B A Shivananda vs Sri N K Sridhar
2022 Latest Caselaw 8854 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 15TH DAY OF JUNE, 2022

                           BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

CRIMINAL REVISION PETITION NO.596 OF 2016
                  C/W.
CRIMINAL REVISION PETITION NO.597 OF 2016,
CRIMINAL REVISION PETITION NO.598 OF 2016,
CRIMINAL REVISION PETITION NO.599 OF 2016,
CRIMINAL REVISION PETITION NO.600 OF 2016,
CRIMINAL REVISION PETITION NO.601 OF 2016,
CRIMINAL REVISION PETITION NO.602 OF 2016,
CRIMINAL REVISION PETITION NO.603 OF 2016,
CRIMINAL REVISION PETITION NO.604 OF 2016


IN CRIMINAL REVISION PETITION NO.596 OF 2016

BETWEEN:

B.A. Shivananda,
aged about 46 years,
Son of P. Ashwathappa,
Residing at No.226, 2nd 'C' Cross,
11th Main, 1st Stage, 4th Block,
HBR Layout, Bengaluru - 560 043.
                                      ..Petitioner
(By Sri. Shivaswamy,   Advocate)

AND:

Sri.N.K. Sridhar, aged
about 53 years, son of
Narayana Bhatta, Prof.
Subhadra Hardware and
                                                 Crl.R.P.No.596/2016
                                              and connected matters

                               2


Sanitaries, No.280, 8th
Main Road, Defence Layout,
Vidyaranyapuram,
Bengaluru - 560 097.
                                              .. Respondent
(By Sri.K.R. Gopinath, Advocate)

                                  ****

This Crl.R.P. is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, praying to call for the records in C.C.No.6943/2013 from the Court of the XVIII Additional Chief Metropolitan Magistrate, Bengaluru City, peruse the same, hear the petitioner and allow the petition by setting aside the impugned portion of the judgment and sentence dated 01.02.2016 passed in C.C.No.6943/2013 by XVIII ACMM, Bengaluru therein by enhancing the sentence of fine to the respondent to an extent of `36,00,000/- and pay `35,00,000/- as compensation to the petitioner along with any benefits that the Court deems fit to grant in the circumstances of the case to meet the ends of justice.

IN CRIMINAL REVISION PETITION NO.597 OF 2016

BETWEEN:

B.A. Shivananda, aged about 46 years, Son of P. Ashwathappa, Residing at No.226, 2nd 'C' Cross, 11th Main, 1st Stage, 4th Block, HBR Layout, Bengaluru - 560 043.

..Petitioner (By Sri. Shivaswamy, Advocate)

AND:

Sri.N.K. Sridhar, aged about 53 years, son of Narayana Bhatta, Prof. Subhadra Hardware and Crl.R.P.No.596/2016 and connected matters

Sanitaries, No.280, 8th Main Road, Defence Layout, Vidyaranyapuram, Bengaluru - 560 097.

.. Respondent (By Sri.K.R. Gopinath, Advocate)

**** This Crl.R.P. is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, praying to call for the records in C.C.No.12444/2013 from the Court of the XVIII Additional Chief Metropolitan Magistrate, Bengaluru City, peruse the same, hear the petitioner and allow the petition by setting aside the impugned portion of the judgment and sentence dated 01.02.2016 passed in C.C.No.12444/2013 by XVIII ACMM, Bengaluru therein by enhancing the sentence of fine to the respondent to an extent of `36,00,000/- and pay `35,00,000/- as compensation to the petitioner along with any benefits that the Court deems fit to grant in the circumstances of the case to meet the ends of justice.

IN CRIMINAL REVISION PETITION NO.598 OF 2016

BETWEEN:

B.A. Shivananda, aged about 46 years, Son of P. Ashwathappa, Residing at No.226, 2nd 'C' Cross, 11th Main, 1st Stage, 4th Block, HBR Layout, Bengaluru - 560 043.

..Petitioner (By Sri. Shivaswamy, Advocate)

AND:

Sri.N.K. Sridhar, aged about 53 years, son of Narayana Bhatta, Prof. Subhadra Hardware and Crl.R.P.No.596/2016 and connected matters

Sanitaries, No.280, 8th Main Road, Defence Layout, Vidyaranyapuram, Bengaluru - 560 097.

.. Respondent (By Sri.K.R. Gopinath, Advocate)

**** This Crl.R.P. is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, praying to call for the records in C.C.No.17788/2013 from the Court of the XVIII Additional Chief Metropolitan Magistrate, Bengaluru City, peruse the same, hear the petitioner and allow the petition by setting aside the impugned portion of the judgment and sentence dated 01.02.2016 passed in C.C.No.17788/2013 by XVIII ACMM, Bengaluru therein by enhancing the sentence of fine to the respondent to an extent of `36,00,000/- and pay `35,00,000/- as compensation to the petitioner along with any benefits that the Court deems fit to grant in the circumstances of the case to meet the ends of justice.

CRIMINAL REVISION PETITION NO.599 OF 2016

BETWEEN:

B.A. Prashantha, aged about 44 years, Son of P. Ashwathappa, Residing at No.226, 2nd 'C' Cross, 11th Main, 1st Stage, 4th Block, HBR Layout, Bengaluru - 560 043.

..Petitioner (By Sri. Shivaswamy, Advocate)

AND:

Sri.N.K. Sridhar, aged about 53 years, son of Narayana Bhatta, Prof. Subhadra Hardware and Crl.R.P.No.596/2016 and connected matters

Sanitaries, No.280, 8th Main Road, Defence Layout, Vidyaranyapuram, Bengaluru - 560 097.

.. Respondent (By Sri.K.R. Gopinath, Advocate)

**** This Crl.R.P. is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, praying to call for the records in C.C.No.6985/2013 from the Court of the XVIII Additional Chief Metropolitan Magistrate, Bengaluru City, peruse the same, hear the petitioner and allow the petition by setting aside the impugned portion of the judgment and sentence dated 01.02.2016 passed in C.C.No.6985/2013 by XVIII ACMM, Bengaluru therein by enhancing the sentence of fine to the respondent to an extent of `36,00,000/- and pay `35,00,000/- as compensation to the petitioner along with any benefits that the Court deems fit to grant in the circumstances of the case to meet the ends of justice.

IN CRIMINAL REVISION PETITION NO.600 OF 2016

BETWEEN:

B.A. Prashantha, aged about 44 years, Son of P. Ashwathappa, Residing at No.226, 2nd 'C' Cross, 11th Main, 1st Stage, 4th Block, HBR Layout, Bengaluru - 560 043.

..Petitioner (By Sri. Shivaswamy, Advocate)

AND:

Sri.N.K. Sridhar, aged about 53 years, son of Narayana Bhatta, Prof. Subhadra Hardware and Crl.R.P.No.596/2016 and connected matters

Sanitaries, No.280, 8th Main Road, Defence Layout, Vidyaranyapuram, Bengaluru - 560 097.

.. Respondent (By Sri.K.R. Gopinath, Advocate)

**** This Crl.R.P. is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, praying to call for the records in C.C.No.12243/2013 from the Court of the XVIII Additional Chief Metropolitan Magistrate, Bengaluru City, peruse the same, hear the petitioner and allow the petition by setting aside the impugned portion of the judgment and sentence dated 01.02.2016 passed in C.C.No.12243/2013 by XVIII ACMM, Bengaluru therein by enhancing the sentence of fine to the respondent to an extent of `36,00,000/- and pay `35,00,000/- as compensation to the petitioner along with any benefits that the Court deems fit to grant in the circumstances of the case to meet the ends of justice.

IN CRIMINAL REVISION PETITION NO.601 OF 2016

BETWEEN:

B.A. Prashantha, aged about 44 years, Son of P. Ashwathappa, Residing at No.226, 2nd 'C' Cross, 11th Main, 1st Stage, 4th Block, HBR Layout, Bengaluru - 560 043.

..Petitioner (By Sri. Shivaswamy, Advocate)

AND:

Sri.N.K. Sridhar, aged about 53 years, son of Narayana Bhatta, Prof. Subhadra Hardware and Crl.R.P.No.596/2016 and connected matters

Sanitaries, No.280, 8th Main Road, Defence Layout, Vidyaranyapuram, Bengaluru - 560 097.

.. Respondent (By Sri.K.R. Gopinath, Advocate)

**** This Crl.R.P. is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, praying to call for the records in C.C.No.17787/2013 from the Court of the XVIII Additional Chief Metropolitan Magistrate, Bengaluru City, peruse the same, hear the petitioner and allow the petition by setting aside the impugned portion of the judgment and sentence dated 01.02.2016 passed in C.C.No.17787/2013 by XVIII ACMM, Bengaluru therein by enhancing the sentence of fine to the respondent to an extent of `36,00,000/- and pay `35,00,000/- as compensation to the petitioner along with any benefits that the Court deems fit to grant in the circumstances of the case to meet the ends of justice.

IN CRIMINAL REVISION PETITION NO.602 OF 2016

BETWEEN:

P. Ashwathappa, aged about 73 years, Son of late Soluru Pillappa, residing at No.226, 2nd 'C' Cross, 11th Main, 1st Stage, 4th Block, HBR Layout, Bengaluru - 560 043.

LRs of petitioner:

P1(a) Smt. S.R. Shanthamma, W/o. late P. Ashwathappa aged about 70 years.

P1(b) Sri.B.A. Shivananda S/o. late P. Aswathappa Crl.R.P.No.596/2016 and connected matters

aged about 49 years.

P1(c) Sri.B.A. Prashanth S/o. late P. Aswathappa aged about 47 years.

P1(d) Smt.B.A. Drakshayani D/o. late P. Aswathappa aged about 44 years,

All are residing at No.226, 2nd Cross, 11th Main, 1st Stage, 4th Block, HBR Layout, Bengaluru - 560043.

..Petitioners

(By Sri. Shivaswamy, Advocate)

AND:

Sri.N.K. Sridhar, aged about 53 years, son of Narayana Bhatta, Prof. Subhadra Hardware and Sanitaries, No.280, 8th Main Road, Defence Layout, Vidyaranyapuram, Bengaluru - 560 097.

.. Respondent (By Sri.K.R. Gopinath, Advocate)

**** This Crl.R.P. is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, praying to call for the records in C.C.No.7104/2013 from the Court of the XVIII Additional Chief Metropolitan Magistrate, Bengaluru City, peruse the same, hear the petitioner and allow the petition by setting aside the impugned portion of the judgment and sentence dated Crl.R.P.No.596/2016 and connected matters

01.02.2016 passed in C.C.No.7104/2013 by XVIII ACMM, Bengaluru therein by enhancing the sentence of fine to the respondent to an extent of `36,00,000/- and pay `35,00,000/- as compensation to the petitioner along with any benefits that the Court deems fit to grant in the circumstances of the case to meet the ends of justice.

IN CRIMINAL REVISION PETITION NO.603 OF 2016

BETWEEN:

P. Ashwathappa, aged about 73 years, Son of late Soluru Pillappa, residing at No.226, 2nd 'C' Cross, 11th Main, 1st Stage, 4th Block, HBR Layout, Bengaluru - 560 043.

LRs of petitioner:

P1(a) Smt. S.R. Shanthamma, W/o. late P. Ashwathappa aged about 70 years.

P1(b) Sri.B.A. Shivananda S/o. late P. Aswathappa aged about 49 years.

P1(c) Sri.B.A. Prashanth S/o. late P. Aswathappa aged about 47 years.

P1(d) Smt.B.A. Drakshayani D/o. late P. Aswathappa aged about 44 years, Crl.R.P.No.596/2016 and connected matters

All are residing at No.226, 2nd Cross, 11th Main, 1st Stage, 4th Block, HBR Layout, Bengaluru - 560043.

..Petitioners (By Sri. Shivaswamy, Advocate)

AND:

Sri.N.K. Sridhar, aged about 53 years, son of Narayana Bhatta, Prof. Subhadra Hardware and Sanitaries, No.280, 8th Main Road, Defence Layout, Vidyaranyapuram, Bengaluru - 560 097.

.. Respondent (By Sri.K.R. Gopinath, Advocate)

**** This Crl.R.P. is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, praying to call for the records in C.C.No.17786/2013 from the Court of the XVIII Additional Chief Metropolitan Magistrate, Bengaluru City, peruse the same, hear the petitioner and allow the petition by setting aside the impugned portion of the judgment and sentence dated 01.02.2016 passed in C.C.No.17786/2013 by XVIII ACMM, Bengaluru therein by enhancing the sentence of fine to the respondent to an extent of `36,00,000/- and pay `35,00,000/- as compensation to the petitioner along with any benefits that the Court deems fit to grant in the circumstances of the case to meet the ends of justice.

CRIMINAL REVISION PETITION NO.604 OF 2016

BETWEEN:

P. Ashwathappa, aged about 73 years, Crl.R.P.No.596/2016 and connected matters

Son of late Soluru Pillappa, residing at No.226, 2nd 'C' Cross, 11th Main, 1st Stage, 4th Block, HBR Layout, Bengaluru - 560 043.

LRs of petitioner:

P1(a) Smt. S.R. Shanthamma, W/o. late P. Ashwathappa aged about 70 years.

P1(b) Sri.B.A. Shivananda S/o. late P. Aswathappa aged about 49 years.

P1(c) Sri.B.A. Prashanth S/o. late P. Aswathappa aged about 47 years.

P1(d) Smt.B.A. Drakshayani D/o. late P. Aswathappa aged about 44 years,

All are residing at No.226, 2nd Cross, 11th Main, 1st Stage, 4th Block, HBR Layout, Bengaluru - 560043.

..Petitioners

(By Sri. Shivaswamy, Advocate)

AND:

Sri.N.K. Sridhar, aged about 53 years, son of Narayana Bhatta, Prof. Subhadra Hardware and Sanitaries, No.280, 8th Main Road, Defence Layout, Vidyaranyapuram, Crl.R.P.No.596/2016 and connected matters

Bengaluru - 560 097.

.. Respondent (By Sri.K.R. Gopinath, Advocate)

**** This Crl.R.P. is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, praying to call for the records in C.C.No.7103/2013 from the Court of the XVIII Additional Chief Metropolitan Magistrate, Bengaluru City, peruse the same, hear the petitioner and allow the petition by setting aside the impugned portion of the judgment and sentence dated 01.02.2016 passed in C.C.No.7103/2013 by XVIII ACMM, Bengaluru therein by enhancing the sentence of fine to the respondent to an extent of `36,00,000/- and pay `35,00,000/- as compensation to the petitioner along with any benefits that the Court deems fit to grant in the circumstances of the case to meet the ends of justice.

These Crl.R.Ps. coming on for Admission, through Physical Hearing/Video Conferencing Hearing this day, the Court made the following:

ORDER

Called again in the afternoon.

2. Learned counsel for the petitioner files a common

memo in all these matters, not pressing the present revision

petitions.

3. Though in the memo for withdrawal, it is

mentioned by the petitioner that he may be reserved liberty

to approach this Court after the disposal of the Criminal

Appeal filed by the respondent, however, in the absence of Crl.R.P.No.596/2016 and connected matters

there being any material before this Court about the alleged

Criminal Appeal alleged to have been filed by the

respondent, no such liberty can be reserved.

However, if any fresh cause of action arises for the

petitioner to challenge any order, needless to say that he

can proceed with seeking appropriate remedy in accordance

with law.

4. The respondents have submitted their 'no

objection' to allow the memo.

5. In view of the memo and supporting

submissions, all these revision petitions stand dismissed as

not pressed.

Sd/-

JUDGE

BMV*