- 1 - HC-KAR NC: 2025:KHC-D:8339 CRL.RP No. 100232 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO.100232 OF 2018 (397 OF Cr.PC/438 OF BNSS) BETWEEN: 1. SRI. N. R. BHANDAGE, AGE: 67 YEARS,, OCC: EDIOR, PUBLISHER, PRINER OF NUTAN RAJAKIYA CHARAVARTI WEEKLY NEWS PAPER, R/A: KITUR CHANNAMMA RANI ROAD, NEAR VIKRAM INSTITUTE, MASARI, GADAG. 2. SRI. N. R. NADAF, AGE: 59 YEARS, ,OCC: CO-EDITOR, NUTAN RAJAKIYIA CHARAVARTI WEEKLY NEWS PAPER, R/A: KITUR CHANNAMMA RANI ROAD, NEAR VIKRAM INSTITUTE, MASARI, GADAG. …PETITIONERS (BY SRI. GOURISHANKAR H. MOT, ADV.FOR PETITIONER NO.1; PETITIONER NO.2-IS DELETED V/C/O DATED 23.06.2025) AND: SRI.VEERANNA CHANDRASHEKHARAYYA CHARANTIMATH, AGE: 55 YEARS, OCC: BUSINESS AND PRESIDENT OF BASAVESHWAR VIDYA VARDHAK SANGHA, R/AT: BAGALKOTE. …RESPONDENT (BY SRI. AVINASH M. ANGADI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S 397(1) R/W SEC. 401 OF CR.P.C. SEEKING THAT THE JUDGMENT & ORDER PASSED BY THE II-ADDL. DIST. & SESSIONS JUDGE, BAGALKOT IN CRL.A.NO.84/2010 DATED 13.11.2018 & THE ORDER DATED 27.09.2010 PASSED BY THE PRINCIPAL CIVIL JUDGE & J.M.F.C, AT: BAGALKOT IN C.C.NO.66/2001 AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCE TO BE SET-ASIDE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8339 CRL.RP No. 100232 of 2018 THIS PETITION IS COMING ON FOR FINAL HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri Gourishankar H.Mot, learned counsel for the revision petitioner and Shri Avinash M. Angadi, learned counsel for the respondent-de facto complainant. 2. The revision petitioner/accused has filed the present Criminal Revision Petition under Section 397(1) read with Section 401 of the Code of Criminal Procedure, praying to set-aside the judgment passed by learned II Additional District and Sessions Judge, Bagalkote in Crl.A. No.84/2010 dated 13.11.2018 confirming the judgment of conviction and order of sentence dated 27.09.2010 passed by the learned Prl. Civil Judge and JMFC, Bagalkot in C.C. No.66/2001. The petitioner-accused No.1 and de facto complainant have resolved their disputes amicably. 3. In view of settlement, the petitioner-accused No.1 and respondent-de facto complainant have filed a - 3 - HC-KAR NC: 2025:KHC-D:8339 CRL.RP No. 100232 of 2018 joint memo under Sections 359 (5), (6) and (8) of Bharatiya Nagarik Suraksha Sanhita, 2023. The contents of joint memo read as under: “Herein the advocate for the petitioner No.1/accused no.1 & the complainant submits before this Hon'ble Court as follows; That, in view of the intervention of elders the petitioner/accused and complainant, have mutually agreed to the following terms and conditions mentioned below; 1) That, the complainant/respondent had filed a private complaint against the petitioner/accused before this Hon'ble court of Principal Civil Judge & J.M.F.C, Bagalkot, at: Bagalkot in C.C. No.66/2001. The dispute as aroused between the petitioner & complainant has been amicably settled. Now, petitioner & complainant have compromised the matter amicably & are willing to set aside their differences and stay as good and law-abiding citizens. Hence in view of the same the accused No.1/petitioner & complainant/respondent has filed this joint memo. 2) It is submitted that, the petitioner has tendered unconditional apology today to the complainant & the complainant has come forward to settle the above case amicably before this Hon'ble Court, in the interest of justice. Hence, this Joint memo. 3) The petitioner and the complainant at the intervention of the well-wishers and the elderly members of both the side family members decided to put an end to the dispute between them and accordingly arrived at a settlement of dispute and same is without their being any undue influence, coercion or threat from anybody - 4 - HC-KAR NC: 2025:KHC-D:8339 CRL.RP No. 100232 of 2018 out of their free will & wish, complainant has agreed to not to pursue any other criminal cases nor the above case as same is personal in nature, accordingly to facilitate compounding of the said offence alleged by the complainant against the petitioner herein the above mentioned memo is filed. 4) The complainant has agreed to close the proceedings as mentioned against the petitioner/accused no. 1, the petitioner and complainant also agreed to give Up all their claims in respect of said case as the dispute in question is personal in nature. Further it is submitted that since the dispute between the petitioner and the complainant has been settled amicably and the complainant has agreed not to prosecute/contest the abovementioned case against the petitioner and the complainant to compound the said case instead of subjecting the petitioner to face the current proceeding. THEREFORE, the petitioner/accused and the complainant humbly prays that, this Hon'ble Court may kindly be pleased to allow the revision petition as prayed for and grant permission to compound the said offences and consequently Acquit the Accused No.1/petitioner No.1, in the interest of Justice.” 4. In support of the joint memo, the petitioner- accused No.1 has submitted his unconditional apology by filing an affidavit. The contents of affidavit reads as under; “AFFIDAVIT I, Sri. Nagosa S/o Ramakrishnasa Bhandage, Age: 75years, R/at: Kanyal Agasi, Betageri, Tq & Dist: Gadag-582-102, today at dharwad. I do hereby solemnly affirm and state on oath as follows: - 5 - HC-KAR NC: 2025:KHC-D:8339 CRL.RP No. 100232 of 2018 1) I, sincerely and unconditionally apologize to Sri. Veeranna Chandrashekharayya Charantimath for the statements I made on various dates, which were published in various papers. 2) I, deeply regret making them and fully recognize the harm they have caused to Sri. Veeranna Chandrashekharayya Charantimath's reputation and personal dignity. 3) I, take full responsibility for my words and actions and I unreservedly withdraw them in their entirety. 4) I, offer this apology without any conditions and assure Sri.Veeranna Chandrashekharayya Charantimath and the public that I will not repeat such conduct in the future.” 5. In both the joint memorandum and the affidavit, the petitioner-accused has stated that, in order to preserve cordial relations and maintain harmony in society, they have resolved the dispute with the intervention of well-wishers, friends, and relatives. 6. Upon considering the grounds presented in the joint memo, as well as the unconditional apology submitted by the petitioner-accused, and noting that the offense is compoundable in nature, it is observed that the allegations are defamatory and pertain to the parties involved, without implicating the State. In light of the joint memo and - 6 - HC-KAR NC: 2025:KHC-D:8339 CRL.RP No. 100232 of 2018 affidavit submitted by the petitioner-accused, the joint memo filed under Sections 359(5), (6), and (8) of the Bharatiya Nagarik Suraksha Sanhita, 2023, is hereby accepted. Consequently, the judgment of conviction and order of sentence dated 27.09.2010 passed by trial Court in C.C.No.66/2001, which is confirmed by the First Appellate Court in Crl.A.No.84/2010, dated 13.11.2018, is set-aside. The offence punishable under Sections 501(b) and 502(b) of the IPC are hereby compounded. Accordingly, the criminal revision petition stands disposed of. In view of the disposal of the criminal revision petition, any pending applications, if any, no longer require consideration and are hereby disposed of. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 96