Karnataka High Court
Sri.N.R.Bhandage vs Sri.Veeranna Chandrashekharayya ... on 3 July, 2025
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NC: 2025:KHC-D:8339
CRL.RP No. 100232 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL REVISION PETITION NO.100232 OF 2018
(397 OF Cr.PC/438 OF BNSS)
BETWEEN:
1. SRI. N. R. BHANDAGE,
AGE: 67 YEARS,, OCC: EDIOR, PUBLISHER,
PRINER OF NUTAN RAJAKIYA
CHARAVARTI WEEKLY NEWS PAPER,
R/A: KITUR CHANNAMMA RANI ROAD,
NEAR VIKRAM INSTITUTE, MASARI, GADAG.
2. SRI. N. R. NADAF,
AGE: 59 YEARS, ,OCC: CO-EDITOR,
NUTAN RAJAKIYIA CHARAVARTI WEEKLY NEWS PAPER,
R/A: KITUR CHANNAMMA RANI ROAD,
NEAR VIKRAM INSTITUTE, MASARI, GADAG.
...PETITIONERS
(BY SRI. GOURISHANKAR H. MOT, ADV.FOR PETITIONER NO.1;
Digitally signed PETITIONER NO.2-IS DELETED V/C/O DATED 23.06.2025)
by RAKESH S
HARIHAR
AND:
Location: High
Court of
Karnataka,
Dharwad Bench SRI.VEERANNA CHANDRASHEKHARAYYA CHARANTIMATH,
AGE: 55 YEARS, OCC: BUSINESS AND PRESIDENT OF
BASAVESHWAR VIDYA VARDHAK SANGHA, R/AT: BAGALKOTE.
...RESPONDENT
(BY SRI. AVINASH M. ANGADI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397(1) R/W
SEC. 401 OF CR.P.C. SEEKING THAT THE JUDGMENT & ORDER
PASSED BY THE II-ADDL. DIST. & SESSIONS JUDGE, BAGALKOT IN
CRL.A.NO.84/2010 DATED 13.11.2018 & THE ORDER DATED
27.09.2010 PASSED BY THE PRINCIPAL CIVIL JUDGE & J.M.F.C, AT:
BAGALKOT IN C.C.NO.66/2001 AGAINST THE PETITIONERS FOR THE
ALLEGED OFFENCE TO BE SET-ASIDE, IN THE INTEREST OF JUSTICE
AND EQUITY.
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NC: 2025:KHC-D:8339
CRL.RP No. 100232 of 2018
HC-KAR
THIS PETITION IS COMING ON FOR FINAL HEARING, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
Heard Shri Gourishankar H.Mot, learned counsel for
the revision petitioner and Shri Avinash M. Angadi, learned
counsel for the respondent-de facto complainant.
2. The revision petitioner/accused has filed the
present Criminal Revision Petition under Section 397(1)
read with Section 401 of the Code of Criminal Procedure,
praying to set-aside the judgment passed by learned II
Additional District and Sessions Judge, Bagalkote in Crl.A.
No.84/2010 dated 13.11.2018 confirming the judgment of
conviction and order of sentence dated 27.09.2010 passed
by the learned Prl. Civil Judge and JMFC, Bagalkot in C.C.
No.66/2001. The petitioner-accused No.1 and de facto
complainant have resolved their disputes amicably.
3. In view of settlement, the petitioner-accused
No.1 and respondent-de facto complainant have filed a
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HC-KAR
joint memo under Sections 359 (5), (6) and (8) of
Bharatiya Nagarik Suraksha Sanhita, 2023. The contents of
joint memo read as under:
"Herein the advocate for the petitioner
No.1/accused no.1 & the complainant submits
before this Hon'ble Court as follows;
That, in view of the intervention of elders the
petitioner/accused and complainant, have
mutually agreed to the following terms and
conditions mentioned below;
1) That, the complainant/respondent had filed a
private complaint against the petitioner/accused
before this Hon'ble court of Principal Civil Judge &
J.M.F.C, Bagalkot, at: Bagalkot in C.C.
No.66/2001. The dispute as aroused between the
petitioner & complainant has been amicably
settled. Now, petitioner & complainant have
compromised the matter amicably & are willing to
set aside their differences and stay as good and
law-abiding citizens. Hence in view of the same
the accused No.1/petitioner &
complainant/respondent has filed this joint
memo.
2) It is submitted that, the petitioner has
tendered unconditional apology today to the
complainant & the complainant has come forward
to settle the above case amicably before this
Hon'ble Court, in the interest of justice. Hence,
this Joint memo.
3) The petitioner and the complainant at the
intervention of the well-wishers and the elderly
members of both the side family members
decided to put an end to the dispute between
them and accordingly arrived at a settlement of
dispute and same is without their being any
undue influence, coercion or threat from anybody
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out of their free will & wish, complainant has
agreed to not to pursue any other criminal cases
nor the above case as same is personal in nature,
accordingly to facilitate compounding of the said
offence alleged by the complainant against the
petitioner herein the above mentioned memo is
filed.
4) The complainant has agreed to close the
proceedings as mentioned against the
petitioner/accused no. 1, the petitioner and
complainant also agreed to give Up all their
claims in respect of said case as the dispute in
question is personal in nature. Further it is
submitted that since the dispute between the
petitioner and the complainant has been settled
amicably and the complainant has agreed not to
prosecute/contest the abovementioned case
against the petitioner and the complainant to
compound the said case instead of subjecting the
petitioner to face the current proceeding.
THEREFORE, the petitioner/accused and the
complainant humbly prays that, this Hon'ble Court
may kindly be pleased to allow the revision
petition as prayed for and grant permission to
compound the said offences and consequently
Acquit the Accused No.1/petitioner No.1, in the
interest of Justice."
4. In support of the joint memo, the petitioner-
accused No.1 has submitted his unconditional apology by
filing an affidavit. The contents of affidavit reads as under;
"AFFIDAVIT
I, Sri. Nagosa S/o Ramakrishnasa Bhandage,
Age: 75years, R/at: Kanyal Agasi, Betageri, Tq &
Dist: Gadag-582-102, today at dharwad. I do
hereby solemnly affirm and state on oath as
follows:
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HC-KAR
1) I, sincerely and unconditionally apologize to
Sri. Veeranna Chandrashekharayya Charantimath
for the statements I made on various dates,
which were published in various papers.
2) I, deeply regret making them and fully
recognize the harm they have caused to Sri.
Veeranna Chandrashekharayya Charantimath's
reputation and personal dignity.
3) I, take full responsibility for my words and
actions and I unreservedly withdraw them in their
entirety.
4) I, offer this apology without any conditions
and assure Sri.Veeranna Chandrashekharayya
Charantimath and the public that I will not repeat
such conduct in the future."
5. In both the joint memorandum and the
affidavit, the petitioner-accused has stated that, in order to
preserve cordial relations and maintain harmony in society,
they have resolved the dispute with the intervention of
well-wishers, friends, and relatives.
6. Upon considering the grounds presented in the
joint memo, as well as the unconditional apology submitted
by the petitioner-accused, and noting that the offense is
compoundable in nature, it is observed that the allegations
are defamatory and pertain to the parties involved, without
implicating the State. In light of the joint memo and
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affidavit submitted by the petitioner-accused, the joint
memo filed under Sections 359(5), (6), and (8) of the
Bharatiya Nagarik Suraksha Sanhita, 2023, is hereby
accepted.
Consequently, the judgment of conviction and order
of sentence dated 27.09.2010 passed by trial Court in
C.C.No.66/2001, which is confirmed by the First Appellate
Court in Crl.A.No.84/2010, dated 13.11.2018, is set-aside.
The offence punishable under Sections 501(b) and 502(b)
of the IPC are hereby compounded. Accordingly, the
criminal revision petition stands disposed of.
In view of the disposal of the criminal revision
petition, any pending applications, if any, no longer require
consideration and are hereby disposed of.
Sd/-
(VENKATESH NAIK T)
JUDGE
AM/-
CT-AN
