- 1 - HC-KAR NC: 2026:KHC:830 CRL.RP No. 896 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 896 OF 2023 BETWEEN: SRI SADGUNA N ADAPPA SINCE DECEASED SRI RAMANATH S ADAPA AGED ABOUT 50 YEARS S/O LATE SADGUNA ADAPA JALTARANG CHS, 2B-204 RAMBAUG, POWAI, GREATER MUMBAI MAHARASTRA - 400 076. …PETITIONER (BY SRI VEERESH M UPPIN, ADV., FOR SRI CHANDRANATH ARIGA K, ADV) AND: 1. SRI SATHISH SHETTY AGED ABOUT 43 YEARS S/O LATE RAJEEVA SHETTY RESIDING AT MANCHIL LACHIL HOUSE, DODDPADAKATTE POST NITTE VILLAGE, KARKALA TALUK UDUPI DISTRICT. 2. STATE OF KARNATAKA BY KARKALA RURAL P.S REPT BY PUBLIC PROSECUTOR BANGALORE - 560 001. …RESPONDENTS (BY SRI PRASANNA KUMAR S, ADV., FOR R-1; SRI CHANNAPPA EERAPPA, HCGP FOR R-2) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO 1.SET ASIDE THE JUDGMENT DATED 17.03.2018 IN C.C.NO.1272/2014 ON THE FILE OF II ADDL.CIVIL JUDGE AND J.M.F.C KARKALA. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:830 CRL.RP No. 896 of 2023 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. This criminal revision petition under Section 397 read with Section 401 of Cr.P.C. is filed by the defacto complainant with the prayer to set-aside the judgment and order of acquittal passed in CC No.1272/2014 by the Court of II Addl. Civil Judge and JMFC, Karkala dated 17.03.2018, which was confirmed in Crl.A.No.27/2018 by the Court of II Addl. District and Sessions Judge, Udupi (Itinerary sitting at Karkala), by judgment and order dated 10.04.2025. 2. Heard the learned counsel for the parties. 3. Respondent No.1 herein was charge sheeted for the offences punishable under Sections 325, 504 and 506 of IPC and he was tried for the alleged offences by the Trial Court in CC No.1272/2014. The prosecution, in order to prove its charges against respondent No.1/accused had examined ten charge sheet witnesses as PW1 to PW10 and had got marked 6 documents as Exs.P1 to P6. On behalf of the defence, no - 3 - HC-KAR NC: 2026:KHC:830 CRL.RP No. 896 of 2023 evidence was led nor was any document got marked. The Trial Court vide judgment and order dated 17.03.2018 had acquitted respondent No.1/accused for the charge sheeted offences and the said judgment and order of acquittal was confirmed in Crl.A.No.27/2018 by the Court of II Addl. District and Sessions Judge, Udupi, by judgment and order dated 10.04.2023. Aggrieved by the same, the petitioner is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits both the Courts have failed to properly appreciate the evidence on record and have erred in acquitting respondent No.1. He submits that the incident in question as well as the injuries suffered by the victim was proved by the prosecution and in spite of the same, the Trial Court has erroneously acquitted respondent No.1/accused. 5. Per contra, learned counsel for respondent No.1/accused has argued in support of the impugned judgment and order of acquittal. - 4 - HC-KAR NC: 2026:KHC:830 CRL.RP No. 896 of 2023 6. Perusal of the material on record would go to show that there is a civil dispute between the accused and PW1 and PW2. According to the prosecution, on the alleged date of incident, accused had quarrelled with PW1 and PW2 and he had caught hold of the left hand of PW1 and twisted the same and when she fell down, she had suffered injuries on her left hand and hip. Prosecution in order to prove the charges against the accused had examined totally ten charge sheet witnesses as PW1 to PW10. Except PW1 and PW2, the other material charge sheet witnesses have not supported the case of the prosecution. Evidence of PW1 and PW2 therefore, remained uncorroborated and having regard to the civil dispute between the parties, the Trial Court has refused to place reliance solely on the deposition of PW1 and PW2. 7. Perusal of the material on record would also go to show that according to the prosecution, the victim (PW1) had suffered a fracture injury. However, prosecution has failed to produce x-ray report of injured victim. PW7/doctor, who was examined by the prosecution has deposed before the Court that in the absence of X-ray report, it would not be possible for him - 5 - HC-KAR NC: 2026:KHC:830 CRL.RP No. 896 of 2023 to say what exactly is the injury that was suffered by PW1. Appreciating the aforesaid aspects of the matter, the Trial Court has rightly acquitted respondent No.1/accused for the charge sheeted offences. Crl.A.No.27/2018 filed by the petitioner herein before the Court of II Additional District and Sessions Judge, Udupi, assailing the judgment and order of acquittal passed by the Trial Court was also dismissed. The Appellate Court has re-appreciated the evidence placed on record by the prosecution and has recorded a finding that the Trial Court had arrived at a just conclusion and there was no scope for interference with the judgment and order of acquittal passed by the Trial Court. 8. Under the circumstances, I am of the opinion that no case is made out by the petitioner to interfere with the concurrent findings of acquittal recorded against respondent No.1 in the present case. Unless the judgment and order of acquittal passed by the Trial Courts suffers from illegality which is apparent on the face of the record or the judgment and order of acquittal is found to be perverse, this Court in exercise of its revisional jurisdiction under Section 397 read with Section 401 - 6 - HC-KAR NC: 2026:KHC:830 CRL.RP No. 896 of 2023 of Cr.P.C., cannot interfere with the concurrent findings of acquittal recorded by the two Courts. 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.: 34