Mota @ Motegowda vs The State Of Karnataka
2023 Latest Caselaw 1942 Kant

                                                 -1-

                                                          CRL.RP No. 159 of 2019



                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 21ST DAY OF MARCH, 2023
                                               BEFORE
                          THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                                      CRL.R.P. NO. 159 OF 2019
                   BETWEEN:

                   MOTA @ MOTEGOWDA
                   AGED ABOUT 46 YEARS
                   S/O KUNTEGOWDA
                   R/AT MOOGANAHUNDI
                   VILLAGE, JAYAPURA HOBLI
                   MYSURU TALUK AND
Digitally signed
by B A KRISHNA     DISTRICT - 571 123.
KUMAR
Location: High
                                                                     ...PETITIONER
Court of
Karnataka          (BY SRI SHIVANANDA R, ADV., FOR
                       SRI P. NATARAJU, ADV.)
                   AND:

                   THE STATE OF KARNATAKA
                   BY JAYAPURA POLICE STATION
                   MYSURU DISTRICT
                   REP BY STATE PUBLIC
                   PROSECUTOR, HIGH COURT
                   BUILDING, BENGALURU - 560 001.
                                                                    ...RESPONDENT
                   (BY SMT. RASHMI JADHAV, HCGP)

                          THIS CRL.R.P. IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
                   SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE LEARNED II
                   ADDITIONAL SESSIONS JUDGE AT MYSORE IN CRL.A.NO.193/2018
                   DATED 07.01.2019 AND THE JUDGMENT AND ORDER PASSED BY
                   THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M AT
                   MYSORE IN C.C.NO.6/2004 DATED 29.08.2018 AND ACQUIT THE
                   PETITIONER, BY ALLOWING THIS RP.


                          THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE
                   COURT MADE THE FOLLOWING:
                                  -2-

                                             CRL.RP No. 159 of 2019




                                ORDER

This criminal revision petition under Sections 397 read

with 401 Cr.PC is filed by the sole accused challenging the

judgment and order of conviction and sentence dated

29.08.2018 passed by the Prl. Senior Civil Judge & CJM,

Mysuru, in C.C.No.6/2004 and the judgment and order dated

07.01.2019 passed by the II Addl. Sessions Judge, Mysuru, in

Crl.A.No.193/2018.

2. Heard the learned Counsel for the petitioner and the

learned HCGP for the respondent-State.

3. Facts leading to filing of this revision petition narrated

briefly are, the complainant/CW-1 - Mangalamma had

approached the jurisdictional police with a complaint alleging

that prior to 04.02.1998, the accused had induced her to have

sexual intercourse with him and he had promised to marry her.

As a result of the relationship which the complainant had with

the petitioner, she conceived and at the instance of the

petitioner, the pregnancy was also aborted. On one such

instance when the petitioner was having sexual intercourse

with the complainant, the mother of the complainant witnessed

CRL.RP No. 159 of 2019

the same and brought it to the notice of her husband. The

petitioner and his father requested the complainant and her

family members not to lodge any police complaint and assured

that they will settle the matter in the panchayath. Thereafter,

the petitioner absconded and it is under these circumstances,

the complaint was filed, based on which FIR was registered

against the petitioner for the offence punishable under Section

376 IPC. The police, after investigation filed charge sheet for

the said offence against the petitioner.

4. The Sessions Court while taking cognizance of the

charge sheeted offence, discharged the petitioner for the

offence under Section 376 IPC and framed charge against the

petitioner for the offence under Section 417 IPC and directed

trial of the accused for the offence punishable under Section

417 IPC before the Court of Chief Judicial Magistrate. The

petitioner had pleaded not guilty in the proceedings before the

learned Magistrate, and therefore, the prosecution to prove its

case had examined 18 witnesses as PWs-1 to 18 and also got

marked 16 documents as Exs.P-1 to P-16. The petitioner who

had denied the incriminating circumstances available against

him on record, had not chosen to lead any defence evidence.

CRL.RP No. 159 of 2019

The Trial Court vide its judgment and order dated 29.08.2018

convicted the petitioner for the offence under Section 417 IPC

and sentenced him to undergo simple imprisonment for a

period of one year and pay fine of Rs.5,000/- and exercising its

power under Section 357 Cr.PC, the petitioner was directed to

pay compensation of Rs.one lakh to the victim - Mangalamma

within one month from the date of the order, and in default, to

undergo simple imprisonment for six months. The said

judgment and order of conviction and sentence was upheld by

the Appellate Court in Crl.A.No.193/2018 on 07.01.2019. It is

under this factual background, the petitioner is before this

Court.

5. Learned Counsel for the petitioner submits that during

the pendency of this revision petition, the dispute between the

parties has been settled. The complainant/victim girl is now

married and settled in life. He submits that her family members

have come forward to settle the matter and since the

complainant is married, she is not in a position to appear

before this Court, and therefore, her brother Huchaiah has

appeared on her behalf before this Court. He submits that an

amount of Rs.25,000/- which was deposited by the petitioner

CRL.RP No. 159 of 2019

before the Appellate Court has been already directed to be

withdrawn by the complainant and in addition to the said

amount, the petitioner has offered to pay a sum of Rs.one lakh

to the complainant and she has agreed to receive the same. He

submits that the Demand Draft bearing No.034773 dated

13.03.2023 drawn in her name has been today handed over to

the brother of the complainant/PW-1 and the receipt of the

same is duly acknowledged by Sri Huchaiah who is present

before this Court and he submits that he has no objection to

compound the offence for which the petitioner has been

convicted.

6. Learned HCGP who was directed to get instructions in

the matter, on instructions submits that the brother of the

complainant viz., Huchaiah has been authorized by the

complainant to appear before the Court and report settlement

between the parties. She submits that having regard to the

same, appropriate orders may be passed by this Court taking

into consideration the judgment in the case of HASI MOHAN

BARMAN & ANOTHER VS STATE OF ASSAM & ANOTHER -

(2008)1 SCC 184, wherein the Hon'ble Supreme Court in

almost identical circumstances taking into consideration the

CRL.RP No. 159 of 2019

settlement between the parties and also in the background of

its judgments earlier in the case of JETHA RAM VS STATE OF

RAJASTHAN - (2006)9 SCC 255, and BANKAT VS STATE OF

MAHARASHTRA - (2005)1 SCC 343, has held that considering

the fact that the parties have settled the dispute between

themselves amicably and also taking into consideration that the

complainant/victim girl is now married and wants to live

peacefully, while maintaining the order of conviction, had

reduced the sentence imposed on the accused.

7. In my considered view, having regard to the

settlement between the parties and also considering the fact

that the complainant/victim has come forward to accept the

compensation from the petitioner, it is a fit case for modifying

the sentence imposed by the Trial Court which has been

confirmed by the Appellate Court. Accordingly, the following

order:

8. The criminal revision petition is allowed in part. The

judgment and order of conviction passed by the courts below

convicting him for the offence under Section 417 IPC is upheld.

The sentence imposed upon the petitioner by the courts below

for the offence under Section 417 IPC is modified and it is

CRL.RP No. 159 of 2019

reduced to the period of sentence already undergone by him.

The petitioner shall deposit the fine amount before the Trial

Court as directed by the courts below, if not already deposited,

within a period of four weeks from the date of receipt of the

certified copy of this order.

Sd/-

JUDGE

KK