SIDDALINGESHWARAYYA GANGAYYA HIREMATH v. THE STATE OF KARNATAKA & Ors.

(BY SRI. D.M.MALLI, ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH, THROUGH JAMAKHANDI RURAL POLICE STATION, TQ: JAMKHANDI, DISTRICT: BAGALKOT. (BY SRI. S.V.MAGADUM, AGA) …PETITIONERS …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO CLUB THE CRIMINAL PROCEEDINGS IN C.C.NO. 1570/2021 AND 1578/2021 PENDING ON THE FILE OF THE HON’BLE PRL. CIVIL JUDGE AND JMFC, JAMKHANDI ARISING OUT OF JAMKHANDI RURAL POLICE STATION IN CRIME NO.0016/2021 AND CRIME NO.0017/2021 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 279, 304(4) OF THE INDIAN PENAL CODE AND 3, 181, 5, 180, 187 OF INDIAN MOTOR VEHICLE ACT, 1988, AGAINST THE PETITIONERS HEREIN, WHO HAVE BEEN ARRAYED AS ACCUSED NO.1 AND 2 IN THE BOTH CRIMINAL CASE, IN THE INTEREST OF JUSTICE, EQUITY AND GOOD CONSCIENCE. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:9056 WP No. 104757 of 2024 HC-KAR THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard the learned counsel for the petitioner and the learned AGA for the respondent State.

This petition is filed by the petitioners seeking prayer to club the criminal proceedings in CC No.1570/2021 and 1578/3021, pending on the file of the Principal Civil Judge and JMFC, Jamkhandi, arising out of Jamkhandi Rural Police Station in Crime No.0016/2021 and Crime No.0017/2021, for the offences punishable under Sections 279, 304(4) of IPC and Sections 3, 181, 5, 180, 187 of the Motor Vehicles Act, 1988, wherein the petitioners herein were arrayed as accused Nos. 1 and 2 in the two criminal cases.

The petitioners are aggrieved by two complaints and FIRs registered by the same police station, i.e., Jamkhandi Rural Police Station, on different complaints by - 3 - NC: 2025:KHC-D:9056 WP No. 104757 of 2024 HC-KAR different complainants, i.e., one Ravi Chandappa Kamble and one Kareppa Siddappa Bidari, which are pending before the Learned Additional Senior Civil Judge and JMFC, Jamkhandi, in CC Nos.1570/2021 and 1578/2021 for the offences punishable under Sections 279, 304(4) of IPC and Sections 3, 181, 5, 180, 187 of the Motor Vehicles Act,

Though the petitioners have made several allegations and urged several contentions in the petition, the sum and substance of the petition is that, they want both the cases to be tried and clubbed together, as they arise out of the same alleged crime. It is contended that, if both the matters are taken up together, there would be a reduction in multiplicity of proceedings, and it would save the time of the Court and make it easier to conduct the trial. It is also contended that, the precious time of the Court will be saved, and so also both the parties can appear on one particular day in both the matters, which arise out of the same offences. - 4 - NC: 2025:KHC-D:9056 WP No. 104757 of 2024 HC-KAR

Learned AGA submits the same permissible in law under Section 246 of Bharatiya Nagarik Suraksha Sanhita, 2023.. Under the circumstances, he does not have any serious objection if both the cases are tried together, as they are pending in the same Court for the same crimes and offences.

Section 246 of the of Bharatiya Nagarik Suraksha Sanhita, 2023, is extracted hereunder for easy understanding: Section 246. What persons may be charged jointly, The following persons may be charged and tried together, namely: (a) persons accused of the course of same offence the same committed transaction; (c) (b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence; persons accused of more than one offence of the same kind, within the meaning of section 242, committed by them jointly within the period of twelve months; (d) persons different accused offences the same committed transaction; the course of - 5 - NC: 2025:KHC-D:9056 WP No. 104757 of 2024 HC-KAR cheating, extortion, (e) persons accused of an offence which includes theft, criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence; persons sub-sections (2) and (5) of section 317 of the BNSS, or either of those sections, in respect of stolen property the possession of which has been transferred by one offence; offences accused (f) (g) persons accused of any offence under Chapter X of the BNSS relating to counterfeit coin, and persons accused of any other offence under the same chapter relating to the same coin, or of abetment of or attempting to commit such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges:. Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified above, the Magistrate or Court of Session may, if such persons by a written application so desire, and if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.

In view of the aforesaid provision, which permits the trial to be conducted jointly, where the persons are accused of the same offence, committed in the course of the same transaction, they could be tried - 6 - NC: 2025:KHC-D:9056 WP No. 104757 of 2024 HC-KAR jointly by the same Court, as it arises out of the same offence.

Under the circumstances, this petition deserves to be allowed. Accordingly, I pass the following: i. ii. ORDER Petition is allowed. The Trial Court is directed to club the matter and try two cases together, namely, CC No.1570/2021 and CC No.1578/2021 for the offences punishable under Sections 279, 304(4) of IPC and Sections 3, 181, 5, 180, 187 of the Motor Vehicles Act, 1988, in accordance with law. Sd/- (PRADEEP SINGH YERUR) JUDGE Ct:MCK List No.: 1 Sl No.: 3