Karnataka High Court
Nagangouda S/O vs The State Of Karnataka on 31 July, 2024
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NC: 2024:KHC-D:10815
CRL.RP No. 100274 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.100274 OF 2024 (397)
BETWEEN:
NAGANGOUDA S/O. MALLANAGOUDA PATIL,
AGED: 34 YEARS, OCC: ADVOCATE,
R/O: DEVALAPUR, TQ. BAILAHONGAL,
DIST. BELAGAVI-591102.
...PETITIONER
(BY SRI GIRISH V.BHAT, ADVOCATE FOR PETITIONER)
AND:
THE STATE OF KARNATAKA
THROUGH HUBBALLI RURAL POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP FOR RESPONDENT)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
Digitally signed by
YASHAVANT SECTION 397 R/W 401 OF CR.P.C., 1973, SEEKING TO ALLOW THE
NARAYANKAR
Location: HIGH APPLICATION FILED BY THE PETITIONER UNDER SECTION 227 OF
COURT OF
KARNATAKA CR.P.C. AND ALLOW THE CRIMINAL REVISION PETITION BY SETTING
ASIDE THE ORDER DATED 09.05.2024 PASSED BY THE V ADDL.
DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI,
IN SC NO.5010/2021 DISMISSING THE APPLICATION FILED UNDER
SECTION 227 OF CR.P.C., FOR DISCHARGING THE REVISION
PETITIONER/ ACCUSED NO.4 FOR THE OFFENCES P/U/SEC. 323,
354, 307, 504, 506 R/W 34 OF THE IPC 1860 IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS CRIMINAL REVISION PETITION, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:10815
CRL.RP No. 100274 of 2024
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner before this Court is arraigned as accused No.4. He has filed this petition under Section 397 read with 401 of the Criminal Procedure Code (for short, "Cr.P.C") challenging the order passed by the Trial Court rejecting the application filed by him under Section 227 Cr.P.C. to discharge him for the offences punishable under Sections 323, 354, 307, 504, 506 read with Section 34 IPC.
2. For the sake of convenience, parties are referred to by their ranks before the Trial Court.
3. The Hubballi Rural Police filed charge sheet against accused Nos.1 to 4, alleging that there is a civil dispute between complainant-Shobha Katti and accused Nos.1 to 4 with regard to the land in RS No.162/1 and 162/3 of Tarihal village and a suit for partition is pending. In this background, on 25.12.2018 at 2:30 pm, while CW4 Basappa Katti was working in the land, accused persons went there and annoyed by the fact that the -3- NC: 2024:KHC-D:10815 CRL.RP No. 100274 of 2024 said land was not given to them, they abused CW4-Basappa Katti in the filthy language. Accused No.2, Channappa Katti slapped him on his cheek, and all the accused persons with an intention of causing his death, strangulated his neck with towel which was on his shoulder. When the complainant came to his rescue, accused No.2-Channappa Katti outraged her modesty by pulling her saree and tore her blouse. All the accused persons gave threat to the life of complainant and CWs.4 to 9, and thereby committed the above offences.
4. Accuse No.4 filed application under Section 227 of Cr.P.C. to discharge him contending that there is no material to frame charge against him. There are no independent witnesses to the alleged incident. In fact, with regard to the incident dated 25.12.2018, accused No.1 Anasuya Katti has filed a complaint and case is registered against the complainant and other witnesses herein, in Crime No.325/2018 at 12.10 am. On 26.12.2018 as an afterthought, the complainant herein has chosen to file complaint after lapse of 14 hours. In respect of the said complaint, charge sheet is filed in CC No.215/2020 and -4- NC: 2024:KHC-D:10815 CRL.RP No. 100274 of 2024 after committal, it is registered as SC No.5021/2021 before the V Additional District and Sessions Judge, Dharwad, sitting at Hubballi. Several civil and criminal cases are pending against each other. Accused No.4 is a practicing advocate. He is the son-in-law of accused No.1. To pressurize, the accused persons to come to terms, his name is included in the complaint and prays to allow the application and discharge him.
5. Vide impugned order, the Trial Court has rejected application filed by accused No.4. Aggrieved by the same, he has filed this petition reiterating the grounds urged in his application filed under Section 227 of Cr.P.C.
6. Heard arguments and perused the record.
7. It is not in dispute that the accused persons and complainant and CWs.4 to 9 are related to each other. A civil dispute is pending between them for partition. It is alleged that on 25.12.2018, when the complainant and CWs.4 to 9 were working in the land bearing RS No.162/1 and 162/3 of Tarihal, accused persons barged into the said land and demanded that the said land should be given to them and so saying, they tried -5- NC: 2024:KHC-D:10815 CRL.RP No. 100274 of 2024 to strangulate CW4 Basappa Katti with the towel which he was wearing on his shoulder. When the complainant went to his rescue, accused No.2 outraged her modesty by pulling her saree and tore her blouse. Her hand was twisted. All the persons gave threat to the complainant and CWs.4 to 9.
8. Time and again, it was submitted that accused No.4 is a practicing advocate and unnecessarily, he has been implicated. It is relevant to note that accused No.4 is not only a practicing advocate, but, also he is the son-in-law of accused No.1. There is specific allegation that along with the other accused, he also entered the land in question and participated in the crime, including attempt made on the life of CW4 Basappa Channappa Katti. Therefore, prima facie, there is material to hold that accused No.4 was also present and participated in the crime.
9. It is brought to the notice of the Court that in respect of the same incident, accused No.1 herein has filed complaint against the complainant herein and CWs.4 to 9 with similar allegations. The said complaint is prior in point of time and on its -6- NC: 2024:KHC-D:10815 CRL.RP No. 100274 of 2024 basis, case is registered in Crime No.325/2018 and charge sheet is filed. In other words, regarding the incident in question, there is a case and counter case pending between the parties and they are facing trial. In the light of prima facie material on record, rightly the Trial Court has rejected the application filed by accused No.4 for discharge. After trial, the Court is to decide which of the complaint is false. Accused No.4 has failed to make out any justable grounds to interfere with the order passed by the trial court, refusing to discharge him. In the result, the petition fails and accordingly the following;
ORDER
(i) The criminal revision petition filed under Section 397 read with Section 401 of Criminal Procedure Code, is dismissed.
(ii) The impugned judgment and order dated 09.05.2024 in S.C.No.5010/2021 on the file of V Additional District and Sessions Judge, Dharwad, sitting at Hubballi is hereby confirmed.
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(iii) Registry is directed to send copy of this order to the trial Court forthwith.
Sd/-
(J.M.KHAZI) JUDGE Vmb List No.: 1 Sl No.: 39