- 1 - NC: 2025:KHC-D:5879 CRL.RP No. 100252 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100252 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: SHANTAPPA S/O. DEVAPPA BHOVI, AGE: 62 YEARS, OCC. KSRTC DRIVER(RETIRED), R/O. MULGUND, TQ. DIST. GADAG-582117. …PETITIONER (BY SRI BASAVARAJ R. BANNUR, ADVOCATE FOR SRI PRUTHVI K.S., ADVOCATE) AND: STATE OF KARNATAKA BY LAXMESHWAR POLICE R/BY. ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, CIRCUIT BENCH OF DHARWAD-580011. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.PC. 1973, SEEKING TO SET ASIDE THE JUDGMENT DATED 12.05.2023 PASSED BY THE COURT OF ADDL. DIST. AND SESSIONS JUDGE GADAG IN CRL. APPEAL NO.22/2022 AND ALLOW THE APPEAL NO.22/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 279, 337, 338 AND 304(A) OF IPC AND TO SET ASIDE THE JUDGMENT DATED 11.11.2020 PASSED IN CC NO.242/2016 BY THE COURT OF CIVIL JUDGE AND JMFC LAXMESHWAR FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 279, 337, 338 AND 304(A) OF IPC. V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 15:52:49 +0530 - 2 - NC: 2025:KHC-D:5879 CRL.RP No. 100252 of 2023 THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Basavaraj R. Bannur, learned counsel for the revision petitioner has filed memo dated 28.03.2025. Copy of the same is served on learned High Court Government Pleader for respondent-State. Memo reads as under: “The Petitioner begs to submit as under: 1) The petitioner herein has been suffered a judgment dated: 11.11.2020 passed by the Court of City Civil Judge and JMFC Laxmeshwar in CC No. 242/2016, in which the petitioner was convicted for the offences U/s 279, 337, 338, & 304(A) of IPC. 2) The petitioner preferred Crl. Appeal No. 22/2020 before the Addl. District and Sessions Judge Gadag. However the Appellate Court has not decided the appeal in conformity with the Principals of appellate court jurisdiction. Appellate Court has filed to re-appreciate the entire evidence on record, failed to depreciate reasoning's of the Trial Court and also not considered the grounds urged in the appeal. The appellate Court dismissed the appeal by passing a non speaking order, cryptically. Wherefore, the petitioner most humbly prayed this Hon'ble Court may kindly remand - 3 - NC: 2025:KHC-D:5879 CRL.RP No. 100252 of 2023 the above revision petition to the Court of Addl. District and Sessions Judge, Gadag, in the interest of justice and he has no objection for remanding the matter.” 2. In light of the contents of the memo, this Court perused the impugned order of the First Appellate Court. 3. On such perusal of memo on record, this Court is satisfied that the First Appellate Court did not consider the appeal grounds properly while re-appreciating the material on record and therefore, the case is made out for re-consideration on appeal on merits. 4. It is needless to emphasise that the appeal is a valuable right given to an accused to urge all the grounds available to the accused both on law as well as on facts. 5. In the case on hand, even though appeal grounds contained many of the issues including the factual aspects, learned Judge in the First Appellate Court did not take into consideration all the grounds while passing the judgment dated 11.11.2020. - 4 - NC: 2025:KHC-D:5879 CRL.RP No. 100252 of 2023 6. Accordingly, accepting the memo, the following order is passed. ORDER i. Criminal revision petition is allowed. ii. Matter is remitted to the First Appellate Court for fresh disposal in accordance with law. iii. Revision petitioner shall appear before trial Court on 21.04.2025 positively. iv. Office is directed to return the Trial Court records forthwith with copy of this order. SD/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 2 Sl No.: 27