Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:548 CRL.RP No. 1984 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1984 OF 2025 BETWEEN:
K. RAGHU S/O KRISHNA AGED ABOUT 36 YEARS R/AT NO.1837, AKBAR ROAD MANDI MOHALLA, TASHKER MOHALLA, MYSURU - 570 021. …PETITIONER (BY SRI PRASHANTH K.S, ADV.) AND:
1.
BENKI CHIDANANDA S/O BENKI THIPPESWAMY AGED ABOUT 60 YEARS R/AT NO.468/E, 9TH CROSS E-BLOCK, J.P.NAGAR MYSURU.
2.
THE STATE BY VIDYARANYAPURAM POLICE STATION, REP.
BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA MYSURU - 570 008. …RESPONDENTS (BY SRI RAHUL RAI, HCGP)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO MODIFY THE JUDGMENT OF CONVICTION AND SENTENCE PASSED IN C.C.NO.8071/2016 ON THE FILE OF THE LEARNED II ADDL.SENIOR CIVIL JUDGE AND C.J.M MYSURU DATED 20.01.2020 AND CONFIRMED IN CRL.A.NO.158/2020 ON THE FILE OF THE LEARNED IV ADDL.DISTRICT AND SESSIONS JUDGE, MYSURU DATED 29.06.2021 AND ENHANCE THE SENTENCE OF THE ACCUSED.
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:548 CRL.RP No. 1984 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Complainant is before this Court in this revision petition filed under Section 397 read with 401 Cr.PC with a prayer to modify the judgment and order of conviction and sentence dated 20.01.2020 passed in CC.No.8071/2016 by the Court of II Addl. Senior Civil Judge & CJM, Mysuru, which is confirmed in Crl.A.No.158/2020 by the Court of IV Addl. District & Sessions Judge, Mysuru, vide judgment and order dated 29.06.2021.
2. Heard.
3. Perusal of the material on record would go to show that respondent no.1 herein was charge-sheeted and tried in CC.No.8071/2016 for the offences punishable under Sections 406, 420, 467, 471, 504, 506 read with 34 IPC and the Trial Court had acquitted him for the offences punishable under Sections 504, 506, 406 read with 34 IPC, and convicted him for the offences punishable under Sections 420, 467 & 471 IPC. Challenging the judgment and order of conviction and sentence passed against him by the Trial Court in CC.No.8071/2016,
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HC-KAR NC: 2026:KHC:548 CRL.RP No. 1984 of 2025
respondent no.1 herein had filed Crl.A.No.30/2020 before the Court of IV Addl. District & Sessions Judge, Mysuru, whereas seeking enhancement of sentence as well as assailing the acquittal of respondent no.1 for certain offences, State had filed Crl.A.No.158/2020 before the Court of IV Addl. District & Sessions Judge, Mysuru, under Sections 377 & 378 of Cr.PC. The aforesaid two appeals were dismissed by the learned Sessions Judge by two separate judgments passed on
29.06.2021. Being not satisfied with the judgment and order passed in Crl.A.No.158/2020, petitioner who is the defacto complainant is before this Court in this revision petition.
4. It is relevant to note here that respondent no.1/accused had approached this Court in Crl.R.P.No.811/2021 assailing the
judgment and order of conviction and sentence passed in CC.No.8071/2016 which was confirmed in Crl.A.No.30/2020. In the said revision petition, the petitioner herein was arrayed as respondent no.2. The coordinate bench of this Court has dismissed Crl.R.P.No.811/2021 by order dated 04.06.2025 and thereby confirmed the judgment and order of conviction and sentence passed by the Trial Court in CC.No.8071/2016 which was confirmed by the Appellate Court in Crl.A.No.30/2020.
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HC-KAR NC: 2026:KHC:548 CRL.RP No. 1984 of 2025
Petitioner herein is a party to the said order passed in Crl.R.P.No.811/2021. It is only after dismissal of the said revision petition, the petitioner is before this Court in this criminal revision petition with a prayer to modify the judgment and
order of conviction and sentence passed in CC.No.8071/2016 against respondent no.1 herein.
5. Since the judgment and order of conviction and sentence passed against respondent no.1 in CC.No.8071/2016 has been already confirmed by the coordinate bench of this Court in Crl.R.P.No.811/2021, in which the petitioner was respondent no.2, this revision petition filed by the petitioner seeking modification of the judgment and order of conviction and sentence passed in CC.No.8071/2016 cannot be entertained. Accordingly, the revision petition is dismissed. Consequently, the pending application also stands dismissed.
Sd/- (S VISHWAJITH SHETTY) JUDGE
KK