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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.1137/2021

BETWEEN

MOHAMMED SIDDIQUE SHARIFF

S/O MOHAMMED RAFI

AGED ABOUT 33 YEARS

R/AT NO.81, NEW NO.131

BAZAR STREET, KTAR ROAD

NEELASANDRA

BANGALORE 560 047

...PETITIONER

(BY SRI A.S.KULKARNI, ADVOCATE)

AND

THE STATE OF KARNATAKA

BY INDIRANAGAR POLICE STATION

BANGALORE -560 038

REPRESENTED BY

STATE PUBLIC PROSECUTOR

HIGH COURT BUILDINGS

BANGALORE 560 001

…RESPONDENT

(BY SRI V.S.VINAYAKA, HCGP)

THIS CRL.RP IS FILED U/S.397 R/W 401 PRAYING

TO SET ASIDE THE JUDGMENT OF CONVICTION AND

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ORDER ON SENTENCE DATED 21.03.2019 PASSED BY THE

X ADDL.C.M.M., MAYO HALL UNIT, BENGALURU IN

C.C.NO.53103/2016 AND THE JUDGMENT AND ORDER

DATED 14.07.2021 PASSED BY THE XXVI ADDITIONAL

CITY

CIVIL

AND

SESSIONS

JUDGE,

MAYO

HALL,

BENGALURU IN CRL.A.NO.25106/2019.

THIS CRIMINAL REVISION PETITION COMING ON

FOR ADMISSION THIS DAY, THE COURT MADE THE

FOLLOWING:-

ORDER

Though this matter is listed for admission today, with

the consent of both the parties, the matter is taken up for

final disposal.

2.

Heard Sri A.S.Kulkarni, learned counsel for the

Revision Petitioner and learned High Court Government

Pleader for the respondent -State and perused the records.

3.

The Revision Petitioner was convicted for the

offences punishable under Sections 353 and 332 of IPC in

C.C.No.53103/2016

and

ordered

to

undergo

simple

imprisonment for six months and one year for the

aforesaid offences and six months for the offence

punishable under Section 504 IPC, which was modified in

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Criminal

Appeal

No.25106/2019

whereby

the

First

Appellate Court modified the sentence of six months to one

month simple imprisonment for the offence punishable

under Section 353 IPC and from one year to six months for

the offence punishable under Section 332 and acquitted

the accused for the offence punishable under section 504

IPC. Being aggrieved by the same, the accused is in

revision before this court.

4.

Brief facts of the case are as under:

Upon a complaint lodged by Sri Ranganath, a traffic

Head Constable, Indranagar Police Station, registered a

case against the accused for the offences punishable under

Sections 353, 332 and 504 IPC. The complaint averments

reveals that on 04.01.2016 at about 10.40 a.m. at Old

Madras Road, 80 feet Road Junction, Indranagar, when

PW.1 being the Head Constable of the Indranagar Police

Station was on duty near Vivekanandanagar Metro Station

Signal junction, accused came from CMH Hospital Road on

his two wheeler bearing No.KA-04-U-5155 and despite the

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red signal, he stopped vehicle on zebra line crossing and

PW.1 told the accused to take back the vehicle behind the

zebra line and at that juncture, accused picked up a

quarrel with PW.1 and abused him in filthy language and

also ran the motorcycle over the legs of PW.1 whereby

PW.1 sustained injury and people, who were surrounded

nearby apprehended the accused and took him to the

Indranagar Police Station. The complaint was duly

investigated and charge sheet came to be filed against the

accused for the aforesaid offences. The accused was

summoned before the Trial Court and charge was framed.

After understanding the contents of the charge, the

accused pleaded not guilty and therefore, trial was held.

5.

In order to prove the case of the prosecution,

the prosecution in all examined 8 witnesses as PWs.1 to 8

and relied on the 9 documentary evidence which were

exhibited and marked as Exs.P1 to 9. Accused statement

as contemplated under Section 313 Cr.P.C. was recorded

and thereafter, the arguments were heard. In the accused

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statement,

accused

denied

all

the

incriminatory

circumstances. After hearing the parties in detail, learned

Trial Magistrate came to the c