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NC: 2026:KHC:17912 CRL.RP No. 1137 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA

CRIMINAL REVISION PETITION NO. 1137 OF 2022 BETWEEN:

BASAVARAJU @ KRITHITTU S/O LATE SHAMBAIAH

AGED ABOUT 29 YEARS RESIDING AT CHIKKABUVALLI VILLAGE

T. NARASIPURA TALUK MYSORE - 560 036

…PETITIONER (BY SRI. RAJU C.N., ADVOCATE)

AND:

STATE BY T NARASIPURA POLICE MYSORE

REP BY SPP Digitally HIGH COURT OF KARNATAKA

signed by R BENGALURU - 560 076 MANJUNATHA …RESPONDENT Location:

HIGH COURT OF (BY SRI. K. NAGESHWARAPPA, HCGP)

KARNATAKA THIS CRL.R.P. IS FILED U/S 397 R/W 401 CR.PC BY THE

ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION PASSED IN C.C.NO.163/2012 DATED 06.04.2021 ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C AT T.NARASIPURA AND IN CRL.A.NO.117/2021 DATED 18.07.2022

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ON THE FILE OF THE 1^ST ADDL.DISTRICT AND SESSIOINS JUDGE AT MYSORE AGAINST THE PETITIONER, AND ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S 363 OF IPC BY

ALLOWING THIS PETITION.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

1. Heard Sri. C.N. Raju, learned counsel for the

petitioner and the learned High Court Government.

Pleader.

2. Accused who has suffered an order of conviction

for the offence under Section 363 of the Indian penal Code in CC No.163/2012 on the file of Civil Judge (Senior Division) and JMFC, Tirumakoodalu Narasipura, confirmed in Criminal Appeal No.117/2021 on the file of I Additional

District Judge, Mysore is the revision petitioner.

3. Facts in the nutshell which are utmost

necessary for disposal of the present petition as under :

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3.1 A complaint came to be lodged by PW1, -

Nanjundaiah on 24.02.2012 alleging that on 22.02.2012 at about 08.30 a.m. daughter of the complainant studying in 9^th Standard aged about 15 years was kidnapped in the auto rickshaw bearing No.KA-11-A-3396. Auto rickshaw was driven by the present petitioner. Later on the accused and victim girl were traced and police filed a charge sheet against the accused for the offence punishable under

Section 363 of the Indian Penal Code.

3.2 Learned Trial Magistrate after securing the

presence of the accused, framed charges for the offences punishable under Section 363 of the Indian Penal Code. Based on the material evidence on record collected by the Investigation Agency, charge sheet came to be filed only for Section 363 of the Indian Penal Code. Accused pleaded

not guilty. Therefore trial was held.

3.3 In order to bring home the guilt of the accused,

sixteen witnesses were examined as PW1 to PW16 and

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fifteen documentary evidence on record were relied upon which were marked as Exhibits P1 to 15 besides marked

mobile as MO.1.

4. On conclusion of recording of the evidence,

learned Trial Magistrate recorded the accused statement as is contemplated under Section 313 of Cr.P.C. wherein

accused has denied all the incriminatory circumstances.

5. Thereafter, learned Trial Magistrate heard the

arguments of the parties and noted that victim girl was aged 15 years as on the date of incident and she was found in the company of the accused when the police apprehended her which would be sufficient enough to conclude the offence punishable under Section 363 of IPC inasmuch as lawful custody of the victim girl was with her parents and sentenced to undergo simple imprisonment for a period of two and half years and to pay fine in a sum

of Rs.10,000/- with default sentence.

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NC: 2026:KHC:17912 CRL.RP No. 1137 of 2022

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6. Being aggrieved by the same, accused filed an

appeal before the First Appellate Court in

Crl.A.No.117/2021.

7. Learned Judge in the First Appellate Court after

securing the recor

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