IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF JULY, 2021

BEFORE

THE HON9BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL REVISION PETITION No.1226/2011

BETWEEN:

1. SRI GOPALA

AGED ABOUT 28 YEARS

S/O LINGAIAH.

2. SRI GANESH

AGED ABOUT 25 YEARS

S/O THIMMAIAH.

3. CHINNAPPA

AGED 28 YEARS

S/O ERAIAH.

All are Coolies,

r/o Gubbur

Karkeshwara village,

N.R. Pura Taluk.

...PETITIONERS

(BY SRI D NAGARAJA REDDY, ADVOCATE

AS AMICUS CURIAE)

AND:

STATE BY BALEHONNUR POLICE

REPRESENTED BY PUBLIC PROSECUTOR

DISTRICT COURT COMPLEX

2

CHIKMAGALUR.

...RESPONDENT

(BY SRI K P YASHODHA, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED

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

ASIDE THE JUDGMENT DATED 18.7.2011 PASSED IN

CRL.APPEAL No.175/09 ON THE FILE OF THE PRL.SJ

CHIKMAGALUR SO FAR AND CONVICTION ORDER PASSED

AGAINST THE PETITIONERS TO PUNISH THEM UNDER

SECTION 354, 506(2) R/W 34 OF IPC AND SET ASIDE THE

JUDGMENT DATED:10.9.09 PASSED IN C.C.No.134/09 ON

THE FILE OF CIVIL JUDGE (JR.DN) AND JMFC, N.R.PURA

SO FAR AS CONVICTION ORDER PASSED AGAINST THE

PETITIONERS TO PUNISH THEM UNDER SECTION 354,

506(2) R/W 34 OF IPC, AND ACQUIT THE PETITIONERS BY

DISCHARGING THE PETITIONERS FROM THE CHARGES

LEVELED AGAINST THEM UNDER SECTION 354, 506 (2)

R/W SEC.34 OF IPC.

THIS CRIMINAL REVISION PETITION COMING ON

FOR HEARING THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

This revision petition is filed under Section 397

R/W 401 Cr.P.C. praying to set aside the judgment

dated 18.7.2011 passed in Crl.Appeal No.175/2009 by

the Principal Sessions Judge, Chikmagalur so far as

conviction order passed against the petitioners for the

offences under Section 354, 506(2) r/w 34 of IPC and

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set aside the judgment dated:10.9.2009 passed in

C.C.No.134/09 by the Civil Judge (Jr.Dn) and JMFC,

N.R.Pura, so far as conviction order passed against

the petitioners for the offence under Sections 354,

506 (2) r/w 34 of IPC, and acquit the petitioners by

discharging the petitioners from the charges leveled

against them under Sections 354, 506(2) r/w Sec.34

of IPC.

2. The substance of the case as extracted from

the judgment of the appellate court is as under:

<One Smt. Rathnamma of Gubbur Karkeshwara

village was living with her family. On 22-2-

2009 at about 7.30 p.m. when she went out of

the house to call her husband who had been to

the shop of one Upendra and noticing that her

husband was not there, she was coming back.

At that time, by noticing that her husband was

not there, while she was coming near the

village school, accused Nos. 1 to 3 went there

and they told her why she was claiming her

husband and asked her not to call him and in

turn they called her to go with them and

thereafter all the three accused persons lifted

and made her to file on the ground forcefully

and when she started struggling, they also told

thy will not leave her and hen they removed

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her saree and blouse and also lifted her inner

petticoat and started to put hands and started

to press her body and also kissed her. She

screamed and then accused No.1 assaulted her

with a bamboo strip on her head, when she

brought her hand across to ward off, the blow

fell on her left forehand. Then accused No.2

assaulted wit a club on her left thigh and knee

and accused No.3 assaulted her with his

hands. By then, hearing her screams, CWs 2

and 3 came there and seeing them, accused

Nos. 1 to 3 ran away throwing the club and the

bamboo strip there only. While going away,

they also threatened that if she discloses the

incident before anybody in the village they will

kill her.

On the next day, CW1 went to the hospital and

the hospital authorities informed the police and

the police came to the hospital and registered

the case as per the complaint given by CW1

and after investigation, the IO has filed the

charge sheet against all the three accused

persons alleging offences under Sect