STATE OF KARNATAKAversusNARSA REDDY

A                         STATE OF KARNATAKA
                                   v.
                             NARSA REDDY

                               AUGUST 14, 1987

B                      [A.P. SEN AND B.C. RAY, JJ.]

          Criminal Procedure Code, 1973-s.482-/nherent Powe.rs of                  -/"
    High Court-Power cannot be exercised so as to split trial of accused            (
    which is apt to cause miscarriage of justice and serious prejudice to
    prosecution.
c        While the respondent, alongwith another person, was being tried
   under ss. 302 and 201 read withs. 34 I.P.C., etc., for causing the death        y
  of his wife, the evidence recorded revealed the involvement of two police
  officials in the disposal of the dead body, and, they were also charged
  under s. 201 read withs. 341.P.C. and the trial was ordered to be held
D de novo against all the four accused. However, the trial could not
  proceed as the two police officials whose plea that, being public
  servants, it was necessary to obtain a sanction for prosecution under
  s. 197 Cr. P.C. for impleading them as accused, was rejected, appro-
  ached the High Court in Revision and obtained stay of the trial. The
  respondent applied for bail under s. 439(1), Cr. P.C. contending that
E the trial was unduly protracted, and on its rejection, approached the
  High Court in Revision. A Single Judge of the High Court rejected the           -4
  application for bail, vacated the stay granted by the High Court earlier             ·
  insofar as the respondent and the other person who was originally
  accused with him was concerned and directed the Sessions Judge to
  proceed with the trial as against them only.
F          Allowing the appeal, and, directing continuance of stay of the trial
    till the disposal of the Revision filed by the two police officials,

        HELD: It is somewhat strange that the learned Single Judge
  should have made a direction at all requiring the learned Sessions Judge
  to proceed with the trial as against the respondent and the other
G accused merely because there was stay granted by the High Court in the 'y
  Revision preferred by the two police officials. If he felt that the stay
  would prejudicially affect the respondent and the other accused and
  subject them to a protracted trial, the proper course was to have heard
  and disposed of the Revision filed by the two police officials rather than
  make a direction of this kind which would, result in the splitting up of
H the trial and is apt to cause miscarriage of justice, besides serious pre-

                                       968
                   STATE OF KARNATAKA v. N. REDDY [SEN, J.]                 969

       judice to the prosecution. From the nature of the prosecution case, it is   A
       quite apparent that the evidence to be led by the prosecution would be
       more or less common as it relates to the same occurrence. It could not
       be said that merely because the proceedings were held up due to stay
       gr.anted by the High Court the learned Single Judge could have taken
     l recourse to the inherent powers of the High Court under s. 482, Cr.


:r   r-r.c., or that it was necessary to do so either to prevent abuse of the
        process of Court or otherwise to secure ends of justice. [97IC-F]
                                                                                   B


r           CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
       No. 361 of 1987.

            From the Judgment and Order dated 26.3.1986 of the Karnataka
{      High Court in Crl. P.C. No. 69 of 1986.                                     C

             P.R. Ramasesh, Adv. for the Appellant.

             The Judgment of the Court was delivered by
                                                                                   D
               SEN, J. The question involved in this appeal by special leave is
         whether the High Court of Karnataka was justified in directing the
         Sessions Judge, Bidar to proceed with the trial of Sessions Case No. 23
         of 1984 insofar as it relates to the respondent Narsa Reddy and one
         Vaijinath, accused No. 2, arraigned for having committed alleged
         offences punishable under ss. 302 and 201 both n;ad withs. 34 of the
    )>.. Indian Penal Code, 1860 and ss. 3 and 4 of the Dowry Prohibition Act,     E
         1961.

             While issuing notice, we were not satisfied about the legality and
T pro1:!dety of the order passed by the learned Single Judge which had
       the effect of splitting up of the trial although the prosecution case
       against the accused arose out of the same incident and the evidence to F
       be led by the prosecution against them was more or less common. It
       also seemed to us that if the order passed by the learned Single Judge
       were to be implemented, the learned Sessions Judge would be
       constrained to proceed against the respondent and accused No. 2
       Vaijinath and thereby the very object of directing de nova trial would
     "fbe frustrated. At the hearing, no one appeared for the respondent and G
       therefore we did not have the benefit of hearing his counsel.

            The prosecution case, in brief, is as follows. On February 14,
       1984, at about 7 p.m., the respondent Narsa Reddy pushed his wife the
       deceased Jagdamba into a well situate in his garden to cause her death
       and he then with the help of accused No. 2, Vaijinath pulled her out of     H
    970                   SUPREME COURT REPORTS           [1987] 3 S.C.R.
                                                                              ~-
A the well and brought her to the house of the respondent where he
  assaulted her with a stick and thereafter strangulated her to death.
  After the committal, the Sessions case was posted for evidence and
  evidence of four witnesses was recorded. The testimony of PW 3
  Sangareddy and PW 4 Rangareddy revealed the involvement of Head
  Constable Govinda Rao and Police Constable John, who were cited as
B prosecution witnesses, in the disposal of the dead body of the decea:1
  sed, that they had also committed the offence under s. 20 l read with '
  s. 34 of the Indian Penal Code along with the other two accused. An
  application was accordingly filed by the learned Public Prosecutor
  under s. 319(4) of the Code of Criminal Procedure for impleading
  Head Constable Govinda Rao and Police Constable John as accused
C Nos. 3 and 4 in the Sessions case. On the said application, the learned
  Sessions Judge by his order dated August 22, 1985 ordered that Head          y
  Constable Govinda Rao and Police Constable John be impleaded as
  accused Nos. 3 and 4 for the offence under s. 201 read withs. 34 of the
  Indian Penal Code. He also ordered that a de nova trial would be held
  against the accused persons after reframing charges. Before the trial
D could proceed further, the newly impleaded accused Nos. 3 and 4 filed
  an application before the learned Sessions Judge contending that they )-·
  could not be impleaded as accused and that since they were public
  servants, sanction under s. 197 of the Code was required for their
  prosecution. The application of accused Nos. 3 and 4 was rejected by
  the learned Sessions Judge on October 28, 1985. Thereupon, Head
E Constable Govinda Rao and Police Constable John, impleaded as ,,/
  accused Nos. 3 and 4, preferred a revision being Criminal Revision
  No. 886 of 1985 before the High Court. The High Court has admitted
  the revision and granted stay of proceedings in the Sessions case. In
  the meanwhile, the respondent Narsa Reddy who had been arrayed as '('
  accused No. 1 made an application for bail under s. 439( 1) before the
F learned Sessions Judge contending that in view of the stay order
  granted by the High Court in Criminal Revision No. 886 of 1985, the
  trial of the Sessions case was unduly protracted and hence he should be
  released on bail, apart from the ground that no prima facie case has
  been made out against him.

G       The learned Sessions Judge by his order dated September 25,           '°'
  1985 rejected the application on the ground that earlier similar appli-
  cations for bail were rejected both by him as well as the High Court
  and it could not be said that the trial was protracted, merely because of
  stay granted by the High Court, observing that the case was likely to be
  concluded at an early date. Aggrieved, the respondent preferred a
H revision before the High Court. The learned Single Judge by his order
                   STATE OF KARNATAKA v. N. REDDY [SEN, J.l                 971

       dated March 28, 1985 rejected the application for bail under s. 439( l)    A
       of the Code, vacated the stay granted by the High Court in Criminal
       Revision No. 886 of 1985 insofar as the trial against the respondent
       and the aforesaid Vaijinath, accused No. 2 was concerned and directed
       the learned Sessions Judge to proceed with the trial against them as
       early as possible. Hence this appeal by special leave.
                                                                                    B
              We have no manner of doubt that the direction made by the
       learned Single Judge presumably exercising the inherent powers of the
       High Court under s. 482 of the Code of Criminal Procedure was wholly
       unwarranted. It is somewhat strange that the learned Single Judge
       should have made a direction at all requiring the learned Sessions
       Judge to proceed with the trial as against the respondent and accused C
       No. 2, Vaijinath merely because there was stay granted by the High
       Court in revision preferred by the co-accused Head Constable Gov-
       inda Rao and Police Constable John, accused Nos. 3 and 4 against the
       order passed by the learned Sessions Judge dated October 28, 1985
       rejecting the objection as to the validity of trial for want of sanction. If
       he felt that the grant of stay would prejudicially affect the respondent D
        and accused No. 2, Vaijinath and subject them to a protracted trial,
        the proper course for the learned Single Judge was tq have heard and
        disposed of the Criminal Revision No. 886 of 1985 rather than make a
        direction of this kind which would, in fact, result in splitting up of the
        trial which is apt to cause miscarriage of justice, besides serious pre-
        judice to the prosecution. From the nature of the prosecution case, it is E
        quite apparent that the evidence to be led by the prosecution would be
        more or less common as it relates to the same occurrence. It could not
        be said that merely because the proceedings before the learned Ses-
        sions Judge were held up due to stay granted by the High Court in that
        revision, the learned Single Judge could have taken recourse to the
        inherent powers of the High Court under s. 482 of the Code, or that it F
        was necessary to do so either to prevent abuse of the process of Court
        or otherwise to secure ends of justice. Any further delay in the trial
        could be prevented by taking up the revision for hearing.

            In the result, the appeal succeeds and is allowed. The order
\.if   passed by the High Court is set aside and the High Court is directed to     G
       hear and dispose of Criminal Revision No. 886 of 1985 as early as
       possible. In the meanwhile, the proceedings in Sessions Case No. 23 of
       1984 before the learned Sessions Judge shall remain stayed till the
       disposal of the revision.

       H.L.C.                                                  Appeal allowed.     H