- 1 - HC-KAR NC: 2026:KHC:10424 CRL.RP No. 55 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 55 OF 2018 BETWEEN: 1. IMRAN @ IMMA S/O LATE NIZAM AGED ABOUT 20 YEARS R/O ND CROSS KLP MOHALLA CHAMARAJANAGAR - 571 313. 2. FAROOQ @ PARU @ CHOTA S/O HARSHADULLA AGED ABOUT 30 YEARS R/O CHAMALAPURA HUNDI NANJANGUD TALUK MYSORE DITRICT - 571 301. 3. ATHAULLA @ JACKI S/O LATE REHAMATHULLA AGED ABOUT 21 YEARS NANJANGUD TOWN MYSORE DISTRICT 571 301. 4. HIMALAYA BASHA S/O ALMMAMED JOHN AGED ABOUT 55 YEARS R/O AJADNAGAR NANJANGUD TOWN MYSORE DISTRICT 571 301. …PETITIONERS (BY SRI R.B. ANEPPANAVAR, ADV.) AND: THE STATE OF KARNATAKA BY CHAMARAJANAGAR TOWN POLICE STATION CHAMARAJANAGAR DISTRICT - 571 313. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10424 CRL.RP No. 55 of 2018 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 19.12.2017 IN CRL.A.NO.2/2013 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR (SITTING AT KOLLEGALA) AND JUDGMENT THE ORDER DATED 05.12.2012 IN C.C.NO.900/2005 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, CHAMARAJANAGAR AND ACQUIT THE PETITIONERS/ACCUSED NO.2 TO 5 OF THE CHARGES LEVELED AGAINST THEM. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.2 to 5 are before this Court in this criminal revision petition filed under Sections 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated 05.12.2012 passed in CC.No.900/2005 by the Court of Prl. Civil Judge & JMFC, Chamarajanagar, and the judgment and order dated 19.12.2017 passed by the Court of Addl. District & Sessions Judge, Chamarajanagara, sitting at Kollegala, in Crl.A.No.2/2013. 2. Heard the learned Counsel for the parties. 3. Petitioners herein along with another were charge- sheeted for the offences punishable under Sections 380 & 457 - 3 - HC-KAR NC: 2026:KHC:10424 CRL.RP No. 55 of 2018 of IPC in Crime No.131/2005 registered by Chamarajanagara Town Police Station and were tried for the said offences in CC.No.900/2005 before the jurisdictional Court of Magistrate at Chamarajanagar. 4. The allegation against the accused is that on the night of 27.08.2005, they had trespassed into the shop premises belonging to PW-1 – C.R.Ravishankar situated near KSRTC bus stand at Chamarajanagara Town and had committed theft of four submersible original pump sets and two dummy sets worth Rs.70,000/-. 5. The prosecution in order to prove its charges against the accused, has examined 11 charge-sheet witnesses as PW-1 to PW-11 and got marked five documents as Exs.P-1 to P-5. The material objects seized in the present case were marked as MO-1 to MO-9. On behalf of the defence, no oral and documentary evidence was placed on record. 6. The Trial Court after hearing the arguments addressed on both sides and also appreciating the oral and documentary evidence available on record, convicted the petitioners herein - 4 - HC-KAR NC: 2026:KHC:10424 CRL.RP No. 55 of 2018 for the offences punishable under Sections 380 & 457 of IPC. For the offence punishable under Section 457 IPC, petitioners were sentenced undergo rigorous imprisonment for a period of three years and pay fine of Rs.1,500/- each and in default, to undergo simple imprisonment for a period of two months. For the offence punishable under Section 380 IPC, petitioners were sentenced undergo rigorous imprisonment for a period of three years and pay fine of Rs.2,000/- each and in default, to undergo simple imprisonment for a period of two months. 7. The said judgment and order of conviction and sentence passed by the Trial Court in CC.No.900/2005 was confirmed in Crl.A.No.2/2013 by judgment and order dated 19.12.2017 passed by the Court of Addl. District & Sessions Judge, Chamarajanagara, sitting at Kollegala. It is under these circumstances, the petitioners are before this Court. 8. Learned Counsel for the petitioners having reiterated the grounds urged in the petition, submits that depositions of material charge-sheet witnesses is full of inconsistencies which is not properly appreciated by the courts below. The prosecution had failed to prove its charges beyond reasonable - 5 - HC-KAR NC: 2026:KHC:10424 CRL.RP No. 55 of 2018 doubt against the petitioners. Relevant documents to show that the seized goods belonged to PW-1 was not placed on record. All the charge-sheet witnesses are interested witnesses, and therefore, the courts below were not justified in placing reliance on the evidence of the said witnesses to convict and sentence the petitioners. Accordingly, he prays to allow the petition. 9. Per contra, learned HCGP submits that the prosecution has proved the charges beyond reasonable doubt by placing necessary oral and documentary evidence on record. Petitioners are persons with criminal antecedents who have been convicted for similar offences earlier and several other criminal cases with similar allegations are pending against them. Accordingly, he prays to dismiss the petition. 10. The prosecution in order to prove its charges against the accused has, in all, examined 11 charge-sheet witnesses as CW-1 to CW-11. PW-1 – Ravishankar is the owner of the shop – M/s. Sowbhagya Enterprises, in which the theft was committed on the night of 27.08.2005. During the course of his deposition, he has reiterated the allegations made by him in the complaint - 6 - HC-KAR NC: 2026:KHC:10424 CRL.RP No. 55 of 2018 which is marked as Ex.P-1. He has also spoken about the articles of which theft was committed from his shop. 11. PW-2 & PW-3 are the employees of PW-1 who were working in his shop. Ex.P-2 is the spot mahazar and PW-2 is the panch witness to the said document. PW-3 has identified the articles which were recovered from the accused and seized under the seizure mahazar – Exs.P-4 & P-5. The said articles are marked as MO-1 to MO-6. The seizure mahazar at Ex.P-4 is proved by the prosecution through PW-5, PW-7 & PW-9, and the seizure mahazar at Ex.P-5 is proved by the prosecution through PW-6, PW-10 & PW-11. 12. PW-7 is the Head Constable who speaks about the arrest of accused and also about seizure of the stolen articles in the present case from the car in which they were travelling. He had drawn the seizure mahazar - Ex.P-4 and signed the same, and his signature is marked as Ex.P-4(a). Even the other panch witnesses who have signed Ex.P-4 & Ex.P-5 have identified their signatures in the said documents and supported the case of the prosecution. - 7 - HC-KAR NC: 2026:KHC:10424 CRL.RP No. 55 of 2018 13. The Trial Court after having appreciated the oral and documentary evidence available on record, has therefore, rightly convicted the petitioners for the charge-sheeted offences. The Appellate Court having re-appreciated the oral and documentary evidence, has confirmed the judgment and order of conviction passed by the Trial Court. 14. The material on record would go to show that the petitioners are persons with criminal antecedents and they were convicted for similar offences and they were also facing other criminal cases with similar allegations. Under the circumstances, I am of the opinion that even the order of sentence passed against them does not call for any interference. Therefore, I do not find any good ground to entertain this petition. Accordingly, revision petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK