2023 Supreme(Online)(KAR) 2533
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2023
BEFORE
THE HON’BLE MR. JUSTICE RAMACHANDRA D.HUDDAR
CRIMINAL REVISION PETITION No.980/2014
BETWEEN:
1. Thippeswamy S/o Nanjajjara Danappa,
Aged about 62 years,
2. Kallingappa S/o Kottigera Gurusiddappa,
Aged about 47 years,
3. Manjanna S/o Nanjajjara Gurusiddappa,
Aged about 52 years,
4. Yashodhamma W/o Nanjajjara Gurusiddappa,
Aged about 47 years,
5. Kalleshappa S/o Nanjajjara Gurusiddappa,
Aged about 54 years,
6. Hariyanna S/o Kottigera Gurusiddappa,
Aged about 60 years,
7. Basavarajappa S/o Kathari Channappa,
Aged about 64 years,
8. Eshwarappa S/o Gurajjara Gurusiddappa,
Aged about 65 years,
9. T.Halappa S/o Nanjajjara Danappa,
Aged about 57 years,
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All are R/o Makunte Village Road,
Jagaluru Taluk,
Davanagere District - 577 601.
… Petitioners
(By Sri S.G.Rajendra Reddy, Advocate)
AND:
Naveenkumar M.J.
S/o Jayanna M.J
Aged about 20 years,
R/o Makunte Village Road,
Jagaluru Taluk,
Davanagere District - 577 601.
… Respondent
(Served and unrepresented)
This
Criminal
Revision
Petition
is
filed
under
Section 397 read with Section 401 of Cr.P.C., praying to
allow this petition and to set aside the order dated
28.10.2014 in S.C.No.60/2012 passed by the II Addl.
District and Sessions Jude at Davanagere, Davanagere
District and discharge the petitioners for the offence
punishable under Section 307 and 326 of IPC in the
interest of justice.
This Criminal Revision Petition having been heard
and
reserved
on
10.02.2023,
coming
on
for
pronouncement of orders, this day, the Court made the
following :
Heard Sri S.G.Rajendra Reddy, learned counsel
for the petitioner.
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2.
The
petitioners
feeling
aggrieved
dissatisfied with the impugned order of framing charge
by the II Additional District and Sessions Judge,
Davanagere in SC No.60/2012 against the petitioners
for the offences punishable under Section 307, 504,
324, 326, 506, 354 read with Section 149 of IPC, have
preferred this Revision Petition under Section 397 of
Cr.PC.
3. Parties to this revision petition are referred to
as per their ranking before the trial Court for the
purpose of convenience.
4. The said Sessions Case No.60/2012 arose out
of a private complaint filed by the complainant under
Section 200 of Cr.PC. against the petitioners for the
offences punishable under Sections 307, 504, 324,
326, 506, 354 read with Section 149 of IPC.
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5. The learned jurisdictional Magistrate, on filing
of the complaint took cognizance of the offences
recorded the sworn statement. Having satisfied with
the prima facie case, issued process against the
accused persons. The accused persons appeared
before the Jurisdictional Magistrate and were enlarged
on bail. The offences so alleged against the accused
persons as are triable by the Sessions Court, the
jurisdictional Magistrate committed the said case to
the Sessions Court for trial which is registered in SC
No.60/2012.
6. When the case was posted for hearing before
charge, the accused persons filed an application under
Section 227 of Cr.PC to discharge them of the
offences levelled against them. The learned trial Court
vide its order dated 15.07.2014 dismissed the said
application. The said order of dismissal was challenged
by the accused persons by filing Crl.Revision Petition
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No.600/2014 before this Court. This Court, vide orders
dated 5.9.2014, dismissed the said Criminal Revision
Petition. Thereafter, the learned trial Court framed
the charges against the accused persons for the
aforesaid offences vide order dated 28.10.2014.
7. Now being aggrieved by such framing of
charges against the accused persons, especially
framing of charges under Section 307 and 327 of IPC ,
the accused persons have challenged framing of such
charges against them by filing this revision petition on
the following grounds:
That the learned Sessions Judge failed to
appreciate the facts of the case and committed a
grave error in framing the charges against them under
Sec.307 and 326 of IPC. Such a framing of charge is
not proper. There was a civil dispute between
complainant and Accused No.3. Manjanna, Accused
No.5 Kalleshappa, Accused No.8 Eshwarappa and
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another
Kalleshappa
S/o.
Eshwarappa.
A
false
complaint was filed and based upon that, these
accused persons are falsely implicated. The alleged
allegation that accused nos. 1, 2, 3 and 5 are armed
with clubs and assaulted the complainant is all false.
The medical records do not disclose any fractures but,
even then, the charges are framed against these
accused persons alleging that there was an attempt to
commit murder of complainant and also the accused
persons have committed the grievous hurt on the
complainant. Therefore, the learned Sessions Judge
has committed error in framing charges against
accused persons for the offences under Sec.307 and
326 of IPC. It is contended that at the most, the
charge under Sec.323 could have been framed by the
learned trial Court. Hence, it is prayed to allow the
revision petition.
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8.
Notice
to
respondent
served.
He
unrepresented.
9. The accused persons have made available the
photocopies of the documents containing order sheet
in PCR No.41/2010 registered as 112/2011 for
reference
along
with
other
certified
copies
of
documents.
10. Perused the records.
11.
The
learned
counsel
the
petitioners/accused vehemently submitted that the
allegation of attempt to cause murder and causing
grievous hurt on the person of the complainant is
utterly false. But, the learned Sessions Judge has
framed the charges under Section 307 and 326 of IPC
which according to him is