Karnataka High Court
Vinod And Ors vs The State Of Karnataka on 4 December, 2023
Author: K Natarajan
Bench: K Natarajan
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NC: 2023:KHC-K:8996
CRL.RP No. 200080 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL REVISION PETITION NO. 200080 OF 2019
BETWEEN:
1. VINOD
S/O KASHINATH KAMALAPUR,
AGED ABOUT 25 YEARS,
OCCUPATION: STUDENT,
R/O RAMNAGAR, KALABURAGI,
TALUK AND DISTRICT KALABURAGI - 585 102.
2. KASHINATH
S/O PRABHAKAR GOURE,
AGED ABOUT 24 YEARS,
OCCUPATION: STUDENT,
R/O KAMALAPUR,
TALUK AND DISTRICT KALABURAGI - 585 102.
Digitally signed
by
KHAJAAMEEN L 3. MAHESH
MALAGHAN
S/O NAGAPPA HALABENNUR
Location: High
Court Of AGED ABOUT 29 YEARS,
Karnataka
OCCUPATION: PRIVATE JOB,
R/O NARAYANPETH, KALABURAGI,
TALUK AND DISTRICT KALABURAGI - 585 102.
...PETITIONERS
(BY SRI. CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND:
1 THE STATE OF KARNATAKA
THROUGH M.B. NAGAR P.S.,
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NC: 2023:KHC-K:8996
CRL.RP No. 200080 of 2019
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH - 585 102.
2. SHILPA
D/O. KAMALAKAR
AGE: 31 YEARS.
OCC: HOUSE HOLD
R/O. OM NAGAR, KALABURAGI
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP FOR R-1;
SRI. ANVAR SWADI, ADVOCATE FOR R-2)
THIS CRL.RP IS FILED U/SEC.397 R/W 401 OF CR.P.C
PRAYING TO CALL FOR THE RECORDS. SET ASIDE THE
JUDGMENT DATED: 06.10.2016 PASSED BY THE LEARNED IV
ADDL. JMFC AT KALABURAGI IN C.C.NO.1781/2012 AND ALSO
SET ASIDE THE JUDGMENT DATED 18.10.2019 PASSED BY THE
LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE AT
KALABURAGI IN CRL.A.NO.70/2016 AND CONSEQUENTLY BE
PLEASED TO ACQUIT THE PETITIONERS FROM THE ALLEGED
OFFENCES PUNISHABLE U/SEC.448, 452, 354, 504, 506, 509,
R/W 34 OF IPC IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This revision petition is filed by petitioner-accused
Nos.1 to 3 under Section 397 of Cr.P.C. for setting aside
the judgment of conviction and the order of sentence
dated 06.10.2016 passed by the IV Additional JMFC,
Kalaburagi in C.C. No.1781/2012 for having found the
petitioners guilty and convicted them for the offences
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punishable under Sections 448, 452, 354, 504, 506, 509,
read with Section 34 of IPC and the same was upheld by
the III Additional District and Sessions Judge, Kalaburagi
in Criminal Appeal No.70/2016 dated 18.10.2019.
2. During the pendency of the petition, both
petitioner Nos.1 to 3 and the victim (P.W.1) appeared
before the Court along with their learned counsels and
filed compromise application (I.A. No.1/2023) seeking
permission to compromise the issue and for compounding
the offence.
3. Heard learned counsel for the petitioners and
learned counsel for the victim and learned High Court
Government Pleader for respondent State.
4. Having heard the arguments of learned counsel
for the parties, perused the records.
5. On perusal of the records, of course, the case was
moved by the prosecution before the trial Court and the
judgment passed by the trial Court was upheld by the first
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appellate Court. Now the petitioners and the victim have
appeared before the Court seeking permission to
compound the offence. The petitioners are said to be the
cousin brothers of the victim-Shilpa. The victim
approached in the revision petition for leading happy life.
The parties are the close relatives and accused No.1 said
to be the son of paternal aunt of the victim lady.
6. Considering the facts and circumstances of the
case, I am of the view if the I.A. No.1/2023 is allowed, no
prejudice would be caused to the case of prosecution. The
Hon'ble Supreme Court in catena of cases has permitted to
compound the offence when the parties have settled the
issue. Since the parties are of the same villages and they
are the relatives, they are permitted to compound the
offence. Accordingly, the I.A. No.1/2023 for compromise
is allowed
7. Consequently, the petition is allowed. The
judgment dated 06.10.2016 passed by the IV Additional
JMFC, Kalaburagi in C.C. No.1781/2012 which was upheld
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by the III Additional District and Sessions Judge,
Kalaburagi in Criminal Appeal No.70/2016 dated
18.10.2019, is hereby set aside.
8. The petitioners are acquitted of the charges
leveled against them. Their bail bonds stand cancelled.
The fine amount, if any already paid, is ordered to be
refunded to the petitioners.
Sd/-
JUDGE
CS
CT:SK
