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2025 Supreme(Kar) 2306

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH, J.
 
Hameed, S/o. Edinab – Appellant
Versus
State By Bidadi Police, Represented By Spp. – Respondent 
Criminal Revision Petition No.146 Of 2021
Decided On : 28-11-2025
 

Advocates Appeared:
For the Appellant : Sri. Shankarappa S., Adv.
For the Respondent: Smt. Rashmi Jadhav, Addl. Spp And Sri. P. Prasanna Kumar, Adv.

The conviction was quashed due to procedural irregularities, evidentiary failures, and bias in police investigations, highlighting the need for stringent adherence to legal standards.

Headnote:(A) Indian Penal Code, 1860 - Sections 143, 147, 114, 324, 323, 504, 149 - Conviction for forming unlawful assembly and assault - The Trial Court convicted the accused for specific offences but invoked the Probation of Offenders Act instead of imposing sentences, and the conviction was upheld by the Appellate Court. (Paras 4, 30, 36, 97)

(B) Criminal Procedure Code, 1973 - Sections 162 and 391 - The evidence of the Investigating Officer indicated failure to register FIR promptly, admitting to bias towards management's complaint, and contradicting key witness accounts - The Court found gross errors and misrepresentations that amounted to a miscarriage of justice. (Paras 8, 66, 96)

(C) Evidentiary Standards - The Court highlighted the absence of proper documentation and adherence to procedural integrity regarding electronic evidence, affecting the admissibility of critical items used in prosecution - Conviction overturned on these grounds. (Paras 47, 50, 60)

Table of Content
1. judgment details including charges, evidence collected. (Para 1 , 3 , 4 , 5)
2. arguments regarding admissibility of evidence and procedural errors. (Para 7 , 8 , 9 , 10)
3. observations on investigation and witness reliability. (Para 11 , 12 , 16 , 18)
4. errors in evaluating witness testimony and procedural integrity. (Para 13 , 14 , 15)
5. importance of adherence to proper legal procedures. (Para 20 , 21 , 22 , 23)
6. discussion on electronic evidence handling. (Para 24 , 25)
7. further examination of witness interactions and evidence credibility. (Para 27 , 28 , 29 , 30)
8. details on procedural correctness in investigations. (Para 31 , 32 , 36)
9. recap of the necessity for evidential integrity. (Para 38 , 39)
10. conclusive remarks on witness credibility and evidence management. (Para 42 , 43 , 46)
11. judicial analysis of procedural flaws leading to miscarriages of justice. (Para 55 , 56 , 57 , 58)
12. final conclusions based on the overall evidence assessment and judicial precedent. (Para 60 , 61)
13. court's final order to acquit the accused. (Para 97 , 98)

ORDER :

H. P. SANDESH, J.

1. This revision petition is filed praying this Court to set aside the judgment of conviction dated 24.01.2019 in C.C.No.1005/2011 on the file of the Principal Civil Judge (Jr.Dn) and JMFC at Ramanagara for the offences punishable under Sections 143 , 147, 114, 324, 323, 504 read with Section 149 of IPC , which is confirmed in Criminal Appeal No.4/2019 dated 26.02.2020 on the file of the I Additional District and Sessions Judge, Ramanagara and prayed the Court to acquit the revision petitioners.

2. Heard the learned counsel Sri Shankarappa S appearing for the petitioners and the learned counsel Sri P. Prasanna Kumar who is permitted to assist the State vide order dated 24.03.2025.

3. The factual matrix of the case of the prosecution before the Trial Court is that the complainant was working as Junior Officer HR in M/s. Stanzen Toyotetsu India Pvt. Ltd., Toyota Techno Park, Bidadi and allegation is made in the complaint that the accused persons with an intention to take away the life had caused bodily injuries to their Senior Management staff on 19.03.2011 at about 10.30 p.m. The members of the unlawful assembly started protest inside the Company and gathered near first aid room of the factory and when its General Manager C.W.2 came to enquire the same, accused Nos.6 and 13 assaulted him with first aid box and window frame over his head and caused him bleeding injuries and other accused assaulted C.W.3 to C.W.7 with their hands and legs causing them simple injuries and threatened C.W.3 to C.W.7 and abused in a filthy language and destroyed the furnitures and glasses and attempted to snatch gold chain from the neck of C.W.7. Based on the complaint Ex.P1, case was registered in Crime No.173/2011. The police investigated the matter and filed the charge-sheet for the offences punishable under Sections 143 , 147, 114, 324, 323, 504, 506, 427, 356 read with Section 149 of IPC . The jurisdictional Magistrate having received the charge-sheet, in compliance with Section 207 of Cr.P.C., framed the charges for the above offences against the accused and the accused persons did not plead guilty and claimed trial. Hence, the prosecution relied upon the evidence of P.W.1 to P.W.15 and Exs.P.1 to 11 along with M.Os.1 to 7. Exs.D.1 and 2 are marked for the defence, but the accused did not choose to lead any defence evidence.

4. The Trial Court having considered both oral and documentary evidence available on record and also the respective submissions, convicted the accused only for the offences punishable under Sections 143 , 147, 114, 324, 323, 504 read with Section 149 of IPC and acquitted the accused persons for the offences punishable under Sections 427 , 356 and 506 read with 149 of and instead of sentencing them to the aforesaid offences, by exercising the power under Sections 3 and 4 of the Probation of Offenders Act, considered the case of t

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