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2026 DAILYLAW 28636 (KAR)

B R GANGADHARNAIKA v. V SUBBARAJU

CRL.RP/307/2023 · 2026-07-15

H P Sandesh

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010124082023 NC: 2026:KHC:36206 CRL.RP No. 307 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.307 OF 2023 BETWEEN: 1. B.R. GANGADHARNAIKA S/O LATE RAJA NAIKA AGED ABOUT 39 YEARS POINTS MEN, S.M.R. OFFICE RAILWAY STATION, ARSIKRERE. …PETITIONER (BY SRI. LOKESH KUMAR K.S., ADVOCATE) AND: 1. V. SUBBARAJU S/O VENKATADRI AGED ABOUT 61 YEARS POINTS MEN, NO.234, J. NEAR RAILWAY HOSPITAL RAILWAY QUARTERS ARSIKERE-573 103. …RESPONDENT (BY SRI. SHIVAKUMAR V., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 23.12.2022 PASSED BY THE II ADDL. DISTRICT AND SESSION JUDGE, HASSAN IN CRL. APPEAL NO.110/2022 PARTLY ALLOWED AND MODIFIED THE TRIAL COURT ORDER BY REDUCING THE SENTENCE FROM 7,00,000/- TO 4,50,000/- AND IN DEFAULT, HE SHALL UNDERGO SIMPLE IMPRISONMENT Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010124082023 NC: 2026:KHC:36206 CRL.RP No. 307 of 2023 FOR 3 MONTHS AGAINST THE ORDER OF CONVICTION DATED 06.06.2022 PASSED IN C.C.NO.170/2018 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC AT, ARSIKERE, SEEKING FOR DISMISSING THE COMPLAINT OF THE RESPONDENT / COMPLAINANT. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER The parties and respective counsels for the parties are present before the Court. 2. Learned counsels for both the parties have filed a joint memo and the matter is settled for an amount of Rs.3,50,000/-. The amount in deposit before the Trial Court is to the tune of Rs.2,25,000/- which is ordered to be released in terms of the settlement in favour of the complainant- respondent on proper identification. The balance amount of Rs.1,25,000/- is payable in two installments. The first installment of Rs.75,000/- will be paid by way of Demand Draft in favour of the respondent-complainant on 05.08.2026 and second installment of Rs.50,000/- also would be paid on 03.09.2026 by way of Demand Draft. - 3 - HC-KAR CNR: KAHC010124082023 NC: 2026:KHC:36206 CRL.RP No. 307 of 2023 3. The joint memo is taken on record. 4. If the petitioner-accused violates the terms of the joint memo, liberty is reserved to the complainant-respondent to recover the entire amount as imposed by the First Appellate Court. 5. The petitioner is also directed to pay the amount of Rs.10,000/- within two weeks which shall vest with the State, if the petitioner fails to deposit the amount and produce the receipt in the Registry, list this matter before the Court on 06.08.2026. 6. In view of the joint memo filed by the parties, the petitioner is acquitted for the offence punishable under Section 138 of N.I. Act, subject to payment of installments as agreed. In terms of the joint memo, the revision petition stands disposed of. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 17