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2026 DAILYLAW 47181 (KAR)

RANGAIAH v. R. SHASHIDHARA

CRL.RP/362/2025 · 2026-01-08

S Vishwajith Shetty

Criminal Appealbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1095 CRL.RP No. 362 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 362 OF 2025 BETWEEN: RANGAIAH S/O LATE GOVINDAIAH NOW AGED ABOUT 63 YEARS R/AT C/O RTO MOHAN SUBHASH NAGARA APMC ROAD, ARASIKERE TOWN HASSAN DISTRICT - 571 231. …PETITIONER (BY SRI CHANDRASHEKARA K.A, ADV.) AND: R. SHASHIDHARA S/O RAMAIAH NOW AGED ABOUT 46 YEARS R/AT M.B.COLONY, (AYYANABHAVI) VILLAGE, KASABA HOBLI TIPTUR TALUK, TUMAKURU DISTRICT - 572 201. …RESPONDENT (BY SRI VEERESHA E, ADV.) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 19.06.2024 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC TIPTUR IN C.C.NO.1188/2021 AND CONFIRMED BY THE LEARNED V ADDL. DIST. AND SESSIONS JUDGE, TUMAKURU (SITTING AT TIPTUR) IN CRL.A.NO.10019/2024 DATED 28.01.2025 AND ACQUIT THE PETITIONER / ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1095 CRL.RP No. 362 of 2025 ORAL ORDER 1. Accused is before this Court in this Criminal Revision petition filed under Section 397 read with 401 of Cr.P.C with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.1188 of 2021 by the Court of Senior Civil Judge & JMFC, Tiptur dated 19.06.2024 and the judgment and order passed in Criminal Appeal No.10019 of 2024 by the Court of V Addl. District & Sessions Judge, Tumkur (sitting at Tiptur) dated 28.01.2025. 2. Heard the Learned counsel for the parties. 3. Learned counsel for the petitioner submits that petitioner intends to settle the dispute with the respondent. He submits that 20% of the fine amount i.e., Rs.77,550/- has been deposited by the petitioner before the Trial Court on 20.09.2024. The balance fine amount of Rs.3,10,200/- shall be deposited by the petitioner before the Trial Court on or before 30.04.2026. He submits that since the petitioner has only partially complied the interim order passed by this Court the Trial Court has issued arrest warrant against the petitioner. Therefore, the Trial Court may be directed not to take coercive - 3 - HC-KAR NC: 2026:KHC:1095 CRL.RP No. 362 of 2025 action against the petitioner till 30.04.2026. Learned counsel for the petitioner has filed a memo to the said effect which is signed by the petitioner as well as by the learned counsel for petitioner. 4. Learned counsel for the respondent submits that the memo may be taken on record and this criminal revision petition may be disposed of in terms of the memo. He submits that in the event petitioner fails to deposit the balance fine amount before the Trial Court as undertaken, the Trial Court may be directed to proceed against the petitioner in accordance with law. 5. Submissions made on both sides as well as the memo filed on behalf of the petitioner are placed on record. 6. The memo filed by the petitioner reads as follows. "The petitioner in the above case in compliance of the order passed by the Hon'ble Sessions court to deposit 20% of the fine amount has deposited a sum of Rs 77,550/- before the Hon'ble trial court on 20/09/2024. Due to his bad health reason, the petitioner herein could not deposit the amount as ordered by this - 4 - HC-KAR NC: 2026:KHC:1095 CRL.RP No. 362 of 2025 Hon'ble court, however he offered the surety and executed his personal bond. Now, the petitioner herein before this Hon'ble court who is personally appeared before this Hon'ble court today is voluntarily filing this memo under taking to deposit the remaining amount of Rs 3,10,200/- as ordered by this Hon'ble court on or before 30/04/2026 before the Hon'ble trial court without fail." 7. The Criminal Revision petition is disposed of in terms of the memo and the petitioner is granted time to deposit the balance fine amount of Rs.3,10,200/- before the Trial court on or before 30.04.2026. In the event petitioner deposits the balance fine amount as aforesaid, the respondent is at liberty to withdraw the same. However, if the petitioner fails to deposit the balance fine amount of Rs.3,10,200/- before the Trial Court on or before 30.04.2026 the Trial Court is at liberty to proceed against the petitioner in accordance with law for executing the order of sentence. The amount of Rs.77,500/- which the petitioner has deposited before the Trial Court on 20.09.2024 is permitted to be withdrawn by the respondent- complainant. - 5 - HC-KAR NC: 2026:KHC:1095 CRL.RP No. 362 of 2025 The Trial Court shall not take any precipitative or coercive action as against the petitioner for executing the impugned order of sentence till 30.04.2026. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 29