Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4670 CRL.A No. 31 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 31 OF 2023 BETWEEN:
SRI MANUKUMAR S/O MANJUNATH AGED ABOUT 30 YEARS AGRICULTURIST/DRIVER R/AT MALLEDEVARAHALLI VILLAGE CHIKKAMAGALURU TALUK - 577 101. …APPELLANT
(BY SRI SWAROOP N, ADVOCATE FOR SRI VINOD GOWDA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY MUDIGERE POLICE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2. JAGADEESHA S/O MAHADEVAPPA SHETTY AGED ABOUT 50 YEARS AGRICULTURIST.
3. MAHESHWARAPPA S/O MAHADEVAPPA SHETTY AGED ABOUT 59 YEARS AGRICULTURIST.
BOTH ARE R/O MALLEDEVARAHALLI VILLAGE R/AT KASABA HOBLI
Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4670 CRL.A No. 31 of 2023
CHIKKAMAGALURU TALUK - 577 101. …RESPONDENTS
(BY SMT. N ANITHA GIRISH, HCGP FOR R1)
THIS CRL.A IS FILED UNDER SECTION 372 Cr.PC PRAYING TO SET ASIDE THE ACQUITTAL OF THE JUDGMENT DATED 30.09.2022 PASSED IN CRL.A.No.102/2021 ON THE FILE OF II ADDL.SESSIONS JUDGE, CHIKKAMAGALURU AND ALSO SET ASIDE THE JUDGMENT DATED 18.06.2019 PASSED IN C.C.No.692/2012 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C, AT CHIKKAMAGALURU AND CONVICT THE RESPONDENT No.2 AND 3 OF THE CHARGES LEVELED AGAINST THEM AND ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. This appeal is filed by the appellant – complainant challenging the judgment dated 30.09.2022 passed in Crl.A.No.102/2021 by the II Additional District and Sessions Judge, Chikkamagaluru and also to set-aside the
judgment dated 18.06.2019 passed in C.C.No.692/2012 by the I Additional Senior Civil Judge and J.M.F.C, Chikkamagaluru and convict respondent Nos.2 and 3.
2. Heard learned counsel for the appellant.
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NC: 2025:KHC:4670 CRL.A No. 31 of 2023
3. Respondent Nos.2 and 3 were the accused in C.C.No.692/2012 and they came to be acquitted by the
judgment dated 18.06.2019 for the offences under Sections 323, 324 and 504 r/w Section 34 of IPC. The said judgment of acquittal has been challenged by the complainant Sri.Manukumar (the appellant herein) before the Sessions Court in Crl.A.No.102/2021. The said Crl.A.No.102/2021 has been disposed of on merits by judgments dated 30.09.2022 affirming the judgment of acquittal passed in C.C.No.692/2012 dated 18.06.2019. The present appeal is the second appeal challenging the
judgment of acquittal filed under Section 378(4) of Cr.P.C. As the present appeal is the second appeal, it is not maintainable. Hence, the appeal is dismissed.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
GH List No.: 1 Sl No.: 36