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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.598/2012

BETWEEN:

RANGAPPA

S/O CHIKKATHOPAIAH

AGED ABOUT 61 YEARS

R/AT BALLAGERE

RANGANNANNA PALYA

HEBBUR HOBLI

TUMAKURU TALUK.

& PETITIONER

[BY SRI SUNDAR RAJ, ADVOCATE (THROUGH V.C.)]

AND:

STATE OF KARANTAKA

REPRESENTED BY HEBBUR POLICE

REPRESENTED BY STATE PUBLIC PROSECUTOR

TUMAKURU.

& RESPONDENT

[BY SRI K.S.ABHIJITH, HCGP]

THIS CRIMINAL REVISION PETITION IS FILED UNDER

SECTION 397 R/W SECTION 401 OF CR.P.C PRAYING TO SET

ASIDE THE ORDER PASSED ON 13.04.2012 BY THE PO, FTC-III,

TUMAKURU IN CRL.A.NO.61/2010, PARTLY CONFIRMING THE

ORDER PASSED ON 18.05.2010 BY THE III ACJ (JR.DN) AND

JMFC, TUMAKURU IN C.C.NO.1591/2008.

THIS CRIMINAL REVISION PETITION COMING ON FOR

ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

Heard Sri Sundar Raj, learned counsel appearing for

the revision petitioner and the learned High Court

Government Pleader (HCGP) appearing for the State and

perused the records.

2.

This petition is filed by the petitioner-accused

who suffered an order of conviction and sentence dated

17.05.2010 passed in C.C.No.1591/2008 by the Court of

the III Additional Civil Judge (Jr.Dn) and JMFC at

Tumakuru, as under;

<Accused is convicted for the offence punishable

u/sec.504 of I.P.C and sentenced to undergo S.I for

a period of 6 months and to pay penalty of Rs.500/-;

in default to undergo S.I. for 2 months.

Accused is convicted for the offence u/sec.324 of

I.P.C and sentenced to undergo S.I for 6 months and

to pay fine of Rs.500/-; in default to undergo S.I. for

2 months.

Accused is convicted for the offence u/sec.323 of

I.P.C and sentenced to S.I. for 2 months.

Accused is convicted for the offence u/sec/354 of

I.P.C and sentenced to S.I for a period of 1 year and

to pay fine of Rs.1,000/-; in default to undergo S.I

for 3 months.

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All the sentence shall run concurrently. Out of the

fine amount collected, a sum of Rs.1,000/- shall be

paid to complainant.=

The said sentence was modified by the learned Judge in the

First Appellate Court by judgment dated 13.04.2012 which

thus:

<Appeal is partly allowed.

Judgment

of

learned

JMFC,

Tumkur

in

CC.1591/2008 dgd.17.5.10 is partly set aside.

Accused is acquitted of the charges punishable

U/s.354 of IPC.

Conviction passed by learned trial judge

against the accused for the offence punishable

U/S.324 and 504 is confirmed. Accused is sentenced

to pay fine of Rs.7000/- for the offence punishable

U/S.324 of IPC. In default of payment of fine, he

shall undergo imprisonment for a period of 6 months

and he shall pay fine of Rs.5000/- for the offence

punishable U/S.504 IPC in default of payment of

fine, he shall undergo imprisonment for a period of 4

months.

Out of fine amount Rs.10,000/- is ordered to

be paid to P.W.1 as compensation, U/S.357 Cr.P.C.

Sentence imposed by learned trial judge

modified accordingly.

Bond

executed

by

the

accused

stands

cancelled.

Accused shall deposit the said amount on or

before 1.6.12 before the trial court, failing which he

shall surrender before the court of JMFC, Tumkur

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and undergo imprisonment imposed, in default of

payment of fine.=

3.

The brief facts of the case are as follows;

A complaint came to be filed with Hebbur Police

contending that on 19.07.2008 at 6.00 p.m., the revision

petitioner-accused trespassed into the house of the

complainant with an intention to commit such other

offences and abused the complainant in a filthy language

and torn her dress and also bite on her left hand and

caused severe injuries and thereby she sought action

against the accused. Based on the said complaint, Hebbur

Police registered a case in Cr.No.108/2008 for the offences

punishable under sections 447, 323, 324, 354 and 504 of

IPC. Thereafter, the case was investigated and cha