SRI KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein who is summoned as Additional accused in Spl. (A) No. 5/2006. On the file of the learned Sessions Judge and Special Judge al Shivamogga by order dated 2.1.2010 passed on the application filed under Section 319 Cr.P.C. by the prosecution has challenged in tins petition filed under Section 482 Cr.P.C., the correctness of the said order.

(2.) Though this matter is listed today for admission, having n regard 10 the nature of the relief sought for and the facts and circumstances of the case before the Trial Court, it is taken for final disposal and argument of Sri Manjunath Pattan Shetty the learned Counsel for the petitioner and Sri Vijay kumar Majage, the learned High Court Government Pleader are heard. Perused the Impugned Order, the charge framed against the accused therein, depositions of PWs. 1 & 2 and statements of charge sheet witnesses.

(3.) The Trial Court has framed charge against accused Nos. 1 to 3 therein for the of offence punishable under Section 3(1)(X) and SC and ST (Provisions of Atrocities Act, 1989) hereinafter referred to as 'Atrocities Act' for short). After PWs. 1 to 3 came to be examined the petitioner filed application under Section 319 Cr.P.C. seeking summons to the present, petitioner namely Kumar as additional alleging that he married one Rajeshwari the sister of PW1 complainant Thimappa and prior to his marriage with her he caused miscarriage on two occasions and therefore, lie committed an offence punishable under Section 312 of IPC By its impugned Order the Trial Court allowed the said application and issued summons to the present petitioner for the said offence.