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CRL.RP No. 1082 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF JANUARY, 2023

BEFORE

THE HON'BLE MR JUSTICE G BASAVARAJA

CRIMINAL REVISION PETITION NO. 1082 OF 2019

BETWEEN:

STATE OF KARNATAKA

BY RURAL POLICE, CHIKKAMAGALURU,

REP. BY STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BENGALURU 01

…PETITIONER

(BY SMT. RASHMI JADHAV, HCGP)

AND:

1. MOHAMMED RAFEEQ

S/O LATE AMEERJAN,

AGED ABOUT 22 YEARS,

MASON, R/O HALE UPPALLI,

THAVAREKERE ROAD,

CHIKKAMAGALURU 577101.

2. ABDUL SAMAD

AGED 22 YEARS, STUDENT,

S/O NASIR AHMED, HIREKOLALE ROAD,

UPPALLI,CHIKKAMAGALURU 577101.

3. HASAN MINAZ @ MUNNA

SON OF ISMAIL, AGED 22 YEARS,

Digitally signed

by RAMYA D

Location: High

Court of

Karnataka

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CRL.RP No. 1082 of 2019

GUJARI BUSINESS, R/O

BEHIND BADRIYA MASJID,

NEHRU NAGAR,

CHIKKAMAGALURU 577101.

4. HAKKIM

S/O MOHAMMED,

AGED ABOUT 23 YEARS,

MASON WORK,

R/O HALEUPPALLI, INDAVARA POST,

CHIKKAMAGALURU 577101.

…RESPONDENTS

(BY SRI. N R RAVIKUMAR, ADVOCATE)

THIS CRL.RP FILED U/S 397 R/W 401 OF CR.PC,

PRAYING TO SET ASIDE THE AFORESAID JUDGMENT AND

ORDER IN CRL.A.NO.70/2017 ON THE FILE OF THE

LEARNED II ADDITIONAL DISTRICT AND SESSIONS

JUDGE,

CHIKKAMAGALURU

DATED

23.01.2019

AND

C.C.NO.111/2015 DATED 16.01.2017 ON THE FILE OF THE

LEARNED I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,

CHIKKAMAGALURU

ACQUITTING

THE

RESPONDENT/

ACCUSED FOR THE OFFENCE P/U/S 379 OF IPC AND

CONVICT THE RESPONDENTS/ACCUSED PERSONS FOR

THE AFORE OFFENCE P/U/S 379 OF IPC.

THIS CRL.RP, COMING ON FOR ADMISSION, THIS

DAY, THE COURT MADE THE FOLLOWING:

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CRL.RP No. 1082 of 2019

ORDER

This criminal revision petition is filed under Section

397 r/w Section 401 of Cr.P.C. seeking to set aside the

judgment dated 23.01.2019 passed by the II Addl. District

& Sessions Judge, Chikkamagaluru, in Crl.A.No.70/2017

and judgment dated 16.01.2017 passed by the I Addl.

Senior

Civil

Judge

&

JMFC,

Chikkamagaluru,

in

C.C.No.111/2015

acquitting

the

accused

for

the

commission of offence punishable under Section 379 of

IPC.

2.

Parties are referred to as per their ranking

before the trial court for the sake of convenience.

3.

Brief facts of the case are that:

On 04.11.2014 in Indavara village during night hours

accused Nos.1 to 4 have taken away the cow and a calf

worth Rs.15,000/- belonged to CW-1 without his consent,

illegally and thereby committed the alleged offence

punishable under Section 379 of IPC.

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CRL.RP No. 1082 of 2019

4.

On receipt of charge sheet, trial court has taken

cognizance for the commission of offence punishable under

Section 379 of IPC. In pursuance of summons, accused

appeared before the court and enlarged on bail. Trial

court has framed the charges for the commission of

offence punishable under Section 379 of IPC. Same is

read over and explained to the accused. Having

understood the same, accused has pleaded not guilty and

claimed to be tried.

5.

To prove the case of prosecution, in all 11

witnesses were examined as PW-1 to PW-11 and 12

documents were got marked as Exs.P-1 to P-12. On

closure of prosecution side evidence, statement under

Section 313 of Cr.P.C. is recorded. Accused has denied

the incriminating evidence appearing against him, but he

has not adduced any defence evidence on his behalf.

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CRL.RP No. 1082 of 2019

6.

On hearing the arguments on both sides, trial

court has acquitted the accused on 16.01.2017. Being

aggrieved by the judgment passed by the trial court, the

State has preferred Crl.A.No.70/2017 before the II Addl.

and District Judge, Chickmagaluru, which came to be

dismissed on 23.01.2019. Being aggrieved by the said

judgment passed by the appellate court and also judgment

passed by the trial court, the State has preferred this

criminal revision petition.

7.

Smt.Rashmi Jadhav, learned HCGP appearing

for the State has submitted her a