- 1 - HC-KAR NC: 2026:KHC:9156-DB CRL.A No. 232 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.232 OF 2025 BETWEEN: 1. THE STATE OF KARNATAKA THROUGH THE RMC POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU–560 001. …APPELLANT (BY SMT. RASHMI PATEL, HCGP) AND: 1. UMESH S/O AMARNATH AGED ABOUT 45 YEARS R/AT NO.14/152, GOWNJ STREET UDAIPUR, WEST BANGAL. PRESENTLY R/AT NO.40 7TH CROSS, FISH MARKET YESHWANTHPURA BENGALURU–560 022. …RESPONDENT Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9156-DB CRL.A No. 232 of 2025 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)(3) OF CR.PC (FILED U/S 419 BNSS) PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 17.02.2024 PASSED BY THE LXXI ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY IN S.C.NO.251/2022 ACQUITTING THE RESPONDENT - ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 353, 332, 307, 354, 354(B), 323, 326 OF IPC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE H.P.SANDESH) 1. The learned High Court Government Pleader HCGP files memo along with report before the Court saying that all efforts are made to serve the notice against the accused/respondent and also made coordination with DGP/IGP of West Bengal as directed by this Court, but unable to serve the same, the same is taken on record. - 3 - HC-KAR NC: 2026:KHC:9156-DB CRL.A No. 232 of 2025 2. Having received the said report and this appeal is filed against the acquittal. Though this matter is listed for service of notice against the respondent and having perused acquittal judgment of the Trial Court from paragraph No.33, Trial Court taken note of evidence of P.W.1 to P.W.4 who are police officials, some prime injured witnesses, some who had sustained injuries at the hands of the accused. It is the case of the prosecution that first incident occurred at the flower market, Yeshwantpura, Bengaluru and the second incident took place inside the RMC Yard police station where the accused assaulted P.W.1 and P.W.4 with knife and caused them bleeding injuries. The Trial Court while acquitting the accused in paragraph No.34 held that it is settled position of law that if the evidence of injured witnesses is found to be credible and trustworthy, the conviction can be based on without seeking any corroboration to their evidence. However, the evidence of P.W.1 to P.W.4 does not appears to be consistent, credible and trustworthy and even extracted - 4 - HC-KAR NC: 2026:KHC:9156-DB CRL.A No. 232 of 2025 the admission on the part of P.W.1 and extracted the evidence and also the contradictions of each of the police witnesses P.W.1 to P.W.5 in paragraph No.35, 36, 37, 38, and also in 39, material contradictions are also listed out in paragraph No.40 and so also in paragraph No.41 that even though P.W.8 admitted that uniform of C.W.1 clothes are blood stained and the stone used in the assault and the blood stains on the floor is not recovered by the Investigating Officer. 3. The evidence of P.W.1 to P.W.4, P.W.5, P.W.7 and P.W.8 does not corroborate with each other and their evidence does not inspires the confidence of the Court and in detail discussed the same. Hence, considering the material available on record, we do not find any ground to admit this appeal against the order of acquittal by the Trial Court and there is a clear lapses on the part of the Investigating Officer who conducted the investigation and that too when the allegation made against the police officers that accused assaulted and in a case of assault - 5 - HC-KAR NC: 2026:KHC:9156-DB CRL.A No. 232 of 2025 against the police and invoked the offences against the accused who is a sole accused that too incident was taken place in public place as well as inside the police station, invoking the offences 353, 332, 307, 354, 354(B), 323, 326 of Indian Penal Code, but it is ashame on the Police Department that when the accused assaulted the police officials, the very Investigating officer of Police Department who conducted the investigation was unable to seize all the incriminating articles during the course of investigation and how this Court can expect the proper adjudication by the Police in respect of the public victims who have suffered at the hands of accused persons and hopelessly investigated the matter when the allegation of assault made against the police officials, no proper investigation is conducted. Though DCP, North present before the Court would submits that they have already initiated the proceedings in non collecting of proper address of the accused, but mere initiation of the proceedings against the I.O who did not collect the - 6 - HC-KAR NC: 2026:KHC:9156-DB CRL.A No. 232 of 2025 address properly is not enough and there must be a result in the said proceedings. At this juncture, the learned SPP- II would submits that initiation of proceedings only not collecting of the proper address of the accused and not in respect of not conducting the investigation properly. Hence, the DCP, North is directed to initiate the appropriate proceedings against the I.O who has not conducted the investigation in a proper manner in not collecting incriminating material and submit the report in respect of both within three months from today. If DCP, North is not competent, then who is the competent officer of the Police Department is directed to take action against investigating officer who has not conducted the investigation properly in the matter in collecting incriminating material and this would be a classic example of not properly conducting the investigation in the cases by the Police Department and that too the victims are the Police officials in the case on hand, but when they were unable to give justice to their own people in a case of - 7 - HC-KAR NC: 2026:KHC:9156-DB CRL.A No. 232 of 2025 assault, it is nothing but an insult on the Department in not conducting investigation properly and hence, Director General and Inspector General of Police of the Head of the Institution of Karnataka State is directed to organize the training to the Police officials who are working in the State for conducting proper investigation and this Court noticing almost in all cases lapses on the part of the Investigating Officers in conducting the investigation which resulted acquittal in almost all the cases and the training must be made periodically at least once in two months, to improve the skills in investigation strategy and the victims family of this State at least hope that they would get the justice from the Police Department and hence, no grounds to admit the appeal. 4. In view of the discussions made above, we pass the following: ORDER i) The Criminal Appeal is disposed of. - 8 - HC-KAR NC: 2026:KHC:9156-DB CRL.A No. 232 of 2025 ii) The Registrar General is directed to communicate this order to the Director General and Inspector General of Police of Karnataka State to take initiative in the State to improve the investigation skill by the Police Department by conducting training atleast once in two months either State level or District level. iii) The Director General and Inspector General of Police is directed to submit the report within four months for having taken initiative in the matter and also to submit the report regarding taking action against the I.O who has not properly conducted the investigation in this matter and so also with regard to non collection of proper address of the accused. iv) The Registrar General is also directed to communicate this order to the Home Secretary of the Home Department to take the initiative to train the Investigating Officers and the same is also the responsibility of the Principal Secretary of the Home Department to organize the training in co-ordination with the head of the Police Department and Home Secretary of the Home Department is also directed to submit the report within four months from today for - 9 - HC-KAR NC: 2026:KHC:9156-DB CRL.A No. 232 of 2025 having taken initiative in the matter. The report should be submitted to this Court on or before 08.06.2026. Sd/- (H.P.SANDESH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RHS List No.: 1 Sl No.: 3