Jagannath Shetty Bala vs Sri K P John
2024 Latest Caselaw 25536 Kant

Karnataka High Court

Jagannath Shetty Bala vs Sri K P John on 25 October, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                    NC: 2024:KHC:43168
                                               CRL.RP No. 1084 of 2024




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 25TH DAY OF OCTOBER, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                 CRIMINAL REVISION PETITION NO. 1084 OF 2024
            BETWEEN:

            1.    JAGANNATH SHETTY BALA,
                  S/O VITTALA SHETTY,
                  AGED ABOUT 54 YEARS,
                  R/AT AKSHARA NEAR BANTARA SANGHA,
                  SURATHKAL, MANGALURU, D.K - 575 011.
                  (EX PRINTER/PUBLISHER OF JAYAKIRANA,
                  KANNADA NEW PAPER)

            2.    MANOJ HALEYANGADY,
                  S/O SRI. RAMA SUVARNA,
                  AGED ABOUT 35 YEARS,
                  EDITOR, "JAYAKIRANA",
                  KANNADA NEWS PAPER,
                  BEJAI MANGALURU, D.K - 575 004.
                                                         ...PETITIONERS
            (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
Digitally
signed by   AND:
MALATESH
KC                SRI. K.P. JOHN,
Location:         S/O K.T. POTHAN,
HIGH              AGED ABOUT 58 YEARS,
COURT OF          R/AT MARIYA BHAWAN,
KARNATAKA
                  NELLYADI VILLAGE, PUTTUR TALUK,
                  D.K. DISTRICT - 574 229.
                                                         ...RESPONDENT
            (BY SRI. GIREESHA G.T, ADVOCATE)
                 THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C (U/S
            438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT
            AND CONVICTION ORDER DATED 30.10.2018 MADE IN
            CC.NO.1008/2007 BY THE ADDITIONAL CIVIL JUDGE AND JMFC
                                 -2-
                                              NC: 2024:KHC:43168
                                         CRL.RP No. 1084 of 2024




AT PUTTUR D.K AND JUDGMENT DATED 30.07.2024 PASSED IN
CRL.A.NO.5050/2018 BY THE COURT OF V ADDITIONAL
DISTRICT AND SESSIONS JUDGE D.K MANGALURU SITTING AT
PUTTUR D.K.

    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                          ORAL ORDER

I.A.No.2/2024 is filed under Section 482 read with

Section 320(1) of Cr.P.C. to compound the offence. Application

is signed by learned counsel for the petitioners and respondent.

Same is supported by affidavits of the revision petitioners and

the complainant.

Perused the application and the affidavits.

Upon the private complaint lodged by the respondent,

learned Trial magistrate took cognizance of the offence

punishable under Section 500 read with Section 34 of IPC

against the revision petitioners and after due trial, revision

petitioners were convicted and conviction order was upheld by

the learned Judge in the First Appellate Court.

NC: 2024:KHC:43168

Revision petitioners have now retraced their mistake and

tendered apology to the respondent which has been

acknowledged by the petitioners by filing the affidavits.

Since, the complainant is agreeable to compound the

offence alleged against the revision petitioners, even though,

the matter is at the revisional stage, by exercising the power

vested in this Court under Section 320(1) of Cr.P.C.,

I.A.No.2/2024 is allowed and revision petitioners are

permitted to compound the offence alleged against the revision

petitioners.

Consequently, the conviction order passed by the learned

Trial Magistrate confirmed by the First Appellate Court is hereby

set aside.

Sd/-

(V SRISHANANDA) JUDGE

KAV

CT: BHK