED U/S 319 OF CRPC AND ALLOW THE APPLICATION AS PRAYED FOR. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29144 CRL.RP No. 1381 of 2018 CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. This petition is filed against the order rejecting the application filed under Section 319 of Code of Criminal Procedure. The petitioner was arrayed as accused No.1 in Special C.C. No.536/2015 on the file of Sessions Judge and Special Judge for CBI Cases, Bengaluru. 3. The application was filed under Section 319 of Code of Criminal Procedure before commencement of the trial. The application was rejected by the Trial Court. Then the petitioner filed the present petition. This Court could not have granted any stay order. In the meantime, the trial has progressed. The case is at the stage of recording the evidence of the accused under Section 313 of the Code of Criminal Procedure. 4. Learned counsel for the petitioner would submit that the persons sought to be arrayed as accused are the - 3 - HC-KAR NC: 2025:KHC:29144 CRL.RP No. 1381 of 2018 persons who committed the offence and not the petitioner. It is his submission that the amount in question is transferred to the account of the persons who are now sought to be arrayed as accused pursuant to an application to Section 319 of Code of Criminal Procedure Code. It is submitted that unless those persons to whose account, the amount is credited are not arrayed as accused, the petitioner will be put to hardship and the defence of the petitioner will be jeopardised. 5. Learned counsel for respondent on the other hand would submit that the application is not maintainable. It is his submission that the persons who are sought to be arrayed as accused are also shown as witnesses in the charge sheet filed by the respondent. 6. Learned counsel would also place reliance on the judgment of this Court in Crl.P. No.100663/2025 to contend that the accused lacks locus standi to file such application. 7. Learned counsel for the petitioner referring to the judgment of the Apex Court in Dharampal Singh - 4 - HC-KAR NC: 2025:KHC:29144 CRL.RP No. 1381 of 2018 Choudhary vs Central Bureau Of Investigation1 and would submit that even the accused has the locus to file the application to array the accused. 8. Learned counsel for the respondent would submit that the judgment in Dharampal Singh Choudhary, supra is considered by the larger Bench and the matter is remitted back to the High Court. 9. This Court has considered the contentions raised at the bar and perused the records. 10. It is not in dispute that the persons who are sought to be arrayed as accused are shown as witnesses in the charge sheet. Some of them have been examined and some of them have not been examined. The accused has cross-examined the witnesses who have been named in the charge sheet and who are sought to be arrayed as the accused. 1 Criminal Appeal No.877/2014 (SLP (Crl.) No.2690/2005. - 5 - HC-KAR NC: 2025:KHC:29144 CRL.RP No. 1381 of 2018 11. This being the position, this Court does not find any prejudice being caused to the accused and at this stage of the matter. This Court is of the view that no case is made out to array those persons as accused in the proceeding before the Trial Court. 12. It is always open to the Trial Court to consider after considering all the material evidence on record as to whether any other person should be arrayed as accused without expressing anything on the guilt or otherwise of the persons sought to be arrayed as accused, this Court decline to interfere with the impugned order passed by the Trial Court. 13. Accordingly, with the above observations, the petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 2 Sl No.: 21