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2026 DAILYLAW 13209 (KAR)

STATE OF KARNATAKA v. G.M. RAJAPPA

CRL.RP/801/2017 · 2026-03-09

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14056 CRL.RP No. 801 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 801 OF 2017 BETWEEN: STATE OF KARNATAKA BY HOLALKERE POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU. …PETITIONER (BY SRI.K.NAGESHWARAPPA, HCGP) AND: 1. G.M. RAJAPPA S/O. LATE GURUBASAIAH, AGED ABOUT 82 YEARS, RESIDENTS OF GULIHOSAHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT. 2. THIPPAIAH S/O. LATE KOTYAPPA, AGED ABOUT 61 YEARS, RESIDENTS OF GULIHOSAHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI.R.SHASHIDHARA, ADVOCATE FOR R2 PROCEEDINGS ABATED AGAINST R1 V/O DATED 15.12.2025) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14056 CRL.RP No. 801 of 2017 THIS CRL.REVISION PETITION IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 11.01.2017 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN SPL.C.(I.E.ACT) NO.14/2016 FOR THE OFFENCE P/U/S 304(A) OF IPC AND SEC.135 AND 148 OF INDIAN ELECTRICITY ACT. AND ETC. THIS CRL.REVISION PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri. K. Nageshwarappa, learned HCGP for the revision petitioner and Sri R. Shashidhara, learned counsel for respondent No.2. 2. State is the revision petitioner challenging the order of discharge passed in Spl.C.No.14/2016 on 11.01.2017 by the I Additional District and Session Judge at Chitradurga. 3. Facts in a nutshell, which are utmost necessary for disposal of the present petition, are as under: 4. Respondents are accused persons in Spl.C.No.14/2016 for the alleged offences punishable - 3 - HC-KAR NC: 2026:KHC:14056 CRL.RP No. 801 of 2017 under Sections 135 and 148 of Indian Evidence Act, 2003 and Section 304 of IPC. 5. It is the case of the prosecution that the accused persons stealthily extracted the electricity and made it flow through the fencing, which came into contact with the deceased. On account of electrocution, he died. Therefore, prosecution was launched. 6. Police after registering the case, thoroughly investigated the matter, filed a charge sheet for the aforesaid offences. 7. Accused persons appeared before the Trial Court and filed an application for discharge. 8. Learned Trial Judge, after hearing objections of the prosecution, taking into consideration the report filed by the KPTCL officers that on account of the heavy rain the electricity wire snapped and fell on the fencing, which unnoticeably came into contact with the deceased, and his death has occurred, discharged the accused persons. - 4 - HC-KAR NC: 2026:KHC:14056 CRL.RP No. 801 of 2017 9. State has filed the present revision petition challenging the order of discharge. 10. After hearing the parties and taking note of the attendant facts and circumstances of the case as also noting that one of the accused is no more and based on the report filed by the KPTCL officials themselves, this Court does not find any good grounds to interfere with the order of discharge passed by the learned Special Judge. 11. Accordingly following: ORDER Criminal Revision Petition is dismissed. SD/- (V SRISHANANDA) JUDGE KTY List No.: 1 Sl No.: 50