Venkatesha vs State Of Karnataka

Karnataka High Court

Venkatesha vs State Of Karnataka on 26 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                       -1-
                                                   NC: 2024:KHC:29659
                                               CRL.RP No. 563 of 2021




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 26TH DAY OF JULY, 2024

                                   BEFORE
                   THE HON'BLE MR JUSTICE V SRISHANANDA
               CRIMINAL REVISION PETITION NO. 563 OF 2021
            BETWEEN:

            VENKATESHA,
            S/O NALLAPPA,
            AGED ABOUT 52 YEARS,
            R/AT NO. 9/1, N.G.R LAYOUT,
            RUPENA AGRAHARA, GULBARGA COLONY,
            BENGALURU - 560 068.
                                                        ...PETITIONER
            (BY SRI. M. SHASHIDHARA, ADVOCATE)

            AND:

            STATE OF KARNATAKA
            BY MADIVALA P.S.,
            REPRESENTED BY SPP,
Digitally
signed by   HIGH COURT OF KARNATAKA,
MALATESH    AT BENGALURU - 560 001.
KC
Location:                                              ...RESPONDENT
HIGH
COURT OF    (BY SRI. CHANNAPPA ERAPPA, HCGP)
KARNATAKA
                 THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
            PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION
            PASSED BY THE HONBEL XLV ADDL.CITY CIVIL AND SESSIONS
            JUDGE, AT BENGALURU CITY DATED 01.07.2019 IN
            CRL.A.NO.1138/2018 BY CONFIRMING THE JUDGMENT OF
            CONVICTION OF TRIAL COURT DATED 18.06.2018 IN
            C.C.NO.13105/2007 PASSED BY THE HONBLE CMM AT
            BENGALURU FOR THE OFFENCE P/U/S 498A AND 506B OF IPC
            AND SEC.3 OF D.P ACT AND ACQUIT THE PETITIONER.
                                     -2-
                                                 NC: 2024:KHC:29659
                                           CRL.RP No. 563 of 2021




    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:        HON'BLE MR JUSTICE V SRISHANANDA


                              ORAL ORDER

Affidavit is filed by the revision petitioner. Same is taken on record.

2. By filing an affidavit, all the apprehensions expressed by the defacto complainant stands quelled. Defacto complainant is the second wife of the revision petitioner.

3. Revision petitioner has suffered an order of conviction in CC No.13105/2007 for the offence punishable under Section 498(A) and 506(B) of IPC and was ordered simple imprisonment for a period of two years for the offence punishable under Section 498(A) and two years six months for the offence punishable under Section 506(B) with fine amount of Rs.5,000/- and Rs.6,000/- respectively.

NC: 2024:KHC:29659 CRL.RP No. 563 of 2021

4. The said order of conviction and sentence was confirmed in Crl.A.No.1138/2018.

5. The revision petitioner has agreed to settle the matter amicably. As a part of settlement, a plot measuring 300 sq.ft. is already gifted in favour of the daughters of defacto complainant. Daughters of defacto complainant are also present before the Court.

6. The defacto complainant said to have put up construction in the said property and are residing in the house belonging to the revision petitioner which they had agreed to vacate on or before 31.10.2024.

7. Taking note of the amicable settlement that has been arrived between the parties, imprisonment ordered by the learned trial Magistrate confirmed by the First Appellate Court for a period of two years for the offence punishable under Section 498(A) and two years six months for the offence punishable under Section 506(B) is hereby set aside.

NC: 2024:KHC:29659 CRL.RP No. 563 of 2021

8. It is made clear that revision petitioner shall not in any way, threaten the defacto complainant or her daughters or trouble them in any manner.

9. With the above modification, revision petition is allowed in part.

Sd/-

(V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 43 CT: BHK