- 1 - HC-KAR NC: 2025:KHC-D:9672 CRL.P No. 104262 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 104262 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: SIDDHALINGESHWAR S/O HOLIYAPPAGOUDA PATIL, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: LAKKUNDI, TQ: AND DIST: GADAG-582 115. … PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY GADAG RURAL P.S., REP. BY SPP, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580 011. 2. SMT. NAGAMMA W/O MANJUNATH HALINAVAR, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O: LAKKUNDI, TQ: AND DIST: GADAG-582 115. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 15.07.2022 PASSED BY THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE GADAG THEREBY ALLOWING THE APPLICATION FILED UNDER SECTION 319 OF CR.P.C. IN SO FAR AS THIS PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9672 CRL.P No. 104262 of 2022 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.9 is before this Court under Section 482 of Cr.P.C, with a prayer to quash the order dated 15.07.2022 passed by the Court of Addl. District & Sessions Judge, Gadag in Spl.SC/ST case No.10/2018, wherein the application filed by the prosecution under Section 319 of Cr.P.C., is allowed. 2. Heard the learned counsel for the parties. 3. Perusal of material on record would go to show that, FIR in Crime No.80/2018 was registered by Gadag Rural Police Station for the offences punishable under Sections 143, 504, 506, 109 R/w 149 of IPC and Section 3(2)(va) of SC/ST (POA) Amendment Act, 2015 against Devappa and others. The petitioner is arraigned as accused No.9 in the FIR. After completing investigation, charge sheet was filed only as against three persons. The petitioner was not named in the charge sheet. During the course of trial, the defacto complainant was examined as PW.1. Based on the statement made by PW.1 during the course of his examination-in-chief, an application under Section 319 of Cr.P.C, which was filed by the prosecution was allowed vide the order impugned by the learned Sessions Judge. Aggrieved by the same, the petitioner is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:9672 CRL.P No. 104262 of 2022 4. The power conferred under Section 319 of Cr.P.C, can be exercised by the trial Court in exceptional circumstances solely based on the evidence placed before the Court during the course of trial. In the present case, during the course of trial, the defacto complainant was examined as PW.1 and according to the prosecution, in her examination-in-chief, PW.1 has spoken about the presence of other accused named in the FIR at the spot of crime and also about the role played by them in committing the crime. It appears that it is under these circumstances, an application was filed under Section 319 of Cr.P.C., by the prosecution. 5. The trial Court without assigning any reason has allowed the said application by passing an order in the order sheet maintained by the trial Court. The evidence placed before the Court during the course of trial should be of such nature that if it remains uncontraverted, the same should lead to conviction of accused. In the present case, trial Court has not referred to evidence that has come into existence during the course of trial which is the basis to allow the prayer made in the application filed by the prosecution under Section 319 of Cr.P.C., 6. The Hon’ble Supreme Court in the case of RAMESH CHANDRA SRIVASTAVA V. STATE OF UTTAR - 4 - HC-KAR NC: 2025:KHC-D:9672 CRL.P No. 104262 of 2022 PRADESH, (2021) 12 SCC 608 in paragraph No.10 has observed as follows:- ‘10. We say this for the following reason : The test as laid down by the Constitution Bench of this Court for invoking power under Section 319CrPC inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 CrPC should be exercised. The power cannot be exercised in a casual and cavalier manner. The test to be applied, as laid down by this Court, is one which is more than prima facie case which is applied at the time of framing of charges. 7. A reading of order impugned would go to show that, absolutely there is no application of mind by the learned Sessions Judge and the order impugned has been passed in a casual manner. The consequence of allowing an application under Section 319 of Cr.P.C, is serious and therefore the order impugned, which is not supported by any reason by the trial Court cannot be sustained. 8. Accordingly, the following:- ORDER a) Criminal petition is allowed. b) The order impugned dated 15.07.2022 passed by the Court of Addl. District & Sessions Judge, Gadag in Spl. SC/ST case No.10/2018 is set - 5 - HC-KAR NC: 2025:KHC-D:9672 CRL.P No. 104262 of 2022 aside and the trial Court is directed to re- consider the application filed by the prosecution under Section 319 of Cr.P.C, and pass fresh order, in accordance with law. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK