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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Umesh, S/o. Sri Vasanthaiah – Appellant
Versus
State Of Karnataka, Rep. By Bellavi Police Station, Bellavi, Rep. By State Public Prosecutor – Respondent
ORDER :
M. NAGAPRASANNA, J.
These petitions are preferred by different accused in different crime numbers arising out of a dispute over the same property. The petitioners in Crl.P.No.8634/2023 and Crl.P.No.4198/2024 are before this court calling in question the proceedings in CC.No.5272/2022 arising of out of the FIR in Crime No. 02/2022 registered for offences punishable under Sections 174, 175, 201, 326, 447, 504 and 506 of the IPC. The petitioner in Crl.P.No.9889/2024 is before this court calling in question the proceedings in CC.No.113/2022 arising of out of the FIR in Crime No. 60/2021 registered for offences punishable under Sections 427, 326 and 506 of the IPC.
2. Heard Sri. Keerthi Prasad, learned counsel for the petitioner in Crl.P.No.8634/2023, Smt. Radhika K., learned counsel for the petitioner in Crl.P.No.4198/2024, Sri. Vinay Mahadevaiah, learned High Court Government Pleader for the State in all the three petitions and Sri. V.B. Siddaramaiah, learned counsel for petitioner in Crl.P.No.9889/2024 and learned counsel for the respondent No.2 in Crl.P.No.4198/2024.
3. Facts, in brief, germane are as follows:-
The petitioners and respondent No.2 in all the petitions before this
The existence of gravely injured parties in a property dispute substantiates criminal proceedings under IPC, regardless of ongoing civil disputes.
The main legal point established in the judgment is that the evidence of injuries and the use of weapons by the accused were crucial in establishing the guilt under Sec. 326 of IPC.
Point of Law : Court is of considered view that the injuries caused by stick in right ear of the victim by Naazim can not be said to be a grievous hurt as there is no medical report that there has be....
Conviction for assault modified from Section 324 IPC to Section 323 IPC due to insufficient evidence categorizing the weapon as dangerous.
The main legal point established in the judgment is the interpretation and application of different sections of IPC, specifically Section 307, Section 326, and Section 448, in determining the appella....
The main legal point established in the judgment is that the accused's actions constituted an offence under Section 326 of IPC, and the evidence presented by the prosecution was sufficient to prove t....
Violation of procedural rules in SC & ST Act investigations vitiates trial outcomes; the conviction under lesser charges can be maintained despite initial assault intensity.
The court emphasized the principle of parity in sentencing, ensuring similar roles in crime led to aligned convictions, and mandated adherence to the statutory requirements for probation.
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