SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2023 Supreme(Online)(KAR) 2533

1

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,

2

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.

3

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.

4

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

5

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

6

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.

7

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top