IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 24^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL REVISION PETITION NO.3079/2013

BETWEEN:

VEERABHADRAYYA S/O. ESHWARAYYA

AGE: 30 YEARS, OCC: NIL

R/O. KAPALAPUR (J) VILLAGE

TQ: AND DIST: BIDAR

…PETITIONER

(BY SRI GIRISH S. KULKARNI, ADVOCATE)

AND:

THE STATE OF KARNATAKA

THROUGH JANWADA POLICE STATION

DIST: BIDAR, REPRESENTED BY

THE SPECIAL PUBLIC PROSECUTOR

HON'BLE HIGH COURT OF KARNATAKA

BENCH AT GULBARGA-585103

…RESPONDENT

(BY SRI GURURAJ V. HASILKAR, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397(1) OF CR.P.C. PRAYING TO CALL

FOR RECORDS AND SET ASIDE THE JUDGMENT AND

ORDER DATED 15.07.2011 PASSED BY THE PRL. JMFC-II

AT BIDAR IN C.C.NO.1324/2004 AND THE JUDGMENT AND

ORDER DATED 07.08.2013 PASSED BY THE ADDITIOINAL

DISTRICT AND SESSIONS JUDGE AT BIDAR IN CRIMINAL

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APPEAL NO.29/2011 BY ALLOWING THE ABOVE PETITION,

IN THE INTEREST OF JUSTICE.

THIS

REVISION

PETITION

COMING

ON

FOR

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

The accused in CC No.1324/2004 is the Revision

Petitioner herein.

2. Brief facts which are necessary for disposal of the

petition are as under:

Upon a complaint lodged by Sri. B.R. Srinivas,

Divisional Security Inspector of NEKRTC registered a case

in Crime No.13/2003 initially for the offence punishable

under Sections 419, 420 read with Section 34 of IPC and

finally framed charges for the offence punishable under

Sections 419, 420, 467, 468 and 471 of IPC. Thereafter,

police conducted detailed investigation and filed charge

sheet against the petitioner and another. Presence of the

Revision Petitioner was secured and plea was recorded and

charges were framed.

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3. Accused pleaded not guilty and as such, trial was

held. In order to bring home the guilt of the accused,

prosecution in all examined 11 witnesses as PWs.1 to 11

and relied on 11 documents which were exhibited and

marked as Exhibits P1 to P11. During the course of cross

examination of PW-2, portion of his statement were

marked as Exs.D1 and D2 and on conclusion of the

prosecution evidence, statement of the accused as

contemplated under Section 313 Cr.PC. was recorded

wherein the accused denied all the incriminatory materials.

After hearing the parties in detail, the Trial Court convicted

the accused for the offence punishable under Section 419,

420, 467, 468 and 471 of IPC and passed the following

sentence:

"ORDER

For the offence punishable u/sec.419 of

IPC the accused is sentenced to undergo SI for

a period of six months.

For the offence punishable u/sec.420 of

IPC the accused is sentenced to undergo SI for

a period of one year and pay fine of Rs.500/-.

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In default, he shall under go SI for a period of

one month.

For the offence punishable u/sec.467 of

IPC the accused is sentenced to undergo SI for

a period of two year and pay fine of Rs.500/-.

In default, he shall under go SI for further

period of one month.

For the offence punishable u/sec.468 of

IPC the accused is sentenced to undergo SI for

a period of one year and pay fine of Rs.500/-.

In default, he shall under go SI for a period of

one month.

For the offence punishable u/sec.471 of

IPC the accused is sentenced to undergo SI for

a period of one year and pay fine of Rs.500/-.

In default, he shall under go SI for a period of

one month.

All the sentences shall run concurrently.

Bail bond and surety bond executed at

the time of bail shall stands cancelled.

Accused is taken to Judicial custody.

Office is directed to furnish the free copy

of this judgment to the accused forthwith."

4. Being aggrieved by the order passed by the

learned Magistrate, accused preferred an appeal in

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Criminal Appeal No.29/2011 on the file of the Addl.

District and Sessions Judge, Bidar. Learned Judge in the

first appellate court secured the re