HANUMANTHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though this case has been posted for admission, with the consent of the learned counsel appearing for the parties, the same is taken up for final hearing. The present revision petition has been filed by the petitioners/accused Nos.4 to 7 challenging the order passed by the I Additional District and Sessions Judge, Davangere, on application filed under Section 227 of Cr.P.C. in S.C.Nos.43/2017 and 85/2017 dated 2.12.017.

(2.) I have heard the learned counsel Sri S.G.Rajendra Reddy appearing for the petitioner and Sri.S.T.Naik, learned High Court Government Pleader appearing for the respondent-State.

(3.) It is the submission of the learned counsel appearing for the petitioner that the entire charge sheet material if it is read, except a word the accused persons have abetted, there presence is not stated and no overt acts have been stated and even at which place and time they have abetted the remaining accused persons has not been stated. He further submitted that all the family members of accused persons have been roped because of the civil disputes pending between the parties. He further submitted that except the said single sentence, prima facie no material has been made out as against the petitioners/accused Nos.4 to 7 so as to frame the charge. The trial Court on considering the said aspect has wrongly come to the conclusion and has dismissed the application. On these grounds he prayed to allow the petition and to set aside the order dated 2.12.2017.