The State Of Karnataka vs Sri Prabhakar
2024 Latest Caselaw 28135 Kant

Karnataka High Court

The State Of Karnataka vs Sri Prabhakar on 25 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                       -1-
                                                   NC: 2024:KHC:48170
                                               CRL.RP No. 722 of 2016




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 25TH DAY OF NOVEMBER, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION No.722 OF 2016
            BETWEEN:

            1.    THE STATE OF KARNATAKA
                  BY KORAMANGALA POLICE
                  BENGALURU
                  REPRESENTED BY S.P.P.
                  HIGH COURT,
                  BANGALORE-560 034
                                                        ...PETITIONER
            (BY SRI VINAY MAHADEVAIAH, HCGP)

            AND:

            1.    SRI PRABHAKAR
                  S/O NAGAPPA,
                  AGE 36 YEARS
                  #47, BALAKRISHNA HOUSE,
                  DODDA THOGURU
Digitally         ELECTRONIC CITY,
signed by
MALATESH          BANGALORE-560 100
KC                                                     ...RESPONDENT
Location:   (BY SRI K N NARAYANASWAMY, ADVOCATE)
HIGH
COURT OF
KARNATAKA          THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
            CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
            DATED 11.03.2016 ON THE FILE OF LXIX ADDL. CITY CIVIL
            AND S.J., BENGALURU CITY IN S.C.NO.115/2012 PASSED IN
            RESPECT OF OFFENCE P/U/S 399 AND 402 OF IPC.
                                     -2-
                                                   NC: 2024:KHC:48170
                                              CRL.RP No. 722 of 2016




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

CORAM:       HON'BLE MR JUSTICE V SRISHANANDA


                              ORAL ORDER

Heard Sri Vinay Mahadevaiaha, learned High Court

Government Pleader for the petitioner/State. None present for

the respondent.

2. The State in the revision, challenging the order of

acquittal passed against the respondent. A split up charge

sheet filed by the Investigation Officer for the offence

punishable under Section 399 and 402 IPC. Main case against

other accused persons also ended in acquittal and State did not

chose to challenge the said order of acquittal against the other

accused persons.

3. Learned Judge in the First Appellate Court on the

appeal filed by the State, noting that no recovery has been

made, dismissed the appeal of the accused as material

evidence was not sufficient to attract the ingredients to proceed

against the accused for the offence punishable under Section

399 and 402 IPC.

NC: 2024:KHC:48170

4. This Court that too in the revisional jurisdiction

cannot revisit into the factual aspects of the matter, as

accused/respondent is now having benefit of triple innocence as

two Courts have recorded acquittal against the accused.

5. Accordingly, revision petition is meritless and

hereby dismissed.

Sd/-

(V SRISHANANDA) JUDGE

MR