- 1 - HC-KAR NC: 2025:KHC:20789 CRL.P No. 463 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 463 OF 2025 BETWEEN: KUMARASWAMY, S/O LATE VEERAPPA, AGED ABOUT 48 YEARS, ADVOCATE, R/AT GOVINDANA HALLI VILLAGE, KIKKERI HOBLI, MANDYA DISTRICT – 571 423. …PETITIONER (BY SRI. RAJU C.N., ADVOCATE) AND: 1. STATE BY KIKERI POLICE, MANDYA. REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA AT BANGALORE. PIN CODE NO. 560 001. 2. LINGAPPA, S/O BASAPPA, AGED ABOUT 67 YEARS, RESIDING AT GOVINDANA HALLI VILLAGE, KIKKERI HOBLI, MANDYA DISTRICT PIN CODE. 571 423. …RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, HCGP FOR R-1; R-2 -SERVED AND UNREPRESENTED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20789 CRL.P No. 463 of 2025 THIS CRL.P. IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, KRISHNARAJPET, IN C.C.NO.762/2014 DATED 05.02.2024, AND IN CRL.RP.NO.5005/2024 DATED 28.11.2024 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANDYA (SITTING AT SRIRANGAPATNA) ARISING OUT OF CRIME NO.114/2012 OF KIKERI POLICE MANDYA, FOR THE OFFENCE P/U 193 AND 420 OF IPC, BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE. THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following relief: " WHEREFORE, the petitioner above named most humbly prays that this Hon'ble Court may be pleased to set aside the order passed by the Senior Civil Judge and JMFC, Krishnarajpet, in C.C.No.762/2014 dated 05.02.2024, and in Crl.RP.No.5005/2024 dated 28.11.2024 passed by the III Additional District and Sessions Judge at - 3 - HC-KAR NC: 2025:KHC:20789 CRL.P No. 463 of 2025 Mandya (sitting at Srirangapatna) arising out of Crime No.114/2012 of Kikeri Police Mandya, for the offence p/u/s 193 and 420 of IPC, by allowing this petition in the interest of justice." 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 - State. Respondent No.2 is served but un- represented. 3. A perusal of the material on record will indicate that on 20.06.2012, the second respondent -complainant filed a complaint against accused No.4 and eight others which was registered in FIR in Crime No.114/2012 for the offences punishable under Sections 193 and 420 of IPC. Subsequently, the respondent No.1 - Police authorities having filed charge sheet, the proceedings are currently pending in C.C.No.762/2014 before the Trial Court in which the petitioner is arraigned as accused No.4. 4. In the said proceedings, the petitioner - accused No.4 filed the instant application seeking discharge under - 4 - HC-KAR NC: 2025:KHC:20789 CRL.P No. 463 of 2025 Section 239 of Cr.P.C which was rejected by the Trial Court vide impugned order dated 05.02.2024 in C.C.No.762/2024 and confirmed by the Sessions Court vide order dated 28.11.2024 passed in Criminal Revision Petition 5005/2024. Aggrieved by the impugned orders passed by the Trial Court as well as the revisional Court declining to discharge the petitioner/accused No.4 from the proceedings, petitioner is before this Court by way of the present petition. 5. A perusal of the material on record comprising of the complaint/FIR, charge sheet materials, statement of witnesses, documents etc., will indicate that the accused No.2 who issued the Wound Certificate, has admitted in his statement that, inadvertently, he issued the said Wound Certificate, wrongly incriminating the petitioner for the alleged offences, which indicates that the injuries are not grievous in nature but the same are only simple injuries. In addition thereto, the material on record also does not disclose the commission of the offences by the - 5 - HC-KAR NC: 2025:KHC:20789 CRL.P No. 463 of 2025 petitioner as alleged and both the Trial Court as well as the Sessions Court have not properly considered or appreciated the material on record, which is sufficient to come to the conclusion that the petitioner/accused No.4 is entitled to be discharged from the impugned proceedings. 6. Under these circumstances, upon re-appreciation, re-evaluation and re-consideration of the entire material on record, I am of the view that, both the Trial Court as well as the Sessions Court have committed various errors of law and fact, warranting interference by this Court in the present petition. 7. In the result, I pass the following: ORDER i) The Petition is hereby allowed. ii) The order dated 05.02.2024 passed by the learned Senior Civil Judge and JMFC, Krishnarajpet in C.C.No.762/2024 vide Annexure A and the order dated 28.11.2024 - 6 - HC-KAR NC: 2025:KHC:20789 CRL.P No. 463 of 2025 passed by the learned III Additional District and Sessions Judge, Mandya (Sitting at Srirangapatna) in Crl.R.P.No.5005/2024 vide Annexure B, qua the petitioner, are hereby set aside; iii) The application filed by the petitioner/ accused No.4 under Section 239 of the Cr.P.C., seeking discharge of the offence punishable under Sections 193 and 420 of IPC is hereby allowed. iv) The petitioner/accused No.4 is discharged from the impugned proceedings. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 35