IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CRIMINAL REVISION PETITION NO. 100004 OF 2018 (397(Cr.PC)/438(BNSS)

BETWEEN:

YALLAPPA @ KACHAYALAYA S/O. JATAPPA GOLLAR, AGE: 60 YEARS, OCC: COOLIE, R/O. GOLLAR COLONY, 5TH CROSS, DHARWAD.

…PETITIONER (BY SRI. R. H. ANGADI, ADVOCATE)

AND:

THE STATE OF KARNATAKA, (SUB-URBAN POLICE STATION, DHARWAD), R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD.

…RESPONDENT (BY SRI. PRAVEEN K. UPPAR, AGA FOR RESPONDENT)

THIS CRIMINAL REVISION PETITION IS FILED UNDER Digitally signed by SECTION 397 READ WITH SECTION 401 OF CR.P.C., SEEKING SHAKAMBARI TO ALLOW THE PETITION AND CALL FOR RECORDS AND SET Location:

High Court of ASIDE THE IMPUGNED ORDER DATED 03.05.2016 PASSED BY Karnataka, THE LEARNED PRL. DISTRICT AND SESSIONS JUDGE, Dharwad Bench DHARWAD, IN CRIMINAL APPEAL NO.67 OF 2015, CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION PASSED IN C.C.NO.13 OF 2013 DATED 17.06.2015 PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC, DHARWAD AND CONSEQUENTLY ACQUIT THE PETITIONER.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR)

This revision petition is directed against the judgment of conviction and order of sentence dated 17.06.2015, passed in passed in C.C. No.13/2013 by the Principal Civil Judge and JMFC-II Court, Dharwad (for short, ‘the Trial Court’) confirmed in Crl.A.No.67/2015 dated 03.05.2016, by the Principal District & Sessions Judge, Dharwad (for short, ‘the First Appellate Court). 2. Parties to this revision petition are referred to as per their rank before the Trial Court for convenience.

3. That accused were charge sheeted by the police Sub Inspector, Sub Urban Police Station for the offences punishable under Sections 457 and 380 of IPC as because, one complainant by Somalingappa Channabasappa Antaratani, filed a complaint before the Sub-Urban Police Station, stating, that on 08-04-2012 he had been to Hubli along with his family members. When he returned to home at 10 p.m., he noticed breaking of door of his house on the back side and also opening of the almeras kept in his house and all the articles and the clothes were scattered. He noticed the theft of silver articles, 2 gold coins, cash of Rs.14,000/- from his house. So also, pachche stone worth Rs.6000/-, 2 small rings each weighing 5 grams that is valuing Rs. 13,000/-, 1 Dabu, Udadara, Attaradani, 2 small lotaS, one big silver lota, 3 spoons, 1 silver plate, 2 silver big lotas, 5 Aarishina Kumkum battalu, 1 gilaganji, 1 krishna idol, 1 Olalli, total worth of Rs.30,000/- had been stolen. According to him the incident of theft has taken place in between 11.00am and 10.00pm on that day. He lodged a complaint before the Sub Urban police station on 09-04-2012 which was registered in Cr.No.56/2012 for the offences punishable under Sections 457 and 380 of IPC. During the course of the investigation, the accused was apprehended and at his instance certain articles were seized which are marked as MOs.1 to 5. After completion of the investigation, the police have filed the charge sheet against the accused.

4. The learned Magistrate took the cognizance of the offences. Supplied the copies of the police paper under Sections 207 of Cr.P.C.

5. On hearing the arguments of both the side, the charges were framed against the accused for the offences punishable under Sections 457 and 380 of IPC. He pleaded not guilty and claimed to be tried.

6. Before the Trial Court, to prove the guilt of the accused, prosecution, in all examined 12 witnesses as P.Ws.1 to P.Ws.12 and got marked documents as per Ex.Ps.1 to Ex.Ps.13 and also MOs.1 to 5. On closure of the evidence of the prosecution, the accused was questioned under Section 313 of Cr.P.C. so as to enable him to answer the incriminating circumstances appea