- 1 - HC-KAR NC: 2025:KHC:35019 CRL.RP No. 766 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 766 OF 2016 BETWEEN: CHANDRAPPA @ CHANDRASHEKAR, S/O GIRIYAPPA, AGED ABOUT 47 YEARS, RESIDING AT GOVINDAPURA VILLAGE, JADIGENEHALL HOBLI, HOSKOTE TALUK BANGALORE RURAL DISTRICT, PIN CODE-562114. …PETITIONER (BY SRI MAHESHA P, ADVOCATE) AND: STATE OF KARNATAKA BY HOSKOTE POLICE, BENGALURU RURAL DISTRICT - 562114, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA T BENGALURU. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35019 CRL.RP No. 766 of 2016 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 06.09.2013 PASSED BY THR PRL. CIVIL JUDGE AND JMFC AT HOSKOTE IN C.C.NO.804/2009 CONVICTING THE PETR. AND SENTENCED TO UNDERGO S.I OF 3 MONTHS FOR THE OFFENCE PUNISHABLE 143,147,148,448 R/W 149, SENTENCED TO UNDERGO S.I PERIOD OF 3 MONTHS FOR THE OFFENCE U/S 323,504,506 R/W 149 OF IPC, SENTENCED TO UNDERO S.I FOR A PERIOD OF 6 MONTHS FOR THE OFFENCE P/U/S 324 R/W 149 OF IPC AND TO PAY COMPENSATION AMOUNT OF RS.5000/- TO THE INJURED PW2 AND PW3, AND ALSO SET ASIDE THE JUDGMENT PASSED ON 24.05.2016 IN CRL.A.NO.44/2013 BY THE HON'BLE PRL. S.J., BANGALORE RURAL DISTRICT, BANGALORE BY CONFIRMING THE CONVICTION AND SENTENCE FOR THE OFFENCE P/U/S 143,147,148,324,506 R/W 149 OF IPC OF THE JUDGMENT PASSED BY THR PRL. CIVIL JUDGE AND JMFC, HOSKOTE. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2025:KHC:35019 CRL.RP No. 766 of 2016 ORAL ORDER This petition is filed assailing the judgment in C.C.No.804/2009 on the file of the JMFC, Hoskote. In terms of the judgment dated 06.09.2013 six accused in the said case were convicted for offence under Sections 143, 147, 148, 448, 323, 504, 506, 324, 357(3) read with Section 149 of the Indian Penal Code. 2. Accused were sentenced to undergo simple imprisonment for three months for offence under Sections 323, 504, 506 read with Section 149 IPC and six months simple imprisonment for offence under Sections 324 read with Section 149 IPC. Rs.5,000/- compensation is ordered to be paid to prosecution witnesses 2 and 3 and victims of the alleged incident for the offence under Section 357(3). 3. Accused filed appeal in Crl.A.No.44/2013 before the Sessions Judge, Rural District, Bengaluru. In terms of the judgment dated 24.05.2016, the appeal was partly allowed and the conviction and sentence for the offence punishable under Sections 143, 147, 148 and 324, 506 read - 4 - HC-KAR NC: 2025:KHC:35019 CRL.RP No. 766 of 2016 with Section 149 Indian Penal Code are confirmed. Compensation is reduced to Rs.2500/- from Rs.5,000/-. 4. Learned counsel for the petitioner-accused would submit that accused Nos.1 to 5 filed Criminal Revision Petition No. 792/2016 and this Court vide order dated 07.05.2024 has allowed the Criminal Revision Petition and acquitted the petitioners in the said case who are accused No.1 to 5 before the Trial Court of all the offences. 5. Learned counsel for the petitioner would submit that accused No.6 - the present petitioner was said to be present at the time of assault and no overt act was attributed against the petitioner-accused No.6. The overt act was attributed against accused No.1 and 4. Since accused No. 1 to 5 are acquitted, it is urged that the petitioner is also entitled to similar order of acquittal as rendered in Criminal Revision Petition No. 792/2016. 6. Learned HCGP would oppose the petition on the premise that accused No.6 was involved in the incident that has taken place on 04.08.2006 and he participated in the - 5 - HC-KAR NC: 2025:KHC:35019 CRL.RP No. 766 of 2016 commission of the offence with a common intention with the remaining accused. Thus, it is his contention that the petitioner is not entitled for acquittal. 7. This Court has considered the contentions raised at the bar and perused the records. 8. From the allegation in the complaint, it is noticed that the complainant alleged that on 04.08.2006, the accused picked up quarrel with the complainant and they trespassed into the residential house of the complainant and assaulted and abused him and accused No.4 hit the complainant with a club on his left hand, head and back and accused No.5 assaulted him with club on his left hand and chest and remaining accused hit the complainant and caused injury to his hands, face and ear. 9. From the evidence led before the Court, it is noticed that the main allegation of the complainant is against accused No.4 and 5. The allegation against accused No.6 - petitioner appears to be minimal from the averments made in the complaint. - 6 - HC-KAR NC: 2025:KHC:35019 CRL.RP No. 766 of 2016 10. It is noticed that the co-ordinate bench of this Court in Criminal Revision Petition No. 792/2016 has taken a view that the alleged incident dated 04.08.2006 is not proved by the prosecution by adducing acceptable evidence. 11. This Court has recorded a categorical finding that the prosecution has failed to prove the injury and the Investigating Officer has not recovered the blood stained clothes of PW3 and has not produced the wound certificate or the medical records relating to the treatment said to have been taken by the injured. 12. The co-ordinate bench of this Court has also held that the evidence led on behalf of the prosecution do not inspire confidence of the Court. Accordingly, the coordinate Bench of this Court has come to the conclusion that the prosecution has failed to establish the case. 13. As already noticed the main allegation by the complainant was against accused Nos.1 and 5 and not accused No.6. Under the circumstances, the petition must succeed and accordingly, petition is allowed. - 7 - HC-KAR NC: 2025:KHC:35019 CRL.RP No. 766 of 2016 14. Hence the following: ORDER (i) This Criminal Revision Petition is allowed. (ii) The impugned judgments dated 24.05.2016 passed by the Principal Sessions Judge, Bengaluru Rural District, Bengaluru in Criminal Appeal No.44/2013 and that of the JMFC, Hoskote dated 06.09.2013 in C.C.No.804/2009 are set-aside. (iii) Petitioner- accused No.6 is acquitted of the charges. (iv) Bail bond stands cancelled. SD/- (ANANT RAMANATH HEGDE) JUDGE BRN/List No.: 2 Sl No.: 36 ...