Karnataka High Court
Kotturappa vs State By Banavara Police Station on 6 October, 2023
Bench: M G Uma
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NC: 2023:KHC:36885
CRL.RP No. 944 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL REVISION PETITION NO. 944 OF 2022
BETWEEN:
1. KOTTURAPPA
AGED ABOUT 71 YEARS
S/O PAVATHI NEELAKANTAPPA
(ABATED AMENDED VIDE
COURT ORDER DATED 06.10.2023)
2. Y.K. MAHESHA,
AGED ABOUT 42 YEARS,
S/O KOTTURAPPA,
3. SMT. BASAMMA,
AGED ABOUT 66 YEARS,
W/O KOTTURAPPA,
4. HALAPPA,
AGED ABOUT 61 YEARS,
S/O PAVATHI NANJUNDAPPA,
Digitally signed by ALL ARE R/O
PAVITHRA N YACHAGONDANAHALLY VILLAGE,
Location: High KANAKATTE HOBLI,
Court Of Karnataka
ARSIKERE TALUK,
HASSAN - 573 117.
...PETITIONERS
(BY SRI: RAMESHA .H.E., ADVOCATE
NOTE: PETITION AGAINST PETITIONER NO.1 - ABATED)
AND:
STATE BY
BANAVARA POLICE STATION,
REP. BY SPP,
-2-
NC: 2023:KHC:36885
CRL.RP No. 944 of 2022
HIGH COURT OF KARNATAKA,
BENGALURU - 560 009.
...RESPONDENT
(BY SRI: CHANNAPPA ERAPA, HCGP)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
A. SET ASIDE THE JUDGMENT DATED 07.12.2021 PASSED BY THE
ADDL. CIVIL JUDGE AND JMFC, ARSIKERE IN C.C.NO.116/2015 AND
THE JUDGMENT DATED 17.06.2022 PASSED BY THE COURT OF THE
III ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN IN
CRL.A.NO.175/2021. B. ALLOW THIS REVISION PETITION WITH
COSTS.
THIS CRL.RP, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed the
compromise petition under Section 482 r/w Section 320(1) of
Cr.PC, reporting that the accused has compounded the offence
with the injured and the informant. Therefore, he sought for
the said acceptance of the compromise petition and to acquit
the accused i.e., petitioner Nos. 2 to 4 for the offence
punishable under Sections 323, 324, 448, 504, 506 r/w Section
34 of IPC.
2. It is stated that accused No.1- Kotturappa had filed
the suit O.S.No.209/2016, seeking declaration and permanent
injunction against his brother- Yogesh and the said suit came to
be compromised before National Lok-adalath held on
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CRL.RP No. 944 of 2022
08.07.2023. Similarly, the said Kotturappa had filed a private
complaint in PCR No.50/2016 registered in CC No.587/2016
against his brother Yogesh and another. The said criminal case
was also compromised between the parties before National Lok-
adalath. The informant Yogesh being brother of accused No.1
undertook to compromise the present petition as well.
Accordingly, both the parties have come to a term and pray for
allowing the revision petition and to set aside the impugned
judgment of conviction and order of sentence, in the interest of
justice.
3. The petition is signed by petitioner Nos.2 to 4 and
their counsel and the first informant Yogesh and his counsel.
Copies of the compromise petition in O.S.No.209/2016 and CC
No.587/2018 are also produced. In the compromise petition
that is filed in CC No.587/2018, there is a reference to the
present revision petition Crl.RP No.944/2022 pending before
this Court and the informant undertook to compound the
offences.
4. I am satisfied with the averments made in the
compromise petition, in light of the documents produced along
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CRL.RP No. 944 of 2022
with it. The informant and the victim Yogesh is present before
the Court and submits that his wife and daughters are not the
injured persons and that he has compounded the offence with
accused Nos.2 to 4.
5. In view of the above, the petition filed by petitioner
Nos.2 to 4 is accepted. They are permitted to compound the
offence punishable under Sections 323, 324, 448, 504, 506 r/w
Section 34 of IPC. Accordingly, I proceed to pass the following;
ORDER
(i) The Compromise Petition filed under Section 482
r/w Section 320(1) of Cr.PC, is accepted.
(ii) The parties are permitted to compound the offence.
(iii) The impugned judgment of conviction and order of
sentence dated 07.12.2021 passed in CC No.116/2015 on the
file of the learned Additional Civil Judge and JMFC, Arsikere, is
set aside.
(iv) As a result, petitioner Nos.2 to 4 being accused
Nos.2 to 4 in CC No.116/2015 are acquitted for the offence
punishable under Sections 323, 324, 448, 504, 506 r/w Section
34 of IPC.
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CRL.RP No. 944 of 2022
(v) Their bail bonds and that of their sureties stand
discharged.
(vi) The amount in deposit is ordered to be transmitted
to the trial Court to enable the accused to withdraw the same
on proper identification.
Registry to send back the trial Court records along with
copy of this order.
Sd/-
JUDGE
PN
