Karnataka High Court
G Suresh vs The State Through on 25 June, 2025
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CRL.A No. 1204 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO. 1204 OF 2013 (C)
BETWEEN:
G. SURESH
S/O GIDDAIAH,
AGED ABOUT 26 YEARS,
OCCU: AGRICULTURE AND FACTORY
WORKER, R/O MARENAHATTI,
HEBBUR HOBLI, TUMKUR TALUK
...APPELLANT
(BY SRI. DHIRAJ A.K., ADVOCATE)
AND:
THE STATE THROUGH
HEBBUR POLICE STATION
...RESPONDENT
(BY SRI. B.P. GANGADHARA, ADVOCATE
FOR ORIGINAL COMPLAINANT)
Digitally
signed by
SWAPNA V
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
Location: High
Court of ASIDE THE ORDER DATED 19.11.2013 PASSED BY THE P.O., F.T.C.,
Karnataka
TUMKUR IN S.C.NO.84/2011 - CONVICTING THE
APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 376 AND 417 OF IPC.
THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR 7
YEARS AND PAY FINE OF RS.50,000/-, IN DEFAULT TO PAY FINE, HE
SHALL UNDERGO S.I. FOR 1 YEAR FOR THE OFFENCE P/U/S 376 OF
IPC. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I.
FOR 1 YEAR FOR THE OFFENCE P/U/S 417 OF IPC. BOTH THE
SENTENCES OF IMPRISONMENT ARE ORDERED TO RUN
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CRL.A No. 1204 of 2013
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CONCURRENTLY. THE APPELLANT/ACCUSED PRAYS THAT HE BE
ACQUITTED.
THIS CRL.A., COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL JUDGMENT
Learned counsel for the complainant has filed the
application-I.A.No.1/2025 under Section 391 read with Section
482 of Cr.PC. The informant-PW.1 has filed her affidavit in
support of the application seeking to set aside the judgment of
conviction and order of sentence passed by the Trial Court
against the appellant. The affidavit accompanying the
application reads as under:
AFFIDAVIT
"I, Veena C W/o G Suresh, Age 32 years, Occu:
household and Agriculture, R/o Maranahatti Halanuru
Post Hebbur Hobli, Tumakur Taluk now at Bengaluru, do
hereby solemnly affirm and state on oath as follows:-
1. I state that, I am the prosecutrix/PW.1/wife of the
appellant. Hence I state the following facts on behalf of
the appellant.
2. I state that, being aggrieved by the judgment and
order dated: 19-11-2013 passed in S.C. No.84/2011 by
the learned Presiding Officer, Fast Track Court, Tumkur,
whereby convicting the appellant for the offence
punishable under Sec. 376 IPC and sentencing him to
undergo R.I for seven years and to pay a fine of
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Rs.50,000/-, in default, to undergo S.I. for one year,
with a further conviction for an offence punishable under
Sec. 417 IPC, sentencing the appellant to undergo R.I
for one year, appellant has filed this appeal.
3. I state that I filed the complaint that during my stay
at my sister Smt. Marakka's house, Appellant being
brother of my brother-in-law Sri.Shivanna promised to
marry me and had sexual intercourse. Since, he had
refused to marry me, I had given complaint to Hebbur
Police.
4. I state that post conviction and after this Court
having suspended the sentence in this appeal, appellant
married me on 18.08.2017 at Shoolada
Hanumantharaya Temple, Honudika hand-post, Tumkur
District in the presence of the elders of both the
families. After marriage both of us are living together
happily for nearly 8 years and in the said marriage, we
have been blessed with a girl child Kumari Chinamayi
Son 28.03.2019.
5. I state that our daughter is now aged six years.
Hence I may be permitted to produce the following
documents
(i) marriage photo
(ii) Child's birth certificate
(iii) Aadaar card of appellant and original complainant
(iv) Ration Card
6. I state that in-view of our marriage, further
prosecution of appellant will not serve any useful
purpose but would be to our peril, exposing myself and
my daughter to penury. I do not wish to continue
prosecution of appellant.
7. Wherefore it is most humbly prayed that this
Hon'ble Court maybe pleased to permit the original
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complainant to produce the additional documents,
consider them and allow the appeal, setting aside the
judgment and order of conviction and sentence of
appellant for offences punishable U/s 376 and 417 IPC
dated: 19-11-2013 passed in S.C. No.84/2011 by the
learned Presiding Officer, Fast Track Court, Tumkur and
acquit him in the interest of justice."
2. The appellant and the complainant are present and
they are identified by their respective counsel. On enquiry, the
informant has specifically stated that she has married the
appellant in the year 2017 and they have begotten a female
child, now aged about 6 years. She admitted the contents of
affidavit and submits that she has no objection to acquit the
appellant by allowing the appeal.
3. The appellant-accused also concedes the contents of
the affidavit that he had married the informant-victim during
2017 and they have begotten a female child, now aged 6 years.
He undertakes to look after his wife and the daughter well
without giving any room for matrimonial dispute.
4. The appellant was convicted for the offence punishable
under Sections 376 and 417 of IPC and the offence was
committed during 2011. Since the complainant herself has
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filed the application seeking to allow the appeal by setting aside
the impugned judgment of conviction and order of sentence, for
the reasons high lighted above, there is no impediment for this
Court to allow the appeal.
5. In view of the subsequent development, I am of the
opinion that, the appellant may be acquitted by allowing the
appeal. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed.
ii. The impugned judgment of conviction and order
of sentence dated 19.11.2013 passed in S.C.
No.84/2011 by the learned Presiding Officer,
Fast Track Court, Tumkur, is hereby set aside.
iii. Consequently, the accused is acquitted for the
offences punishable under Sections 376 and 417
of IPC.
iv. His bail bond and that of his sureties shall stands
cancelled.
v. Fine amount deposited, if any, is ordered to be
refunded to the accused.
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Registry to send back the original records along with copy
of this judgment to the Trial Court, for information and
necessary action.
Sd/-
(M G UMA)
JUDGE
MKM
