Karnataka High Court
Nagangouda S/O vs The State Of Karnataka on 31 July, 2024
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CRL.RP No. 100274 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.100274 OF 2024 (397)
BETWEEN:
NAGANGOUDA S/O. MALLANAGOUDA PATIL,
AGED: 34 YEARS, OCC: ADVOCATE,
R/O: DEVALAPUR, TQ. BAILAHONGAL,
DIST. BELAGAVI-591102.
...PETITIONER
(BY SRI GIRISH V.BHAT, ADVOCATE FOR PETITIONER)
AND:
THE STATE OF KARNATAKA
THROUGH HUBBALLI RURAL POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP FOR RESPONDENT)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
Digitally signed by
YASHAVANT SECTION 397 R/W 401 OF CR.P.C., 1973, SEEKING TO ALLOW THE
NARAYANKAR
Location: HIGH APPLICATION FILED BY THE PETITIONER UNDER SECTION 227 OF
COURT OF
KARNATAKA CR.P.C. AND ALLOW THE CRIMINAL REVISION PETITION BY SETTING
ASIDE THE ORDER DATED 09.05.2024 PASSED BY THE V ADDL.
DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI,
IN SC NO.5010/2021 DISMISSING THE APPLICATION FILED UNDER
SECTION 227 OF CR.P.C., FOR DISCHARGING THE REVISION
PETITIONER/ ACCUSED NO.4 FOR THE OFFENCES P/U/SEC. 323,
354, 307, 504, 506 R/W 34 OF THE IPC 1860 IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS CRIMINAL REVISION PETITION, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
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CRL.RP No. 100274 of 2024
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)
Petitioner before this Court is arraigned as accused No.4. He
has filed this petition under Section 397 read with 401 of the
Criminal Procedure Code (for short, "Cr.P.C") challenging the
order passed by the Trial Court rejecting the application filed by
him under Section 227 Cr.P.C. to discharge him for the offences
punishable under Sections 323, 354, 307, 504, 506 read with
Section 34 IPC.
2. For the sake of convenience, parties are referred to by
their ranks before the Trial Court.
3. The Hubballi Rural Police filed charge sheet against
accused Nos.1 to 4, alleging that there is a civil dispute between
complainant-Shobha Katti and accused Nos.1 to 4 with regard to
the land in RS No.162/1 and 162/3 of Tarihal village and a suit
for partition is pending. In this background, on 25.12.2018 at
2:30 pm, while CW4 Basappa Katti was working in the land,
accused persons went there and annoyed by the fact that the
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said land was not given to them, they abused CW4-Basappa
Katti in the filthy language. Accused No.2, Channappa Katti
slapped him on his cheek, and all the accused persons with an
intention of causing his death, strangulated his neck with towel
which was on his shoulder. When the complainant came to his
rescue, accused No.2-Channappa Katti outraged her modesty by
pulling her saree and tore her blouse. All the accused persons
gave threat to the life of complainant and CWs.4 to 9, and
thereby committed the above offences.
4. Accuse No.4 filed application under Section 227 of
Cr.P.C. to discharge him contending that there is no material to
frame charge against him. There are no independent witnesses
to the alleged incident. In fact, with regard to the incident dated
25.12.2018, accused No.1 Anasuya Katti has filed a complaint
and case is registered against the complainant and other
witnesses herein, in Crime No.325/2018 at 12.10 am. On
26.12.2018 as an afterthought, the complainant herein has
chosen to file complaint after lapse of 14 hours. In respect of
the said complaint, charge sheet is filed in CC No.215/2020 and
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after committal, it is registered as SC No.5021/2021 before the
V Additional District and Sessions Judge, Dharwad, sitting at
Hubballi. Several civil and criminal cases are pending against
each other. Accused No.4 is a practicing advocate. He is the
son-in-law of accused No.1. To pressurize, the accused persons
to come to terms, his name is included in the complaint and
prays to allow the application and discharge him.
5. Vide impugned order, the Trial Court has rejected
application filed by accused No.4. Aggrieved by the same, he
has filed this petition reiterating the grounds urged in his
application filed under Section 227 of Cr.P.C.
6. Heard arguments and perused the record.
7. It is not in dispute that the accused persons and
complainant and CWs.4 to 9 are related to each other. A civil
dispute is pending between them for partition. It is alleged that
on 25.12.2018, when the complainant and CWs.4 to 9 were
working in the land bearing RS No.162/1 and 162/3 of Tarihal,
accused persons barged into the said land and demanded that
the said land should be given to them and so saying, they tried
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to strangulate CW4 Basappa Katti with the towel which he was
wearing on his shoulder. When the complainant went to his
rescue, accused No.2 outraged her modesty by pulling her saree
and tore her blouse. Her hand was twisted. All the persons gave
threat to the complainant and CWs.4 to 9.
8. Time and again, it was submitted that accused No.4 is
a practicing advocate and unnecessarily, he has been
implicated. It is relevant to note that accused No.4 is not only a
practicing advocate, but, also he is the son-in-law of accused
No.1. There is specific allegation that along with the other
accused, he also entered the land in question and participated in
the crime, including attempt made on the life of CW4 Basappa
Channappa Katti. Therefore, prima facie, there is material to
hold that accused No.4 was also present and participated in the
crime.
9. It is brought to the notice of the Court that in respect
of the same incident, accused No.1 herein has filed complaint
against the complainant herein and CWs.4 to 9 with similar
allegations. The said complaint is prior in point of time and on its
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basis, case is registered in Crime No.325/2018 and charge sheet
is filed. In other words, regarding the incident in question, there
is a case and counter case pending between the parties and they
are facing trial. In the light of prima facie material on record,
rightly the Trial Court has rejected the application filed by
accused No.4 for discharge. After trial, the Court is to decide
which of the complaint is false. Accused No.4 has failed to make
out any justable grounds to interfere with the order passed by
the trial court, refusing to discharge him. In the result, the
petition fails and accordingly the following;
ORDER
(i) The criminal revision petition filed under Section
397 read with Section 401 of Criminal Procedure
Code, is dismissed.
(ii) The impugned judgment and order dated
09.05.2024 in S.C.No.5010/2021 on the file of
V Additional District and Sessions Judge,
Dharwad, sitting at Hubballi is hereby
confirmed.
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(iii) Registry is directed to send copy of this order to
the trial Court forthwith.
Sd/-
(J.M.KHAZI)
JUDGE
Vmb
