- 1 - HC-KAR NC: 2025:KHC:23746 CRL.P No. 4068 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4068 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. JEEVAN KUMAR AGED ABOUT 48 YEARS, S/O. V. DEVARAJU NAIDU, R/AT SHIVALINGA NILAYA, FORT ROAD, WARD NO.1, DODDABALLAPURA-561 203. 2. SRI. LAKSHMIKANTHA AGED ABOUT 41 YEARS, S/O. LAKSHMAN RAO, R/AT NO. 2945, DARJIPETE, DODDABALLAPURA - 561 203. 3. SRI. DINESH HEGDE AGED ABOUT 65 YEARS, S/O. MANJUNATHA HEGDE, R/AT NO. 93/2, KESHAVA SHILPA, KEMPEGOWDANAGAR, BENGALURU - 560 009. …PETITIONERS (BY SRI. MADHUSUDHAN ADIGA B.,ADVOCATE) AND: STATE OF KARNATAKA DODDABALLAPURA RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23746 CRL.P No. 4068 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO 1.SET ASIDE ONLY PARA 26 OF THE ORDER DATED 25.01.2025 PASSED IN SPL.C.NO.170/2017 BY THE HONBLE II ADDL.DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT AT BENGALURU I.E IN SO FAR AS IT RELATES TO REJECTING THE APPLICATION OF THE PETITIONERS DATED 23.01.2025 FILED U/S 191,192,193,196,198,199,200,203,209,211 OF IPC PRODUCED AS DOCUMENT NO.1. THIS PETITION, 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, petitioner seeks for the following reliefs:- “ a. Set aside only para 26 of the Order dated: 25.01.2025 passed in Spl. C No.170/2017 by the Hon’ble II Additional District & Sessions Judge, Bangalore Rural District at Bangalore i.e., insofar as it relates to rejecting the application of the petitioners dated: 23.01.2025 filed U/s 191, 192, 193,196, 198,199,200,203,209,211 of the Indian Penal Code, Produced as Document 11. b. Allow the application of the petitioners dated: 23.01.2025 filed U/s 191, 192, 193,196, 198,199,200,203,209,211 of the Indian Penal Code, Produced as Document 11. c. and grant such other relief/s as deemed fit and necessary under the circumstances of the case in the interest of justice.” - 3 - HC-KAR NC: 2025:KHC:23746 CRL.P No. 4068 of 2025 2. Heard learned counsel for the petitioners as well as learned HCGP for respondent and perused the material on record. 3. A perusal of the material on record will indicate that the limited ground urged in the present petition that the findings recorded by the trial court at paragraph-26 of the final judgment dated 25.01.2025 passed in Spl.C.No.170/2017 is contrary to the material on record and consequently, the said portion at paragraph- 26 deserves to be set aside and the application dated 23.01.2025 filed by the petitioners – accused under Sections 191,192, 193, 196, 198, 199, 200, 203, 209 and 211 of IPC deserves to be allowed. 4. In this context, it is relevant to extract paragraph-26 of the aforesaid judgment, which reads as under:- “26. On careful perusal of evidence on record, it is clear that this court has disbelieved the evidence of PW.1 and PW.3 on the ground that there are material contradictions and infirmities in the evidence of PW.1 and PW.3 and as such, the prosecution has failed to prove the offences against the accused beyond reasonable doubt. There is distinction between giving false evidence and the evidence being full of material contradictions and infirmities. Hence, looking to the circumstances of the case, I am of the opinion that it is not expedient in the interest of justice to - 4 - HC-KAR NC: 2025:KHC:23746 CRL.P No. 4068 of 2025 prosecute PW.1 and PW.3. Hence the application filed by accused is rejected as there are no sufficient grounds to allow the said application. Accordingly, I answer Point No.8 n the Negative”. 5. As can be seen from the aforesaid findings recorded by the trial court in paragraph-26 is contrary to the material on record and no acceptable, legal or cogent reasons have been assigned by the trial court for the purpose of recording the said finding or rejecting the application filed by the petitioners and consequently, the said findings at paragraph-26 and the rejection of application filed by the petitioners deserve to be set aside. 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned findings at paragraph-26 of the judgment dated 25.01.2025 passed in Spl.C.No.170/2017 by the II Addl.District and Sessions Judge, Bangalore Rural District, Bangalore, are hereby set aside. (iii) The application dated 23.01.2025 produced as Document No.11 is hereby allowed. - 5 - HC-KAR NC: 2025:KHC:23746 CRL.P No. 4068 of 2025 (iv) The trial court is directed to proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.