OF

SENTENCE

DATED

30.11.2020

PASSED

3

C.C.NO.94/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL

JUDGE AND JMFC, BHADRAVATHI IN SO FAR AS THE PETITIONER

AND CONSEQUENTLY ALLOW THE CRL.A.NO.5023/2020 AS PRAYED

FOR.

IN CRL.RP.NO.1049/2021

SRI YOGESHA NAIK

S/O SEVANAIK

AGED ABOUT 25 YEARS

R/AT SIDDAPURA THANDA

BHADRAVATHI TALUK - 577 301

BY RURAL POLICE

(BY SRI: CHANNAPPA ERAPPA, HCGP)

ORDER

OF

SENTENCE

DATED

30.11.2020

PASSED

C.C.NO.94/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL

JUDGE AND JMFC, BHADRAVATHI IN SO FAR AS THE PETITIONER

AND CONSEQUENTLY ALLOW THE CRL.A.NO.5023/2020 AS PRAYED

FOR.

IN CRL.RP.NO.1294/2022

ASADULLA

S/O. SHAFIULLA

OCC: CARPENTER

4

R/OF SIDDAPUR, HOSUR

BHADRAVATHI - 577 501

(BY SRI: GANESH N.I., ADVOCATE)

THROUGH PSI

RURAL POLICE STATION

REP. BY STATE

PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU - 560 001

SET ASIDE THE ORDER OF CONVICTION DATED 30.11.2020

PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C.,

BHADRAVATHI IN C.C.NO.94/2016 AND THE JUDGMENT AND

ORDER DATED 09.04.2021 PASSED BY THE IV ADDITIONAL

DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT

BHADRAVATHI IN CRL.A.NO.5024/2020 IN SO FAR AS RELATES TO

THE PETITIONER AND ACQUIT THE PETITIONER FOR THE OFFENCE

PUNISHABLE UNDER SECTION 392 OF IPC.

THESE CRIMINAL REVISION PETITIONS HAVING BEEN

HEARD AND RESERVED FOR JUDGMENT ON 21.09.2023 COMING

ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT

PASSED THE FOLLOWING:

O R D E R

The revision petitioner in Criminal Revision Petition

No.1171 of 2022 being accused No.1; the revision petitioner

in Criminal Revision Petition No.1049 of 2021 being accused

No.2; the revision petitioners in Criminal Revision Petition

No.918 of 2021 being accused Nos.3 and 5; and the revision

5

petitioner in Criminal Revision Petition No.1294 of 2022 being

accused No.4 in CC No.94 of 2016 on the file of the learned

Additional Senior Civil Judge and JMFC at Bhadravathi

(hereinafter referred to as 'the Trial Court' for brevity), are

before this Court impugning the judgment of conviction and

order of sentence dated 30.11.2020 convicting accused Nos.1

to 4 for the offence punishable under Section 392 of IPC and

sentencing them to undergo imprisonment for a period of two

years and to pay fine of Rs.5,000/- each and in default, to

undergo simple imprisonment for a period of three months;

and convicting accused No.5 for the offence punishable under

Section 414 of IPC and sentencing to undergo simple

imprisonment for a period of six months and to pay fine of

Rs.2,000/- and in default to undergo simple imprisonment for

a period of 15 days, which was confirmed vide judgment

dated 09.04.2021 passed in Criminal Appeal Nos.5023 and

5024 of 2020 on the file of the learned IV Additional District

and Sessions Judge, Shivamogga, sitting at Bhadravathi

(hereinafter referred to as 'the First Appellate Court' for

brevity).

6

2.

Brief facts of the case are that, the Investigating

Officer in Crime No.280 of 2014 of Bhadravathi Rural Police

Station laid the final report against accused Nos.1 to 5 for the

offence punishable under Sections 392 of 414 of IPC alleging

that accused Nos.1 to 4 committed robbery in the house of

PW1 on 04.11.2014 at 9.45 p.m. by proceeding on the motor

cycle bearing registration No.KA-14-S-4524, switched off the

lights and accused Nos.1 and 2 have threatened the

complainant and PW1 by showing a knife and criminally

intimidated to cause hurt. Accused Nos.2 and 3 tied their

limbs with rope and also gagged the mouth of CW1 with a

towel and robbed the gold ornaments worth Rs.98,200/- and

two watches. It is stated that accused Nos.1 and 2 have

pledged the ear chain, ear studs and ring with Mahaveera

Pawn broker at Bhadravthi, while accused No.5 pledged the

gold rope chain with Muthoot Finance, Bhadravathi. The

incriminating materials were seized at the instance of the

accused. Therefore, it is stated that they have committed the

offences as stated above.

3.

Learned

Magistrate

took

cognizance

of

the