Sri K N Kumar vs Sri K V Nagendra
2024 Latest Caselaw 26300 Kant

Karnataka High Court

Sri K N Kumar vs Sri K V Nagendra on 5 November, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                    NC: 2024:KHC:44511
                                              CRL.RP No. 598 of 2020




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 5TH DAY OF NOVEMBER, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO.598 OF 2020


            BETWEEN:

            1.    SRI K N KUMAR
                  SON OF LATE NANJUNDAIAH
                  AGED ABOUT 53 YEARS,
                  RESIDING AT KALLANAKERE VILLAGE
                  DWARANAHALLI POST,
                  KASABA HOBLI
                  TURUVEKERE TALUK
                  TUMKUR DISTRICT-572 227
                                                         ...PETITIONER
            (BY SRI. SOMASHEKHARAIAH R P, ADVOCATE)
            AND:

            1.    SRI K V NAGENDRA
                  SON OF VEERANNA B C
Digitally         AGED ABOUT 28 YEARS,
signed by         RESIDING AT KALLANAKERE VILLAGE
MALATESH          DWARANAHALLI POST
KC                KASABA HOBLI,
Location:         TURUVEKERE TALUK
HIGH              TUMKUR DISTRICT-572 227
COURT OF                                                ...RESPONDENT
KARNATAKA
            (BY SRI SADANANDA       SHASTRI   FOR   SMT.PADMAVATHI,
            ADVOCATES)
                   THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
            CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER OF
            DISMISSAL OF CRL.A.NO.10037/2017 DATED 08.07.2020 OF
            THE LEARNED V ADDITIONAL DISTRICT AND SESSIONS JUDGE
                               -2-
                                           NC: 2024:KHC:44511
                                       CRL.RP No. 598 of 2020




AT TIPTUR IN CONFIRMING THE JUDGMENT OF CONVICTION
AND SENTENCE DATED 29.11.2017 PASSED BY SENIOR CIVIL
JUDGE AND JMFC AT TURUVEKERE IN C.C.NO.140/2016 AND
SET ASIDE THE ORDER OF THE COURT BELOW BY ALLOWING
THIS CRIMINAL REVISION PETITION.

     THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:



CORAM:    HON'BLE MR JUSTICE V SRISHANANDA


                        ORAL ORDER

Sum of Rs.20,000/- is tendered by the revision petitioner

to the counsel for the respondent. Same is acknowledged in

the order sheet.

2. Memo is filed by the learned counsel for the revision

petitioner waiving of Rs.1,000/- towards the compensation.

Counsel for the respondent has no objection.

3. Placing the memo on record, taking note of the fact

that Rs.35,000/- is in deposit before the Trial Court which can

be withdrawn by the complainant, the revision petition stands

disposed of.

4. Since the lis is privy to the parties, sum of

Rs.4,000/-awarded by the learned Trial Judge, confirmed by

NC: 2024:KHC:44511

the First Appellate Court towards defraying expenses of the

State is hereby set aside.

5. Amount in deposit is ordered to be withdrawn by

the complainant under due identification.

Sd/-

(V SRISHANANDA) JUDGE

MR