- 1 - HC-KAR NC: 2026:KHC:6724 CRL.RP No. 437 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 437 OF 2016 BETWEEN: PARTHA SARATHI S/O LATE AYENGAR AGED ABOUT 45 YEARS R/AT WESTERN SIDE OF POLICE GROUND, M.G. ROAD CHIKKABALLAPURA - 562 101. …PETITIONER (BY SRI JAGADISH J.R, ADV.) AND: STATE OF KARNATAKA BY TOWN POLICE CHIKKABALLAPURA TOWN CHIKKABALLAPURA - 562 101. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 23.03.2013 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, CHIKKABALLAPURA IN C.C.NO.289/2011, PRODUCED AS ANNEXURE-A AND ALSO SET ASIDE THE JUDGMENT DATED 14.01.2016 PASSED BY THE PRL. DIST. AND S.J., CHIKKABALLAPURA IN CRL.A.NO. 58/2013 PRODUCED AS ANNEXURE-B AND CONSEQUENTLY ACQUIT THE ACCUSED/PETITIONER. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6724 CRL.RP No. 437 of 2016 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused is before this Court in this revision petition filed under Section 397 read with Section 401 of Cr.P.C. with a prayer to set-aside the judgment and order of conviction and sentence dated 23.03.2013 passed in CC No.289/2011 by the Court of Principal Civil Judge and JMFC, Chikkaballapur and the judgment and order dated 14.01.2016 passed in Crl.A.No.58/2013 by the Court of Principal District and Sessions Judge, Chikkaballapur. 2. Heard the learned counsel for the parties. 3. It is the case of the prosecution that on 07.10.2010 at about 11.00 p.m. near the house of first informant/PW1, petitioner was quarrelling with one Raheemsab and all of a sudden, petitioner abused the first informant, who was watching the quarrel between the petitioner and aforesaid Raheemsab. When the first informant (CW1) questioned the petitioner, he allegedly assaulted her with a club on her face and caused grievous injuries in which she lost a teeth. It is under these circumstances, she had approached the police. - 3 - HC-KAR NC: 2026:KHC:6724 CRL.RP No. 437 of 2016 4. FIR was registered against the petitioner for the offences punishable under Sections 323, 324, 326 and 504 of IPC. After completing investigation, charge sheet was filed against petitioner for the aforesaid offences and he was tried for the charge sheeted offences in CC No.289/2011. The prosecution in order to substantiate its allegation against the petitioner, had in all examined seven witnesses as PW1 to PW7 and got marked five documents as Ex.P1 to P5. On behalf of the defence, no oral or documentary evidence was placed on record. After hearing the arguments addressed on both sides, the Trial Court convicted the petitioner for the offences punishable under Sections 504 and 324 of IPC and acquitted him for the offences punishable under Sections 323 and 326 of IPC. For the offence punishable under Section 504 of IPC, petitioner was sentenced to undergo simple imprisonment for a period of six months and for the offence punishable under Section 324 of IPC, he was sentenced to undergo simple imprisonment for a period of six months. The Appellate Court vide judgment and order dated 14.01.2016 passed in Crl.A.No.58/2013 dismissed the appeal filed by the petitioner. It is under these circumstances, petitioner is before this Court. - 4 - HC-KAR NC: 2026:KHC:6724 CRL.RP No. 437 of 2016 5. According to the prosecution, in the alleged incident that had taken place on 07.10.2010, petitioner had assaulted CW1 after abusing her using filthy language and in the said incident, CW1, who had suffered injuries had lost her teeth as a result of the assault made by the petitioner with a club on her. CW1 is examined as PW1 in the present case and her Wound Certificate is produced as Ex.P4. Perusal of Ex.P4 would go to show that history given in the Hospital by the injured was that the assault was made by one M. V. Shastri and his wife on her at about 10.00 p.m. on 07.10.2010 with a wooden stick. The Trial Court as well as the Appellate Court have failed to appreciate the aforesaid important aspect of the matter and have erred in convicting the petitioner for the charge sheeted offences. The prosecution has not examined the Doctor, who had issued the Wound Certificate at Ex.P4 in the present case. In the absence of any documentary evidence, which would prima facie go to show that CW1 (PW1) had suffered injuries in incident in question as a result of the assault made by the petitioner, both the Courts were not justified in convicting and sentencing the petitioner for the charge sheeted offences. - 5 - HC-KAR NC: 2026:KHC:6724 CRL.RP No. 437 of 2016 Therefore, the impugned judgment and order of conviction and sentence cannot be sustained. Accordingly, the following:- ORDER (i) The criminal revision petition is allowed. (ii) The judgment and order of conviction and sentence dated 23.03.2013 passed in CC No.289/2011 by the Court of Principal Civil Judge and JMFC, Chikkaballapur and the judgment and order dated 14.01.2016 passed in Crl.A.No.58/2013 by the Court of Principal District and Sessions Judge, Chikkaballapur, are set-aside. (iii) The petitioner is acquitted of the charge sheeted offences. His bail bonds, if any, stands cancelled. (iv) Fine amount if any, deposited shall be refunded to the petitioner. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 46