Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:10659 CRL.RP No. 277 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 277 OF 2026 BETWEEN:
SMT. CHANDRAMMA WIFE OF SHAKAREGOWDA AGED ABOUT 50 YEARS R/AT CHIGATIHALLI VILLAGE DUDDA HOBLI HASSAN TALUK. …PETITIONER (BY SRI MANJAPPA B.N, ADV.) AND:
1.
SMT. SIDDAMMA W/O LATE NINGE GOWDA AGED ABOUT 65 YEARS.
2. PUTTASWAMIGOWDA S/O LATE NINGE GOWDA AGED ABOUT 45 YEARS.
3.
NANJE GOWDA S/O LATE NINGE GOWDA AGED ABOUT 36 YEARS.
4. SANTHOSH S/O BASAVARAJU AGED ABOUT 26 YEARS.
5. BHAGYAMMA W/O MANJEGOWDA AGED ABOUT 32 YEARS.
6. BASAVARAJU S/O HUCHE GOWDA AGED ABOUT 32 YEARS.
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:10659 CRL.RP No. 277 of 2026
7. PRAMEELA W/O BASAVARAJU AGED ABOUT 30 YEARS.
8. CHANNAMMA W/O PUTTASWAMY GOWDA AGED ABOUT 37 YEARS.
9. NAVEEN S/O PUTTASWAMY GOWDA AGED ABOUT 22 YEARS.
ALL ARE RESIDING AT CHIGATIHALLI VILLAGE, DUDDA HOBLI HASSAN TALUK AND DISTRICT. …RESPONDENTS
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER OF ACQUITTAL PASSED BY THE HONBLE PRL. DISTRICT AND SESSIONS JUDGE, AT HASSAN DTD 12.12.2025 IN CRL.A.NO.142/2024 BY CONFIRMING THE ACQUITTAL ORDER PASSED BY THE HONBLE 5th ADDL. CIVIL JUDGE AND JMFC, AT HASSAN IN CC.NO.5199/2014 DTD 16.01.2024 AND PUNISH THE ACUCSED PERSONS FOR THE OFFENCES COMMITTED AND ALLOW THIS RP.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. The defacto complainant is before this Court in this revision petition filed under Section 438 of BNSS, 2023, with a prayer to set-aside the judgment and order of acquittal passed in CC No.5199/2014 dated 16.01.2024 by the Court of V Addl. Civil Judge and JMFC, Hassan and the judgment and order
- 3 -
HC-KAR NC: 2026:KHC:10659 CRL.RP No. 277 of 2026
dated 12.12.2025 passed in Crl.A.No.142/2024 passed by the Court of Principal District and Sessions Judge, Hassan. 2. Heard the learned counsel for the petitioner. 3. Respondents herein along with another were charge sheeted for the offences punishable under Sections 504, 323, 324, 326, 506 read with Section 149 by Dudda Police Station, Hassan and were tried for the charge sheeted offences in CC No.5199/2014. It is the case of the prosecution that on 22.08.2010 at about 06.00 a.m. when the petitioner herein was in her parents’ house, accused No.1, who is her husband came to the said house and after abusing her, dragged her out of the house and assaulted her with a club. The other accused persons also assaulted her with their hands and legs and when her sister Kalamma and sister-in-law Thayamma tried to intervene, accused persons even assaulted them causing injuries. It is under these circumstances, FIR was registered against husband of the petitioner and the respondents herein by Dudda Police Station in Crime No.112/2010. After completing investigation, charge sheet was filed against all the accused named in the FIR for the aforesaid offences. - 4 -
HC-KAR NC: 2026:KHC:10659 CRL.RP No. 277 of 2026
4. The prosecution in order to prove its charges against the accused had examined nine charge witnesses before the Trial Court as PW1 to PW9 and got marked nine documents as Ex.P1 to P9. Three material objects were also produced and marked as MO1 to MO3. On behalf of defence, no oral or documentary evidence was placed on record. The Trial Court, after hearing the arguments addressed on both sides, by judgment and order dated 16.01.2024, acquitted all the accused in CC No.5199/2014 of the charge sheeted offences. The judgment and order of acquittal passed by the Trial Court in CC No.5199/2014 was confirmed in Crl.A.No.142/2024 by the Court of Principal District and Sessions Judge, Hassan. It is under these circumstances, the defacto complainant is before this Court. 5.
PW1/Chandrama, who is the petitioner herein is the wife of accused No.1/Shankare Gowda. The other accused persons, who are arraigned as respondents herein are all relatives of accused No.1. Accused No.1 had died during the pendency of the case before the Trial Court. The Trial Court having appreciated that the prosecution has not examined any
- 5 -
HC-KAR NC: 2026:KHC:10659 CRL.RP No. 277 of 2026
independent witness in the present case and the deposition of PW1, PW2, PW4 and PW5, who are interested witnesses, are full of inconsistencies, has refused to believe their evidence. 6. The material on record would go to show that the prosecution also had failed to prove the injuries suffered by the victim by placing necessary medical documents before the Trial Court. Though in the evidence of PW4 and PW8, it has come on record that many villagers had gathered at the time of incident, the prosecution had failed to examine any one of the villagers in the present case. It is under these circumstances, the Trial Court had acquitted the accused of the charge sheeted offences. The Appellate Court having re-appreciated the oral and documentary evidence available on record has rightly confirmed the judgment and order of acquittal passed by the Trial Court. 7. The Hon'ble Supreme Court in the case of Mahabir and Others vs. State of Haryana - 2025 SCC OnLine SC 184, has observed that the scope of this Court in its revisional jurisdiction to interfere with the judgment and order of acquittal passed by two Courts is very limited. - 6 -
HC-KAR NC: 2026:KHC:10659 CRL.RP No. 277 of 2026
8. Under the circumstances, I do not find any good ground to entertain this petition. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE
DN List No.: 1 Sl No.: 41