Wife of accused cannot be implicated solely for residing with him, says K'taka HC

Bengaluru: The Karnataka High Court stated that an accused’s spouse cannot be charged in a criminal case without specific allegations of involvement.

The single judge bench of Justice M. Nagaprasanna made this observation while dismissing a petition by R. K. Bhat, who sought to add the wife of accused Norbert D’Souza as a co-accused in a case related to the manufacturing and storage of spurious liquor.

Justice Nagaprasanna emphasized that the absence of any accusation directly linking D’Souza’s wife to the crime means she cannot be implicated solely for residing with him. The judge also pointed out that bringing in a co-accused at a pre-trial stage, without substantial evidence, is legally unsound, referencing Supreme Court judgments that restrict such applications under Section 319 of the Criminal Procedure Code (CrPC).

The case originates from a complaint registered in April 2020 by the Karnataka Excise Department, alleging violations of the Karnataka Excise Act. During an inspection, excise officials reportedly found large quantities of spurious liquor and related manufacturing equipment in the backyard of D’Souza’s home in Kodman village, Bantwal taluk, Dakshina Kannada district. Following this, a chargesheet was filed against D’Souza and two other individuals.

In November 2022, Bhat filed an application to add D’Souza’s wife as accused No. 4, arguing she was aware of the alleged illicit activities. However, the trial court dismissed his application, citing insufficient grounds for implication. Bhat then appealed to the sessions court, which upheld the trial court’s decision in June 2024, leading him to approach the high court.

The high court ruling highlighted the misuse of Section 319 at a pre-trial stage, indicating that Bhat’s application appeared to carry a personal motive. In its remarks, the court reiterated the need for precise allegations and evidence before adding an individual as an accused in a criminal case.