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2026 DAILYLAW 3263 (KAR)

MAHABALA SAPALYA v. SRI AUGUSTINE D SOUZA

CRL.RP/1353/2022 · 2026-04-09

V Srishananda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:19841 CRL.RP No. 1353 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1353 OF 2022 BETWEEN: MAHABALA SAPALYA S/O LATE GURUVAPPA SAPALYA AGED ABOUT 50 YEARS STAR NETWORK MARAPPA BUILDING UJJODI KANKANADY POST MANGALORE - 575 002 …PETITIONER (BY SRI. ABISHEK MARLA M.J., ADVOCATE) AND: SRI AUGUSTINE D'SOUZA S/O LATE LOUIS D'SOUZA AGED ABOUT 69 YEARS R/A BOLLA HOUSE BAJAL POST MANGALURU - 575 023 …RESPONDENT (BY SRI. P.M. NAYAK, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 26.09.2022 IN CRL.A.NO.132/2020 PASSED BY THE I ADDL. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19841 CRL.RP No. 1353 of 2022 DISTRICT AND SESSIONS JUDGE, MANGALORE D.K., AND THE JUDGMENT OF CONVICTION PASSED BY THE COURT OF THE V- JMFC, MANGALORE D.K., DATED 25.11.2020 IN C.C.NO.888/2016. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments for some time, learned counsel for the petitioner has filed a memo. Memo reads as under: "The counsel for petitioner on instruction from the petitioner most respectfully submits that the petitioner would pay the balance amount of the petition subject amount in 3(three) installments and the first installment would be paid on or before 5th May 2026 and the second installment would be paid on or before 5th June 2026 and the final and last installment would be paid on or before 5th July 2026 to the complainant Mr. Augustine D'Souza. In this lieu of the submission/undertaking. the counsel for petitioner most respectfully submits that the petition may be disposed and the sentence imposed on the petitioner may be suspended in the interest of justice and equity." - 3 - HC-KAR NC: 2026:KHC:19841 CRL.RP No. 1353 of 2022 2. Counsel for the respondent has endorsed no objection. 3. Placing the memo on record, petition stand disposed off. 4. Amount in deposit is ordered to be withdrawn by the complainant if not already withdrawn, under due identification. 5. It is made clear that if there is any default in the payment of compensation amount as agreed in the memo, the petitioner shall undergo imprisonment as ordered by the Trial Magistrate confirmed by the First Appellate Court. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 29