KARNATAKA HIGH COURT: WIFE CANNOT BE MADE CO-ACCUSED MERELY FOR STAYING WITH HUSBAND WHO INVOLVED IN CRIME, STRONGER EVIDENCE NEEDED UNDER SECTION 319 CRPC

The Karnataka High Court in the case observed and has stated that an application filed under section 319 of Code of Criminal Procedure, 1973, CrPC which provides to bring in another person accused in the case cannot be exercised at a pre-trial stage.

A Single judge bench headed by Justice M Nagaprasanna in the case observed and has dismissed the petition filed by one R K Bhat who is the complainant in the case wherein seeking to implead one Shanthi Roache as a co-accused in a case registered against her husband Norbert D'Souza for offences punishable under provisions of Karnataka Excise Act.

The court in the case stated that the power under section 319 of Code of Criminal Procedure, CrPC cannot be exercised at a pre-trial stage, as to bring in another accused. There needs to be some evidence the trial must commence.