IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JULY, 2022

BEFORE

THE HON9BLE Dr. JUSTICE H.B. PRABHAKARA SASTRY

CRIMINAL REVISION PETITION No.911 OF 2012

BETWEEN:

Thippeswamy @ Kunta

Thippaga, S/o. Gadi Boraiah,

Aged about 47 years,

Chikkaullarthy, residing at

Rahimnagar, Challakere Taluk,

Chitradurga District.

Pincode: 54401.

..Petitioner

(By Sri. C.N. Raju, Advocate)

AND:

State by Challakere Police,

Represented by SPP,

High Court of Karnataka,

Bangalore: 01.

.. Respondent

(By Sri. K. Nageshwarappa, High Court Govt. Pleader)

****

This Criminal Revision Petition is filed under Section 397 r/w.

401 of the Code of Criminal Procedure, 1973, praying to set aside

the judgment of conviction passed in C.C.No.898/2010 dated

09-01-2012

on

the

file

of

the

JMFC

at

Challakere,

in

®

Crl.R.P.No.911/2012

2

Crl.A.No.31/2012 dated 10-07-2012 on the file of the District and

Sessions Judge at Chitradurga, against the petitioner, and acquit

the petitioner by allowing this petition in the interest of justice.

This Criminal Revision Petition, having been heard through

physical hearing/video conferencing hearing and reserved on

30-06-2022, coming on for pronouncement of orders, this day, the

Court made the following:

O R D E R

The present petitioner was accused in C.C.No.898/2010,

in the Court of the Judicial Magistrate First Class at

Challakere, (hereinafter for brevity referred to as <the Trial

Court=), who, by the judgment of conviction and order on

sentence dated 09-01-2012 of the Trial Court, was convicted

for the offences punishable under Sections 457 and 380 of the

Indian Penal Code, 1860 (hereinafter for brevity referred to as

<the IPC=) and was sentenced accordingly.

Aggrieved by the same, the accused preferred an appeal

in Criminal Appeal No.31/2012, in the Court of the Principal

District and Sessions Judge at Chitradurga, (hereinafter for

brevity referred to as the <the Sessions Judge9s Court=),

Crl.R.P.No.911/2012

3

which, after hearing both side, dismissed the appeal,

confirming the impugned judgment of conviction and order on

sentence passed by the Trial Court in C.C.No.898/2010. It is

challenging the judgments passed by both the Trial Court as

well

the

Sessions

Judge9s

Court,

the

accused/revision

petitioner has preferred the present revision petition.

2. The summary of the case of the prosecution in the

Trial Court was that, on the date 03-06-2010, during night,

the accused by removing the tiles of the roof of the house of

CW-1 - Nagaraj, situated at I Cross, near Veerabhadra Lodge

on Bellary Road, Challakere, entered into the said house and

committed theft of silver articles and cash kept in the Almirah

and that on the date 13-06-2010 at 11:00 a.m., CW-7 to

CW-11, conducted a raid and apprehended the accused. The

Investigating Officer recovered several of the stolen articles

from the accused, including the one which were stolen in the

instant case, as such, charge sheet was filed against the

Crl.R.P.No.911/2012

4

accused for the offences punishable under Sections 457, 380

and 75 of the IPC.

3. The accused appeared in the Trial Court and

contested the matter through his counsel. The accused

pleaded not guilty. As such, in order to prove the alleged guilt

against the accused, the prosecution got examined in all seven

(7) witnesses from PW-1 to PW-7, got marked documents

from Exs.P-1 to P-6 and produced Material Objects from MO-1

to MO-3. However, neither any witness was examined nor

any documents were got marked on behalf of the accused.

4. The respondent - State is being represented by the

learned High Court Government Pleader.

5. The Trial Court and the learned Sessions Judge9s

Court9s records were called for and the same are placed before

this Court.

Crl.R.P.No.911/2012

5

6. Learned counsel for the accused/revision petitioner

and

learned

High

Court