Karnataka High Court
Sri Somashekar Nayaka vs State By on 13 June, 2023
Bench: S Rachaiah
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NC: 2023:KHC:20255
CRL.RP No. 192 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 192 OF 2022
BETWEEN:
SRI SOMASHEKAR NAYAKA
S/O BACHHA NAYAKA
AGED ABOUT 36 YEARS
CPI 736, BANAVARA POLICE
ARASIKERE TALUKA
HASSAN DISTRICT
Digitally NOW R/O MUDUDI TANDYA
signed by N
UMA GANDASI HOBLI
Location: ARASIKERE TALUK - 573 103.
HIGH COURT
OF
KARNATAKA ...PETITIONER
(BY SRI. PRITHVEESH M.K, ADVOCATE)
AND:
1. STATE BY
BANAVARA POLICE
REP BY SPP
BANGALORE - 560 001.
2. SRI. H.S. SUBBE GOWDA
S/O LATE SANNEGOWDA
AGED ABOUT 62 YEARS
RETIRED AS HEAD CONSTABLE
RESIDING AT NO. 277
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CRL.RP No. 192 of 2022
SATHYAMANGALA BADAVANE
NEAR TIMES SCHOOL
HASSAN TOWN
(AMENDED AS PER ORDER DATED 13.06.2023)
...RESPONDENTS
(BY SRI. RAHUL RAI K, HCGP FOR R1;
SRI. R. RANGANATH, ADVOCATE FOR R2)
---
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT DATED 24.12.2021 IN
CRL.A.NO.115/2020 ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, AT HASSAN DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT OF
CONVICTION AND ORDER OF SENTENCE DATED 10.02.2020 IN
C.C.NO.2376/2014 ON THE FILE OF THE ADDITIONAL CIVIL
JUDGE AND JMFC, AT ARSIKERE, C.C.NO.2376/2014 BE
DISMISSED, THIS CRIMINAL REVISION PETITION BE ALLOWED
AND ETC.,
THIS CRIMINAL REVISION PETITION, COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:
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CRL.RP No. 192 of 2022
ORDER
1. Heard Shri Prithveesh M.K., learned counsel for the
petitioner and Shri Rahul Rai.K., learned counsel for the
respondent No.1 and Shri R.Ranganath, learned counsel for the
respondent No.2.
2. Learned counsel for the petitioner and learned
counsel for the respondent No.2 submit that the petitioner and
the respondent No.2 have settled the dispute amicably and filed
an application I.A.No.1/2023 under Section 320(1) and (2) of
the Code of Criminal Procedure (for short "Cr.P.C.") dated
12.06.2023 along with affidavits and pray to compound the
offences under Sections 332, 504 and 506 of the Indian Penal
Code (for short "IPC") as against the petitioner.
3. Learned High Court Government appearing for
respondent No.1 has no objection to allow the application.
4. The Petitioner and the respondent No.2 are present
and identified by their respective counsels. The application
I.A.No.1/2023 is duly signed by the petitioner, the respondent
No.2 and the learned counsel for the petitioner.
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CRL.RP No. 192 of 2022
5. Perused the averments made in the application and
also considered the offences for which the petitioner has been
convicted. In view of the settlement arrived at between the
petitioner and the respondent No.2, there is no embargo to this
Court to record the compromise.
6. Accordingly, I proceed to pass the following:
ORDER
(i) I.A.No.1/2023 is allowed. Consequently, the
Criminal Revision Petition stands disposed of in
terms of the compromise.
(ii) The judgment of conviction and order of
sentence dated 10.02.2020 passed in
C.C.No.2376/2014 by the learned Additional Civil
Judge and J.M.F.C., at Arsikere and its
confirmation judgment and order dated
24.12.2021 passed in Crl.A. No.115/2020 by the
learned II Additional District and Sessions Judge,
Hassan are set aside.
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CRL.RP No. 192 of 2022
(iii) The petitioner / accused is acquitted for the
offences punishable under Sections 332, 504 and
506 of IPC.
(iv) Bail bond executed, if any, stands cancelled.
(v) The concerned authority may consider this
judgment of acquittal for the purpose of
reinstatement or other entitlements, if it is
permitted, in accordance with law.
(vi) It is made clear, the order passed by this Court
in respect of reinstatement and other
entitlements is judgment in personam and not
judgment in rem.
Sd/-
JUDGE
BSS
