IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.51/2012

BETWEEN

LOKANATH @ RAVI @ LOKESH @RAJA

S/O LATE RANGAPPA

AGED ABOUT 28 YEARS

R/AT IMMADIHALLI VILLAGE

HAL NARAYANASWAMY'S RESIDENCE

WHITE FIELD

BANGALORE

...PETITIONER

(BY SMT.SOHANI HOLLA, ADVOCATE -AMICUS CURIAE)

AND

STATE BY SADASHIVANAGAR P.S.

&RESPONDENT

(BY SRI V.S.VINAYAKA, HCGP)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C

PRAYING TO SET ASIDE THE JUDGMENT DATED;26.9.11

PASSED

BY

THE

VII

ACMM,

BANGALORE

IN

C.C.NO.27432/05

AND

SET

ASIDE

THE

JUDGMENT

DATED:27.12.11 PASSED BY THE PRESIDING OFFICER,

FTC-XI, BANGALORE IN CRL.APPEAL NO.723/11.

2

THIS CRIMINAL REVISION PETITION COMING ON

FOR FURTHER HEARING THIS DAY, THE COURT MADE THE

FOLLOWING:-

ORDER

Heard Sri Sohani Holla, learned amicus for the

Revision Petitioner and Sri V.S. Vinayaka, learned High

Court Government Pleader for the respondent - State and

perused the records.

2. This Revision Petition is filed by the accused, who

suffered an order of conviction in C.C.No.27432/2005 on

the file of the VII Addl. CMM, Bengaluru, which was

confirmed by judgment dated 27.12.2011 in Criminal

Appeal No.723/2011 on the file of the Presiding Officer,

Fast Track Court (Sessions)-XI, Bengaluru, whereby he has

been convicted for the offences punishable under Sections

454 and 380 of IPC.

3.

The Brief facts of the case are as under:

A complaint came to be lodged that on 27.05.2005

at about 12 to 12.30 noon, the accused committed lurking

house trespass into the house of the complainant Krishna

3

at New Housing Colony, Indian Institute of Science, within

the jurisdiction of Sadashivanagara Police Station by

breaking open the door of the house and committed theft

of golden ornaments worth Rs.2,00,000/-. The Assistant

Sub-Inspector attached to the Sadashivanagar Police

Station,

when

on

patrolling

duty

found

suspicious

movements of the accused near Parameshwara Pawn

Broker shop, apprehended the accused and produced him

before the CPI, Sadashivnagar Police Station, before his

official superior and on enquiry accused gave voluntary

statement and investigating agency is able to recover the

gold ornaments from the custody of the accused, which

was identified and the accused was charge sheeted for the

offence punishable under Sections 454 and 380 of IPC.

4.

The presence of the accused was secured and

charge was framed. Accused pleaded not guilty and as

such, trial was held.

5.

In order to prove the case of the prosecution,

prosecution in all examined 14 witnesses as PWs.1 to 14

4

and relied on twenty-three documentary evidence which

were marked and exhibited as Exs.P1 to 23 and 13

Material Objects were marked which were gold ornaments

seized from the custody of the accused.

6.

After conclusion of the prosecution evidence,

accused statement as contemplated under Section 313

Cr.P.C was recorded, wherein the accused denied all the

incriminatory circumstances found in the prosecution

evidence. However, accused did not choose to lead any

evidence either by examining himself or by filing a written

submission as is contemplated under Section 313(5)

Cr.P.C.

7.

Thereafter, the learned Magistrate heard the

parties in detail and passed an order of conviction,

convicting the accused and passed an order sentencing the

accused to undergo simple imprisonment for a period of

one year and fine of Rs.3,000/- for the offence punishable

under Section 380 IPC with default sentence of simple

imprisonment for 15 days and further sentenced to

5

undergo simple imprisonment for 9 months and fine of

Rs.2,000/- with default sentence of simple imprisonment

for 10 days.

8.

Being

aggrieved

by

the

same,

accused

preferred an appeal before the District Court in Criminal

Appeal No.723/2011. Learned Judge in the First Appella