1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.1384/2019

BETWEEN:

SRI. HONNAIAH T.H.,

S/O LATE HONNAIAH,

AGED ABOUT 38 YEARS,

R/A THOPPANAHALLI VILLAGE,

MADDUR TALUK,

MANDYA DISTRICT - 57428.

... PETITIONER

(BY SRI.N.TEJAS, ADVOCATE)

AND:

1.

THE STATE BY MADDUR POLICE STATION,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

HIGH COURT BUILDING,

BENGALURU - 560 001.

2.

SRI. T. S. MUTTHU RAJU,

S/O T K SHIVANNA,

AGED ABOUT 32 YEARS,

(NOW IN JUDICIAL CUSTODY),

UTP NO.17071,

TUMKUR JAIL,

3.

SRI.RAMALINGAIAH @ RAMALINGA,

S/O NINGAIAH,

2

AGED ABOUT 43 YEARS,

(NOW IN J C), UTP NO.8794

MANDYA JAIL.

4.

SRI. JAGADEESHA @ JAGA,

S/O LATE SIDDAIAH,

AGED ABOUT 43 YEARS,

(NOW IN J C), UTP NO.12415,

TUMKUR JAIL.

5.

SRI. DEEPAK T. D.,

S/O T K DEVARAJU,

AGED ABOUT 27 YEARS,

6.

SRI. YOGESHA T D @ YOGARAJU,

S/O T K DEVARAJU,

AGED ABOUT 22 YEARS,

7.

SRI. SWAMY T D.,

S/O T. K. DEVARAJU,

AGED ABOUT 24 YEARS,

(NOW IN J C),

CRIME NO.444/2018,

OF MADDUR P S.,UTP NO.561/19,

TUMKUR JAIL.

8.

SRI. SHIVARAJU T D.,

S/O T K DEVARAJU,

AGED ABOUT 24 YEARS,

(NOW IN J C),

IN CRIME NO.444/2018,

OF MADDUR P S.,

UTP NO.562/19,

TUMKUR JAIL.

9.

SRI. SHIVANNA T K.,

S/O POLI KALEGOWDA,

AGED ABOUT 63 YEARS,

10.

SRI. T. K. DEVARAJU,

S/O POLI KALEGOWDA,

AGED ABOUT 63 YEARS,

3

11.

SRI. T. N. HEMANTH KUMAR,

S/O NINGAIAH,

AGED ABOUT 20 YEARS,

(NOW IN J C IN CRIME

NO.444/2018 OF MADDUR P S.,

UTP NO.3742, RAMANAGAR JAIL.

12.

SRI. T. K. NINGAIAH,

S/O POLI KALEGOWDA,

AGED ABOUT 50 YEARS,

13.

SRI. SHIVARAMU T K.,

S/O KALAIAH @ POLI KALEGOWDA,

AGED ABOUT 45 YEARS,

14.

SMT. SHOBHA,

W/O SHIVARAMU T K.,

AGED ABOUT 38 YEARS,

15.

SRI. T. M. PUTTASWAMY,

S/O LATE H.MALLAIAH,

AGED ABOUT 52 YEARS,

16.

SRI. T. M. SHIVAKUMAR,

S/O LATE MOLLEGOWDA @ MOLLAIAH,

AGED ABOUT 39 YEARS,

17.

SRI. KUMARA,

S/O MOTEGOWDARE MILL @ NINGAIAH,

AGED ABOUT 28 YEARS,

18.

SRI. T.N. SHIVU,

S/O NINGAIAH,

AGED ABOUT 22 YEARS,

19.

SRI.T. S. PRASANNA,

S/O T. K. SHVIANNA,

AGED ABOUT 31 YEARS,

NOW IN J C IN CRIME,

NO.444/2018 OF MADDUR P S

UTP NO.3744, RAMANAGAR JAIL.

4

ALL RESPONDENT NO.2 TO 19

ARE R/O THOPPANAHALLI VILLAGE,

MADDUR TALUK,

MANDYA DISTRICT - 571 428.

&RESPONDENTS

(BY SRI.K.S.ABHIJITH, HCGP FOR R1;

SRI.M.R.NANJUNDA GOWDA, ADVOCATE FOR R2, R5,

R6, R9, R10, R12, R15 AND R18;

R7, R8,R11, R13, R14, R16, R17 AND R19,

R3 AND R4 ARE SERVED)

THIS CRIMINAL REVISION PETITION IS FILED UNDER

SECTION 397 R/W 401 OF CR.PC PRAYING TO SET ASIDE THE

FINDING/ORDER

DATED

03.10.2019

PASSED

BY

THE

I

ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN

S.C.NO.82/2017 IN THE EVIDENCE OF PW7 BY ALLOWING THIS

CRL.RP AND PERMIT THE PROSECUTION TO GOT IT MARKED

THE COMPLAINT AND SIGNATURE ON IT THROUGH HIM.

THIS CRIMINAL REVISION PETITION COMING ON FOR

ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Heard the learned counsel appearing for the parties

with consent, even though the matter is listed for

admission. Perused the records.

2.

Revision petitioner is the defacto complainant.

He has challenged the order dated 03.10.2019 passed by

the 1^st Additional District and Sessions Judge, Mandya in

S.C. No.82/2017 whereby the learned trial Magistrate

refused to mark the document confronted by the

prosecution.

5

3.

Brief facts of the case read as under:

Accused/ respondent Nos.2 to 19 are facing trial for

the offences punishable under Sections 143, 147, 148,

504, 323, 307, 302, 114 r/w 149 of Indian Penal Code.

When the complainant-PW7 is examined in - chief, the

prosecution

proceeded

to

confront

the

document-

complaint. The same was objected to by the accused

stating that the said statement was recorded under the

provisions of 161 of Cr.P.C. and there