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. 100484 OF 2022 (397(Cr.PC)/438(BNSS)

BETWEEN:

1. ANAND S/O. SHIVAPPA HARINASHIKARI, AGE. 58 YEARS, OCC. COOLIE, R/O. SAJJI HOLA, KOPPAL, TQ AND DIST. KOPPAL-583231.

2. MALLARI @ NINGESH S/O. HUCHIRAPPA @

HUCAYA HARINASHIKARI, AGE. 36 YEARS, OCC. COOLIE, R/O. SAJJI HOLA, KOPPAL, Digitally signed by TQ AND DIST. KOPPAL-583231.

SHAKAMBARI Location:

3. ADALU S/O. TELAVI HARINASHIKARI, High Court of Karnataka, AGE. 36 YEARS, OCC. COOLIE, Dharwad R/O. SAJJI HOLA, KOPPAL, Bench TQ AND DIST. KOPPAL-583231.

…PETITIONERS (BY SRI. BHUSHAN B. KULKARNI AND SRI. GANESH RAIBAGI, ADVOCATES)

AND:

THE STATE OF KARNATAKA, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DHARWAD, THROUGH TOWN P.S, KOPPAL.

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

THIS CRIMINAL REVISION PETITION IS FILED U/SEC.

397 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 23.08.2022 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, KOPPAL IN CRIMINAL APPEAL NO. 52/2018 CONFIRMING THE IMPUGNED JUDGMENT OF CONVICTION DATED 20.11.2018 AND ORDER OF SENTENCE DTD. 23.11.2018 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND C.J.M KOPPAL, FOR THE OFFENCES PUNISHABLE U/SEC. 380 AND 457 OF IPC IN C.C.NO. 309/2016, IN SO FOR AS THE ACCUSED NOS. 1, 2 AND 5 THE PETITIONERS HEREIN AND ACCUSED NOS. 1, 2 AND 5/PETITIOERS HEREIN MAY BE ACQUITTED FOR THE ALLEGED OFFENCES UNDER SECTIONS 380 AND 457 BY ALLOWING THE REVISION PETITION.

THIS PETITION, COMING ON FOR ADMISSION, 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 dated 20.11.2018 and order of sentence dated 23.11.2018 passed in C.C No.309/2016 by the Senior Civil Judge and CJM, Koppal, (hereinafter referred to as ‘the trial Court’) wherein accused Nos.1 to 5 were convicted and sentenced for the offences punishable under Sections 457 and 380 of IPC and this judgment of conviction and order of sentence is confirmed in Crl.A No.52/2018 vide judgment dated 23.08.2022 by the Principal District and Sessions Judge, Koppal (hereinafter referred to as ‘the First Appellate Court’).

2. The parties to this Revision Petition are referred as per their rank before the trial Court. The petitioner Nos.1 to 3 were arrayed as accused Nos.1, 2 and 5 before the trial Court.

3. That all the accused persons were charge sheeted by the Inspector of Koppal Police Station for the offences punishable under Sections 457 and 380 of IPC based on the complaint filed by the complainant. It is alleged, that these accused persons named in the charge sheet on 26.11.2015 at 2:30 am in furtherance of their common intention to commit the theft, carried iron rods and batteries to the house of the complainant situated at Vikas Nagar of Koppal Town and committed lurking house trespass into the house of the complainant, accused No.4 broke open the lock of the house with the help of iron rod, all the accused persons went to the bed room of the complainant, broke open the almera as well as the safe locker and committed theft of three pairs of golden jumki weighing 10 grams and one silver Lakshmi mask weighing

80 grams and thus committed the aforesaid offences.

4. These accused persons were arrested in Crime No.157/2015 and on interrogation they confessed about the commission of theft of the aforesaid articles from the house of the complainant which were identified as MOs.1 and 2 by the complainant. Subsequently, accused were enlarged on bail. On completion of the investigation, Police filed charge sheet for the aforesaid offences punishable under Sections 457 and 380 of IPC.

5. To prove the guilt of the accused, prosecution examined 7 witnesses and got marked Ex.P.1 to Ex.P.8 and MOs.1 and 2 and closed the prose