- 1 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL REVISION PETITION NO.200114 OF 2023 C/W CRIMINAL REVISION PETITION NO.200102 OF 2023 (397(Cr.PC)/438(BNSS)) IN CRL.RP NO.200114/2023: BETWEEN: BHADRAPPA S/O BASAVANTRAO PATIL, AGE: 65 YEARS, OCC: ADVOCATE, R/O HIG-3, KHB COLONY, GOKUL NAGAR, KALABURAGI. …PETITIONER (BY SRI. MARTHANDAPPA MALLESHAPPA ALLUR & SMT. PANCHAL SANTOSHI S., ADVOCATES) AND: 1. THE STATE THROUGH CHOWK P.S., KALABURAGI, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. 2. BASAVARAJ S/O HANMANTHRAO BEDJURGI, AGE: 62 YEARS, OCC: BUSINESS, R/O BEDJURGI, TQ. ALAND, Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 DIST. KALABURAGI, NOW R/ AT HIG-4, KEB COLONY, GOKUL NAGAR, KALABURAGI-585 104. 3. ANITA W/O BASAVARAJ BEDJURGI, AGE: 53 YEARS, OCC: HOUSEHOLD, R/O BEDJURGI, TQ. ALAND, DIST. KALABURAGI, NOW R/AT HIG-4, KEB COLONY, GOKUL NAGAR, KALABURAGI-585 104. 4. DEVIKA W/O LATE SHASHIKANT, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O BEDJURGI, TQ. ALAND, DIST. KALABURAGI, NOW R/AT HIG-4, KEB COLONY, GOKUL NAGAR, KALABURAGI-585 104. 5. LAXMIPUTRA S/O MALLIKARJUN PATIL, AGE: 40 YEARS, OCC: BUSINESS, R/O KAVERI NAGAR, SHAH BAZAR, KALABURAGI-585 104. 6. VIJAYPUTRA S/O MALLIKARJUN PATIL AGE: 25 YEARS, OCC: BUSINESS, R/O KAVERI NAGAR, SHAH BAZAR, KALABURAGI-585 104. …RESPONDENTS (BY SRI GOPALKRISHNA B. YADAV, HCGP FOR R1; SRI CHAITANYAKUMAR CHANDRIKI, ADV. FOR R2 TO R6) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF OF CR.P.C. (OLD), SECTION 438 OF BNSS (NEW), PRAYING TO ALLOW THE CRIMINAL REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 20.07.2023 PASSED BY THE HONOURABLE III ADDL. DIST. AND SESSIONS JUDGE, KALABURAGI IN CRIMINAL APPEAL NO.45/2020 AND ALSO SET ASIDE THE JUDGMENT AND ORDER DATED 24.02.2020 PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC AT KALABURAGI IN C.C.NO.2007/2009 IN RESPECT OF - 3 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 ACQUITTAL OF ACCUSED NOS.1 TO 5/ RESPONDENTS NO.2 TO 6 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 147, 148, 448, 324, 504, 506 OF IPC AND CONVICT AND SENTENCE THE ACCUSED NO.1 TO 5/RESPONDENTS NO.2 TO 6 FOR THE SAID OFFENCES. IN CRL.RP NO.200102/2023: BETWEEN: 1. BASAVARAJ S/O HANMANTHRAO BEDJURGI, AGE: 62 YEARS, OCC: BUSINESS, R/O BEDJURGI, TQ. ALAND, DIST. KALABURAGI, NOW R/ AT HIG-4, KEB COLONY, GOKUL NAGAR, KALABURAGI-585 101. 2. ANITA W/O BASAVARAJ BEDJURGI, AGE: 53 YEARS, OCC: HOUSEHOLD, R/O BEDJURGI, TQ. ALAND, DIST. KALABURAGI, NOW R/AT HIG-4, KEB COLONY, GOKUL NAGAR, KALABURAGI-585 101. 3. DEVIKA W/O LATE SHASHIKANT, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O BEDJURGI, TQ. ALAND, DIST. KALABURAGI, NOW R/ AT HIG-4, KEB COLONY, GOKUL NAGAR, KALABURAGI-585 101. 4. LAXMIPUTRA S/O MALLIKARJUN PATIL, AGE: 40 YEARS, OCC: BUSINESS, R/O KAVERI NAGAR, SHAHABAZAR, KALABURAGI-585 101. 5. VIJAYPUTRA S/O MALLIKARJUN PATIL, AGE: 25 YEARS, OCC: BUSINESS, R/O KAVERI NAGAR, SHAHABAZAR, KALABURAGI-585 101. - 4 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 …PETITIONERS (BY SRI. CHAITANYAKUMAR CHANDRIKI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH CHOWK P.S., KALALBURAGI, REPRESENTED BY ADDITIONAL SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. 2. BHADRAPPA S/O BASAVANTRAO PATIL, AGE: 65 YEARS, OCC: ADVOCATE, R/O HIG-3, KHB COLONY, GOKUL NAGAR, KALABURAGI-585 101. …RESPONDENTS (BY SRI GOPALKRISHNA B. YADAV, HCGP FOR R1; SRI M. M. ALLUR, ADVOCATE FOR R2) THIS CRL.RP IS FILED UNDER SECTION 397 OF CR.P.C. (OLD), SECTION 438 OF BNSS (NEW), PRAYING TO SET ASIDE THE JUDGMENT DATED 20.07.2023 PASSED BY THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE AT KALABURAGI IN CRIMINAL APPEAL NO.45/2020 AND CONSEQUENTLY BE PLEASED TO ACQUIT THE PETITIONERS FROM THE ALLEGED OFFENCES. THESE PETITIONS,COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA - 5 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 ORAL COMMON ORDER (PER: HON'BLE MRS JUSTICE M G UMA) The petitioner in Criminal Revision Petition No.200114/2023 being the injured informant in C.C.No.2007/2009 on the file of the learned III Additional Civil Judge and JMFC, Kalabuargi is impugning the judgment dated 20.07.2023 passed in Criminal Appeal No.45/2020 on the file of the learned III Additional District and Sessions Judge, Kalaburagi, allowing the appeal filed by the informant in part and convicting accused Nos.1 to 5 only for the offences punishable under Sections 143 and 323 R/w Section 149 of the Indian Penal Code, 1860 (for short ‘IPC’), while acquitting them for the offences punishable under Sections 147, 148, 448, 324, 504 and 506 of IPC. 2. The petitioners in Criminal Revision Petition No.200102/2023 being accused Nos.1 to 5 in C.C.No.2007/2009 on the file of the learned III Additional Civil Judge and JMFC, Kalabuargi are impugning the - 6 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 judgment dated 20.07.2023 passed in Criminal Appeal No.45/2020 on the file of learned III Additional District and Sessions Judge, Kalaburagi, convicting them for the offences punishable under Sections 143 and 323 R/w Section 149 of IPC and sentencing to undergo simple imprisonment for a period of 03 months and to pay fine of Rs.1,000/- each for the offence punishable under Section 143 R/w Section 149 of IPC; to undergo simple imprisonment for a period of 06 months and to pay fine of Rs.1,000/- each for the offence punishable under Section 323 R/w Section 149 of IPC, with default sentences. 3. Since in both these cases the complainant and the accused are impugning the very same judgment passed by the Trial Court and the First Appellate Court, I deem it appropriate to take up both these cases for disposal under this common order. 4. Heard Sri Marthandappa Malleshappa Allur, learned counsel for the complainant, Sri Gopalkrishna B. Yadav, learned High Court Government Pleader for the - 7 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 State and Sri Chaitanyakumar Chandriki, learned counsel for accused Nos.1 to 5. Perused the materials on record. 5. In view of the rival contentions urged by the learned counsel for both the parties in Crl.RP No.200114/2023, the point that would arise for my consideration is: "Whether the Crl.R.P.200114/2023 deserves to be allowed as the impugned judgment passed by the First Appellate Court suffers from infirmities and calls for interference by this Court?" 6. In view of the rival contentions urged by the learned counsel for both the parties in Crl.RP No.200102/2023, the point that would arise for my consideration is: "Whether the Crl.R.P.200102/2023 deserves to be allowed as the impugned judgment passed by the First Appellate Court suffers from infirmities and calls for interference by this Court?" - 8 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 My answer to the point raised in Crl.RP No.200114/2023 is in the 'negative' and the point raised in Crl.RP No.200102/2023 is ‘partly in the affirmative’ for the following: R E A S O N S 7. The injured informant lodged the first information with Chowk Police Station, Kalaburagi against accused Nos.1 to 5 alleging commission of the offences punishable under Sections 143, 147, 148, 448, 323, 324, 504 and 506 R/w Section 149 of IPC. The FIR came to be registered, investigation was undertaken and final report came to be filed. 8. The Trial Court took cognizance of the offence and summoned the accused by registering C.C.No.2007/2009. The accused appeared before the Trial Court and pleaded not guilty. The prosecution examined PWs.1 to 17, got marked Exs.P1 to P14 and identified MOs.1 to 8 in support of its contention. The accused have - 9 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 denied all the incriminating materials available on record, but have not led any evidence in support of their defence. 9. The Trial Court, after taking into consideration all these materials on record, came to the conclusion that, the prosecution is not successful in proving the guilt of the accused beyond reasonable doubt. Accordingly, all the accused were acquitted as per judgment dated 24.02.2020. Being aggrieved by the same, the injured informant has preferred Criminal Appeal No.45/2020. The First Appellate Court, on re-appreciation of the materials on record, allowed the appeal in part and convicted accused Nos.1 to 5 for the offence punishable under Sections 143 and 323 R/w Section 149 of IPC and sentenced them as stated above, while confirming the judgment of acquittal passed by the Trial Court for the other offences. Being aggrieved by the acquittal of the accused for other offences, the informant has preferred Criminal Revision Petition No.200114/2023 and being aggrieved by the impugned judgment of conviction passed - 10 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 by the First Appellate Court for the offences punishable under Sections 143 and 323 R/w Section 149 of IPC, accused Nos.1 to 5 have preferred Criminal Revision Petition No.200102/2023. 10. It is the contention of the prosecution that, accused Nos.1 to 5 were having common object of committing the crime and formed an unlawful assembly. They trespassed into the house of CW.1. Accused No.1 abused CW.1 in filthy language and assaulted with a stone on his left hand and left leg. In the meantime, accused Nos.2 and 3 have thrown chilli powder and assaulted CWs.5 and 7 with bricks. Accused No.5 assaulted CW.4 with a brick, while accused No.4 assaulted CW.6 with a plastic pipe. The injured CW.1 lodged the first information with the police. The final report filed by the Investigating Officer discloses that, similar offence was committed by the accused. 11. The prosecution, in order to prove its contention, examined PWs.1, 2, 8 and 9, who are the - 11 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 injured eyewitnesses. It has also examined PWs.5 to 7 as eyewitnesses. All these witnesses have deposed before the Court that accused Nos.1 to 5 formed an unlawful assembly and assaulted them with the stone/ brick/ plastic pipe. 12. PW.16 is the doctor, who examined the injured PWs.1, 2, 8 and 9 and issued Exs.P10 to P14. As per these documents, the injured have sustained simple injuries. From these materials on record, it is clear that, accused Nos.1 to 5 have committed the offences punishable under Sections 143 and 323 R/w Section 149 of IPC. 13. The contentions taken by the prosecution with regard to commission of the offences punishable under Sections 147, 148, 448, 324, 504 and 506 of IPC are not substantial even if the version of these material witnesses are taken into consideration. Under such circumstances it is to be held that the prosecution is not successful in proving the guilt of the accused beyond reasonable doubt. Therefore, accused Nos.1 to 5 are liable for conviction only - 12 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 for the offences punishable under Sections 143 and 323 R/w Section 149 of IPC. 14. I have gone through the impugned judgment passed by the First Appellate Court in Criminal Appeal No.45/2020. It has taken into consideration all the materials on record in proper perspective and arrived at a right conclusion. I do not find any reason to interfere with the same. 15. Learned counsel for the petitioners in Crl.RP No.200102/2025/accused Nos.1 to 5 submitted that, accused No.1 is aged 65 years, accused Nos.2 and 3 are ladies, they are suffering from various ailments, accused Nos.4 and 5 are in private service and imposition of substantive sentence will hamper their service and therefore, prays for showing leniency while sentencing accused Nos.1 to 5. 16. Taking into consideration the submission made by the learned counsel for the petitioners and also the fact - 13 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 that the accused are acquitted for the offences punishable under Sections 147, 148, 448, 324, 504 and 506 of IPC, I am of the opinion that, instead of imposing substantive sentence, reasonable fine may be imposed on them and compensation may be awarded in favour of the injured PWs.1, 2 and 9, as it would meet the ends of justice. 17. Accordingly, I answer the point raised for consideration in Crl.RP No.200114/2023 in the ‘negative’ and the point raised for consideration in Crl.RP No.200102/2023 ‘partly in the affirmative’ and proceed to pass the following: ORDER i) Criminal Revision Petition No.200114/2023 filed by the injured informant is dismissed. ii) Criminal Revision Petition No.200102/2023 filed by accused Nos.1 to 5 is allowed in part. iii) The judgment of conviction dated 20.07.2023 passed in Criminal Appeal No.45/2020 on the - 14 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 file of the learned III Additional District and Sessions Judge, Kalabuaragi, convicting accused Nos.1 to 5 for the offences punishable under Sections 143 and 323 R/w Section 149 of IPC is hereby confirmed. iii) The order of sentence passed by the First Appellate Court against accused Nos.1 to 5 is modified as under: a) Accused Nos.1 to 5 shall pay fine of Rs.2,000/- each for the offence punishable under Section 143 R/w Section 149 of IPC. In default to pay fine, they shall undergo simple imprisonment for a period of 15 days. b) Accused Nos.1 to 5 shall pay fine of Rs.5,000/- each for the offence punishable under Section 323 R/w Section 149 of IPC. In default to pay fine, they shall undergo - 15 - HC-KAR NC: 2025:KHC-K:5409 CRL.RP No. 200114 of 2023 C/W CRL.RP No. 200102 of 2023 simple imprisonment for a period of one month. c) Out of the fine amount to be paid by the accused Nos.1 to 5, a sum of Rs.10,000/- each is to be paid to the injured PWs.1, 2 and 9 as compensation under Section 357(A) of Cr.P.C. Registry is directed to send back the Trial Court records along with the copy of this judgment for information and needful action. Sd/- (M G UMA) JUDGE LG List No.: 1 Sl No.: 1