K.R.Siddalingakumar vs Jayanna
2024 Latest Caselaw 3130 Kant

Karnataka High Court

K.R.Siddalingakumar vs Jayanna on 1 February, 2024

                                         -1-
                                                      NC: 2024:KHC:4401
                                                CRL.RP No. 1151 of 2017




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                     BEFORE
                      THE HON'BLE MR JUSTICE S RACHAIAH
                 CRIMINAL REVISION PETITION NO. 1151 OF 2017
            BETWEEN:

                  K.R. SIDDALINGAKUMAR,
                  AGED ABOUT 47 YEARS,
                  S/O LATE RAJANNA,
                  SASALU VILLAGE,
                  SHETTIKERE HOBLI,
                  CHIKKANAYAKANAHALLI,
                  TQ, TUMAKURU DISTRICT - 572 101.
Digitally
signed by
SUDHA S                                                   ...PETITIONER
Location:
HIGH        (BY SRI. VINAYA KEERTHY M., ADVOCATE)
COURT OF
KARNATAKA
            AND:

            1.    JAYANNA,
                  AGED ABOUT 65 YEARS,
                  S/O GURUSIDDAIAH.

            2.    SANTHOSH,
                  AGED ABOUT 30 YEARS,
                  S/O JAYANNA.

                  BOTH ARE RESIDENTS
                  OF SASALU VILLAGE,
                  SHETTIKERE HOBLI,
                  CHIKKANAYAKANAHALLI TALUK,
                  TUMAKUR DISTRICT - 572 101.

            3.    STATE BY
                  CHIKKANAYAKANAHALLI POLICE,
                  CHIKKANAYAKANA HALLI,
                  TUMAKURU DT.,
                             -2-
                                            NC: 2024:KHC:4401
                                    CRL.RP No. 1151 of 2017




    REPRESENTED BY THE
    PUBLIC PROSECUTOR,
    HIGH COURT,
    BENGALURU - 560 001.

                                             ...RESPONDENTS

(BY SRI. S.T. BIKKANNAVAR, ADVOCATE FOR R2;
   SRI. RAHUL RAI K., HCGP FOR R3;
   R1 - SERVED AND UNREPRESENTED)



     THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C

PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED

04.04.2017   PASSED    BY   THE   LEARNED     V   ADDITIONAL

DISTRICT AND SESSIONS JUDGE, TIPTUR IN CRL.APPEAL

NO.10030/2015,   AND   ALLOW      THIS   CRIMINAL   REVISION

PETITION BY CONVICTING THE RESPONDENTS 1 AND 2 AND

SENTENCING THEM TO UNDER GO IMPRISONMENT AND ALSO

TO PAY FINE FOR THE OFFENCES P/U/S 448,504,323,506 R/W

34 OF IPC.



     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:
                               -3-
                                             NC: 2024:KHC:4401
                                     CRL.RP No. 1151 of 2017




                            ORDER

1. This revision petition filed by the complainant

being aggrieved by the judgment and order of the

Appellate Court wherein, the Appellate Court recorded the

conviction of respondent Nos.1 and 2 and imposed fines

only, for the offence punishable under Sections 448, 504,

323, 506 read with 34 of IPC, instead of convicting and

sentencing them for imprisonment for a term stipulated

under the provision.

2. In the meantime, the respondents herein have

preferred revision petition before this Court in

Crl.R.P.No.577/2017. The Co-ordinate Bench of this Court

has allowed the revision petition, set aside the conviction

passed by the Appellate Court.

3. Therefore, the prayer made in this petition

become infructuous. Hence, I proceed to pass the

following:

NC: 2024:KHC:4401

ORDER

The Revision petition stands dismissed as the

prayer is having become infructuous.

Sd/-

JUDGE

GPG

CT:SNN