IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF MAY,2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MR.JUSTICE P.N.DESAI

CRIMINAL APPEAL No.366 /2015

BETWEEN:

THE STATE OF KARNATAKA

BY BINDIGANAVILE POLICE

STATION-571 802.

... APPELLANT

(BY SRI:V.S.VINAYAKA, HCGP)

AND:

1.

DINESHA S/O PARTHIBAN

AGED ABOUT 22 YEARS

2.

SHANKAR @ SIGADI

S/O KEMPAIAH @

RAMAIAH, AGED ABOUT 25 YEARS

3.

PRADEEPA S/O MALLESHA

AGED ABOUT 24 YEARS

4.

GUNDRA @ NAGARAJA

S/O KECHAPPA

AGED ABOUT 23 YEARS

5.

K.V.HARISHA

S/O VENKATESHA

AGED ABOUT 22 YEARS

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6.

SHANTAKUMAR @ AMBI

S/O CHANDRASHEKHAR

AGED ABOUT 21 YEARS

7.

CHANDANA @ CHANDU

S/O HARIVEGOWDA

AGED ABOUT 22 YEARS

ALL ARE RESIDING AT HEGGANAHALLI

BENGALURU.

…RESPONDENTS

(BY SRI:SHANKAREGOWDA H.N., ADV FOR R1-R6;

SRI: M.P.VISHWANATH, ADVOCATE FOR R7)

THIS CRIMINAL APPEAL IS APPEAL FILED UNDER

SECTION 378(1) AND (3) CR.P.C. PRAYING TO SET ASIDE THE

JUDGMENT AND ORDER OF ACQUITTAL DATED 20/10/2014

PASSED BY THE LEARNED I ADDL DIST & SESSIONS JUDGE,

MANDYA IN SESSIONS CASE NO.126/13 IN ACQUITTING THE

ACCUSED OF THE OFFENCES PUNISHABLE UNDER SECTIONC

395 OF IPC. AND ETC.,

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND

RESERVED FOR JUDGMENT ON 26.03.2021 AND COMING ON

FOR

PRONOUNCEMENT

OF

JUDGMENT

THIS

DAY,

P.N. DESAI, J. DELIVERED THE FOLLOWING:-

JUDGMENT

This appeal arises out of the Judgment of acquittal

dated 20.10.2014 in S.C. No.126/2013 passed by learned I

Addl. District and Sessions Judge, Mandya, wherein the

learned Sessions Judge acquitted the accused for the

offence punishable under Section 395 of Indian Penal

Code.

- 3 -

2.

The brief case of the prosecution is that, on

10.03.2012 Saturday PW1 - Jaganatha along with his

friend PW2 - Suresh attended marriage reception of his

friend one Shivaraju's son at Bellur cross. After attending

the said reception they were returning to their village on a

motor bike bearing registration No. KA-54-E-4726 Hero

Honda Passion Plus. PW2 - Suresh was riding the bike and

Jaganatha was the pillion rider. At about 10.25 p.m. When

they came near Tittanahosahalli gate, they noticed a car

followed them from Bellur cross in a high speed and it over

took them and car was stopped in the middle road. Then

four persons got down from the car with a long and knife

in their hands and they threatened PW1 and PW2 and

robbed Rs.10,900/- cash, mobile phone and a watch from

PW1. They also looted Rs.30,000/- cash, two mobile

phones, two rings, ATM, pan card and others from PW2.

The accused by putting them in fear committed dacoity.

Thereafter, they ran away in the said vehicle, which was a

Maruti Omni white car bearing registration No.KA-03-MF-

5766 towards Kadaballi side. In this regard on 11.03.2012

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at 10.30 a.m PW1 - Jaganatha lodged the complaint as per

Ex.P1 before Bindiganavile police station.

3.

It is further the case of prosecution that on

23.03.2012, Sub-inspector of police, Nagamangala along

with his staff were in search of the accused who were

frequently committing dacoity in that area. When they

were at Channarayapatna near Kadaballi check post and

checking the vehicle, at about 5.00 p.m one Maruti Omni

car bearing registration No.KA-03-MF-5766 came there,

police checked the car. There were about seven persons

inside the car. On suspicion they enquired and the said

persons disclosed their names. Then on enquiry, they

came to know that those seven persons have committed

number of dacoity by stopping the vehicles moving in that

road during the night. Police also found an iron rod,

dragon, sickle, club, chilly powder packet and torch.

Accused gave voluntary statement and admitted about

committing the offence in this case also. Then, at the

instance of accused, recovery of mobile phone, ornaments

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and cash were made in the presence of panchas.

Statement of witnesses were recorded