IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 533 OF 2018 BETWEEN:

1. GAJENDRA @ SWAMY S/O HULIYAPPA @ HUCHAPPA OCC: AGRICULTURIST R/O BANJENAHALLI VILLAGE KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548.

2. ASHOKA S/O HULIYAPPA @ HUCHAPPA OCC: AGRICULTURIST R/O BANJENAHALLI VILLAGE KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548.

3. KUMARA S/O HULIYAPPA @ HUCHAPPA OCC: AGRICULTURIST R/O BANJENAHALLI VILLAGE KADUR TALUK, CHIKKAMAGALURU Digitally DISTRICT - 577 548.

signed by NANDINI M S …PETITIONERS Location:

(BY SRI P.B. UMESH, ADV., FOR HIGH COURT OF SRI R.B. DESHPANDE, ADV.)

KARNATAKA AND:

THE STATE OF KARNATAKA BY KADUR POLICE STATION, CHIKKAMAGALURU DISTRICT - 577 548 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001)

…RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 30.06.2016 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, KADUR IN C.C.NO.501/2012, CONFIRMED BY THE JUDGMENT AND ORDER DATED 09.04.2018 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.NO.121/2016 (CONVICTED FOR THE OFFENCE P/U/S 504,323,326,354,506 R/W 34 OF IPC) AND ACQUIT THE PETITIONERS OF THE CHARGES LEVELED AGAINST THEM.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused no.1 to 3 are before this Court in this revision petition filed under Section 397 r/w Section 401 of Cr.P,C, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.501 of 2012 by the Court of Prl. Civil Judge & JMFC, Kadur dated 30.06.2016 and the judgment and order dated 09.04.2018 passed by the Court of Prl. District & Sessions Judge, Chikkamagaluru in Criminal Appeal No.121 of 2016.

2. Heard the learned counsel appearing for the parties. 3. It is the case of the prosecution that on 06.01.2012 at about 12 noon within the jurisdiction of Kadur Police Station, Chikmagaluru when PW2 to PW4 were fencing their property using stone pillars, petitioners herein picked up quarrel with them and thereafter allegedly assaulted them and caused injuries. It is also alleged that accused no.2 pulled the saree of PW4 and tried to outrage her modesty. When CW3 pacified the accused, they allegedly left the place after threatening the victims with dire consequences to their life. It is under these circumstances, FIR was registered against the petitioners in Crime No.7 of 2012 by Kadur Police Station, based on the first information received from PW1. After completing investigation, charge sheet was filed against the petitioners for offences punishable under Sections 504, 323, 326, 354, 506 read with 34 of IPC and they were tried for the aforesaid offences in C.C. No.501 of 2012. Since the petitioners had claimed to be tried before the Trial Court, the prosecution in order to prove its case had examined 13 charge sheet witnesses as PW1 to PW13 and got marked 22 documents as Ex.P1 to Ex.P22. The weapons used by the petitioners to assault the victims were produced as MO1 and MO2 and the blood stained clothes of the victims were produced as MO3. On behalf of the defence, no oral or documentary evidence was placed on record. The Trial Court after recording the statement of the accused as provided under Section 313 of Cr.P.C. and after hearing the arguments addressed on both sides the trial Court vide judgment and order of sentence dated 30.06.2016 had convicted and sentenced the petitioners for offences punishable under Sections 504, 323, 326, 354, 506 R/W Section 34 of IPC. The said judgment and order of conviction and sentence passed in C.C.No.501 of 2012 was confirmed by the Court of Principal District & Sessions Judge, Chikkamagaluru in Criminal Appeal No.121 of 2016 vide judgment and orde