Karnataka High Court
Venkatesha vs State Of Karnataka on 26 July, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:29659
CRL.RP No. 563 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 563 OF 2021
BETWEEN:
VENKATESHA,
S/O NALLAPPA,
AGED ABOUT 52 YEARS,
R/AT NO. 9/1, N.G.R LAYOUT,
RUPENA AGRAHARA, GULBARGA COLONY,
BENGALURU - 560 068.
...PETITIONER
(BY SRI. M. SHASHIDHARA, ADVOCATE)
AND:
STATE OF KARNATAKA
BY MADIVALA P.S.,
REPRESENTED BY SPP,
Digitally
signed by HIGH COURT OF KARNATAKA,
MALATESH AT BENGALURU - 560 001.
KC
Location: ...RESPONDENT
HIGH
COURT OF (BY SRI. CHANNAPPA ERAPPA, HCGP)
KARNATAKA
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION
PASSED BY THE HONBEL XLV ADDL.CITY CIVIL AND SESSIONS
JUDGE, AT BENGALURU CITY DATED 01.07.2019 IN
CRL.A.NO.1138/2018 BY CONFIRMING THE JUDGMENT OF
CONVICTION OF TRIAL COURT DATED 18.06.2018 IN
C.C.NO.13105/2007 PASSED BY THE HONBLE CMM AT
BENGALURU FOR THE OFFENCE P/U/S 498A AND 506B OF IPC
AND SEC.3 OF D.P ACT AND ACQUIT THE PETITIONER.
-2-
NC: 2024:KHC:29659
CRL.RP No. 563 of 2021
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Affidavit is filed by the revision petitioner. Same is
taken on record.
2. By filing an affidavit, all the apprehensions
expressed by the defacto complainant stands quelled.
Defacto complainant is the second wife of the revision
petitioner.
3. Revision petitioner has suffered an order of
conviction in CC No.13105/2007 for the offence punishable
under Section 498(A) and 506(B) of IPC and was ordered
simple imprisonment for a period of two years for the
offence punishable under Section 498(A) and two years six
months for the offence punishable under Section 506(B)
with fine amount of Rs.5,000/- and Rs.6,000/-
respectively.
NC: 2024:KHC:29659
4. The said order of conviction and sentence was
confirmed in Crl.A.No.1138/2018.
5. The revision petitioner has agreed to settle the
matter amicably. As a part of settlement, a plot
measuring 300 sq.ft. is already gifted in favour of the
daughters of defacto complainant. Daughters of defacto
complainant are also present before the Court.
6. The defacto complainant said to have put up
construction in the said property and are residing in the
house belonging to the revision petitioner which they had
agreed to vacate on or before 31.10.2024.
7. Taking note of the amicable settlement that has
been arrived between the parties, imprisonment ordered
by the learned trial Magistrate confirmed by the First
Appellate Court for a period of two years for the offence
punishable under Section 498(A) and two years six months
for the offence punishable under Section 506(B) is hereby
set aside.
NC: 2024:KHC:29659
8. It is made clear that revision petitioner shall not
in any way, threaten the defacto complainant or her
daughters or trouble them in any manner.
9. With the above modification, revision petition is
allowed in part.
Sd/-
(V SRISHANANDA)
JUDGE
KAV
CT: BHK
