- 1 - HC-KAR NC: 2025:KHC-K:3431 CRL.A No. 2162 of 2016 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL APPEAL NO.2162 OF 2016 (374(Cr.PC)/415(BNSS)) BETWEEN: 1. REVANASIDDAPPA S/O VITHAL RAO PANCHAL, AGE:35 YEARS, NOW 40 YEARS, R/O. JAMAGA (B) TQ. DIST. GULBARGA, AT PRESENT BASAVARAJ AGGI’S HOUSE, MAKTAMPUR, (KALABURAGI) GULBARGA-585103. ABETTED AS PER ORDER DATED 14.03.2024. 2. JAMEER S/O SHABDAR HUSSAINI KARINACHI, AGED ABOUT 27 YEARS, NOW 32 YEARS, OCC: DRIVER, R/O. MARTUR TQ. AND DIST. GULBARGA, NOW AT CAR STAND, HEAD POST OFFICE, (KALABURAGI)GULBARGA-585101. 3. NAGARAJ @ NAGU S/O. PANCHAKSHARAYYA SWAMY, AGE:19 YEARS, NOW 24 YEARS, R/O. DUMMANSOOR TQ. HUMNABAD, DIST. BIDAR, AT PRESENT, R/O. BEHIND POLICE QUARTERS, MAHALAXMI LAYOUT, NEAR PRABHU PHOTO STUDIO, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3431 CRL.A No. 2162 of 2016 (KALABURAGI) GULBARGA 585101. ABETTED AS PER ORDER DATED 14.03.2024. …APPELLANTS (BY SRI HANAMANTRAYA SINDHOL, ADVOCATE FOR A2; V/O DATED 14.03.2024 A1 AND A3 ARE STANDS ABATED) AND: THE STATE OF KARNATAKA, REPRESENTED BY, CHOWK POLICE STATION, KALABURAGI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01 …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP) THIS CRL.A. IS FILED UNDER SECTION 374 CR.P.C PRAYING TO ALLOW THE APPEAL AND ACQUIT BOTH THE APPELLANTS BY SETTING ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND ORDER OF SENTENCE PASSED BY THE LEARNED III ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT KALABURAGI IN S.C.NO.190/2011 FOR OFFENCES PUNISHABLE UNDER SECTION 307, 395, 365, 380, 457 AND 506 OF IPC DATED 02.12.2016 AND CONVICTION ORDER DATED 06.12.2016 IS PRODUCED AT ANNEXURE-A, FOR THE REASONS STATED ABOVE. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:3431 CRL.A No. 2162 of 2016 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Hanamantraya Sindhol, learned counsel for appellant No.2/accused No.3 and Sri Veeranagouda Malipatil, learned High Court Government Pleader for the respondent – State. 2. At the outset, learned counsel for the appellant files a memo with copy of the judgment passed by the Coordinate Bench in Criminal Appeal No.200009/2017 dated 18.03.2025. 3. This Court perused the judgment passed by the Coordinate Bench in the said case. 4. Present appellant No.2 is accused No.3 in Special Case No.190/2011, on the file of III Additional District and Sessions Judge, Kalaburagi. The appellant No.2 and others were charged for the offences punishable - 4 - HC-KAR NC: 2025:KHC-K:3431 CRL.A No. 2162 of 2016 under Sections 365, 506, 395, 307, 457 and 380 of IPC. They stood for trial and learned Trial Judge after due trial, convicted the appellant No.2/accused No.3 and others for the aforesaid offences and sentenced as under: “The accused. Nos. 1 to 3 and 5 are convicted and sentenced U/sec.235 (2) of Code of Criminal Procedure The accused Nos. 1 to 3 and 5 shall suffer Simple Imprisonment for 10 years and to pay fine of Rs.5000/- each. In default of payment of fine, they shall suffer Simple Imprisonment for one year for the offence punishable U/sec.307 of Indian Penal Code. The accused Nos. 1 to 3 and 5 shall suffer Rigorous Imprisonment for 10 years and to pay fine of Rs.5000/- each. In default of payment of fine, they shall suffer Simple Imprisonment for one year for the offence punishable U/sec. 395 of Indian Penal Code. The accused Nos. 1 to 3 and 5 shall suffer Simple Imprisonment for 7 years and to pay fine of Rs.3000/- each. In default of payment of fine, they shall suffer Simple Imprisonment for nine months for - 5 - HC-KAR NC: 2025:KHC-K:3431 CRL.A No. 2162 of 2016 the offence punishable U/sec. 365 of Indian Penal Code. The accused Nos. 1 to 3 and 5 shall suffer Simple Imprisonment for 7 years and to pay fine of Rs.3000/- each. In default of payment of fine, they shall suffer Simple Imprisonment for nine months for the offence punishable U/sec.380 of Indian Penal Code. The accused Nos. 1 to 3 and 5 shall suffer Simple Imprisonment for 5 years and to pay fine of Rs.2000/- each. In default of payment of fine, they shall suffer Simple Imprisonment for six months for the offence punishable U/sec.457 of Indian Penal Code. The accused Nos. 1 to 3 and 5 shall suffer Simple Imprisonment for 2 years and to pay fine of Rs.1000/- each. In default of payment of fine, they shall suffer Simple Imprisonment for three months for the 10 offence punishable U/sec.506 of Indian Penal Code. The sentence of imprisonment passed against the accused shall run concurrently. - 6 - HC-KAR NC: 2025:KHC-K:3431 CRL.A No. 2162 of 2016 The period of detention spent by accused in judicial custody shall be set off against the sentence of imprisonment. The accused Nos. 1 to 3 were in judicial custody from 3.3.2010 to 4.6.2010 and accused No.5 was in judicial custody from 4.3.2010 to 7.6.2010. After deposit of fine amount sum of Rs.50,000/- shall be paid to the PW.1 - victim as compensation. The orders of release MOs. 1 to 21 valuable articles in favour of PW.1 and MO.25 TATA Sumo bearing No.MH-04/AA-373 released to the interim custody of its registered owner shall be made absolute. MO.23 and two Nokia Mobiles at Sl.No.22 & 23 subjected PF No.22/2010 dated 3.3.2010 shall be confiscated to the Government after expiry of appeal period. Furnish the copy of Judgment to the accused Nos. 1 to 3 and 5 free of costs forthwith. Issue conviction warrant accordingly.” - 7 - HC-KAR NC: 2025:KHC-K:3431 CRL.A No. 2162 of 2016 5. Being aggrieved by the same, present appellant along with other accused persons filed a common appeal and one Prakash, who was accused No.2 filed a separate appeal. 6. During the dependency of the present appeal, appellant Nos.1 and 3/accused Nos.1 and 5 namely, Revanasiddappa and Nagaraj @ Nagu died and therefore, the appeal against them stood abated. 7. On perusal of the judgment passed by the Coordinate Bench, this Court is of the considered opinion that the present appellant being only the driver of the vehicle in question, the order of conviction recorded by the Judge in the Trial Court needs to be set aside by giving the benefit of the reasons assigned by the Coordinate Bench while allowing the appeal of accused No.2 and aquitting him for the aforesaid offences. 8. Learned Judge in the Coordinate Bench has taken into consideration that there was no recovery of the - 8 - HC-KAR NC: 2025:KHC-K:3431 CRL.A No. 2162 of 2016 stolen articles or robbed articles from accused No.2 and then granted the benefit to accused No.2. 9. It is also observed by the learned Judge in the Coordinate Bench that there was no Test Identification Parade and PW.1 did not identify accused Nos.2 to 5 and he had never seen accused Nos.2 to 5 earlier to the incident. 10. The said reasoning is equally applicable to the present appellant No.2, who is only the driver of the vehicle, which is said to have been used in the incident. Accordingly, this Court is of the considered opinion that the present appeal also needs to be allowed. 11. Hence, following order is passed: ORDER a) Criminal appeal is allowed. b) The judgment of conviction and order of sentence dated 02.12.2016 passed in - 9 - HC-KAR NC: 2025:KHC-K:3431 CRL.A No. 2162 of 2016 Special Case No.190/2011 by the learned III Additional District and Sessions Judge, Kalaburagi, convicting the present appellant No.2/accused No.3 for the offences punishable under Sections 365, 506, 395, 307, 457 and 380, is hereby set aside. c) Bail bonds, if any, stands discharged. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 53 CT:PK