[Cites 1, Cited by 0]
Karnataka High Court
The State Of Karnataka vs Umesh on 16 February, 2026
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2026:KHC:9156-DB
CRL.A No. 232 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.232 OF 2025
BETWEEN:
1. THE STATE OF KARNATAKA
THROUGH THE RMC POLICE STATION,
BENGALURU
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU-560 001.
...APPELLANT
(BY SMT. RASHMI PATEL, HCGP)
AND:
Digitally signed
by DEVIKA M
1. UMESH
Location: HIGH
COURT OF S/O AMARNATH
KARNATAKA AGED ABOUT 45 YEARS
R/AT NO.14/152, GOWNJ
STREET UDAIPUR, WEST
BANGAL.
PRESENTLY R/AT NO.40
7TH CROSS, FISH MARKET
YESHWANTHPURA
BENGALURU-560 022.
...RESPONDENT
-2-
NC: 2026:KHC:9156-DB
CRL.A No. 232 of 2025
HC-KAR
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(1)(3) OF CR.PC (FILED U/S 419 BNSS) PRAYING TO SET
ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED
17.02.2024 PASSED BY THE LXXI ADDL. CITY CIVIL AND
SESSIONS JUDGE BENGALURU CITY IN S.C.NO.251/2022
ACQUITTING THE RESPONDENT - ACCUSED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 353, 332, 307,
354, 354(B), 323, 326 OF IPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
and
HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
1. The learned High Court Government Pleader
HCGP files memo along with report before the Court
saying that all efforts are made to serve the notice against
the accused/respondent and also made coordination with
DGP/IGP of West Bengal as directed by this Court, but
unable to serve the same, the same is taken on record.
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2. Having received the said report and this appeal
is filed against the acquittal. Though this matter is listed
for service of notice against the respondent and having
perused acquittal judgment of the Trial Court from
paragraph No.33, Trial Court taken note of evidence of
P.W.1 to P.W.4 who are police officials, some prime
injured witnesses, some who had sustained injuries at the
hands of the accused. It is the case of the prosecution that
first incident occurred at the flower market, Yeshwantpura,
Bengaluru and the second incident took place inside the
RMC Yard police station where the accused assaulted
P.W.1 and P.W.4 with knife and caused them bleeding
injuries. The Trial Court while acquitting the accused in
paragraph No.34 held that it is settled position of law that
if the evidence of injured witnesses is found to be credible
and trustworthy, the conviction can be based on without
seeking any corroboration to their evidence. However, the
evidence of P.W.1 to P.W.4 does not appears to be
consistent, credible and trustworthy and even extracted
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the admission on the part of P.W.1 and extracted the
evidence and also the contradictions of each of the police
witnesses P.W.1 to P.W.5 in paragraph No.35, 36, 37, 38,
and also in 39, material contradictions are also listed out
in paragraph No.40 and so also in paragraph No.41 that
even though P.W.8 admitted that uniform of C.W.1 clothes
are blood stained and the stone used in the assault and
the blood stains on the floor is not recovered by the
Investigating Officer.
3. The evidence of P.W.1 to P.W.4, P.W.5, P.W.7
and P.W.8 does not corroborate with each other and their
evidence does not inspires the confidence of the Court and
in detail discussed the same. Hence, considering the
material available on record, we do not find any ground to
admit this appeal against the order of acquittal by the Trial
Court and there is a clear lapses on the part of the
Investigating Officer who conducted the investigation and
that too when the allegation made against the police
officers that accused assaulted and in a case of assault
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against the police and invoked the offences against the
accused who is a sole accused that too incident was taken
place in public place as well as inside the police station,
invoking the offences 353, 332, 307, 354, 354(B), 323,
326 of Indian Penal Code, but it is ashame on the Police
Department that when the accused assaulted the police
officials, the very Investigating officer of Police
Department who conducted the investigation was unable
to seize all the incriminating articles during the course of
investigation and how this Court can expect the proper
adjudication by the Police in respect of the public victims
who have suffered at the hands of accused persons and
hopelessly investigated the matter when the allegation of
assault made against the police officials, no proper
investigation is conducted. Though DCP, North present
before the Court would submits that they have already
initiated the proceedings in non collecting of proper
address of the accused, but mere initiation of the
proceedings against the I.O who did not collect the
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address properly is not enough and there must be a result
in the said proceedings. At this juncture, the learned SPP-
II would submits that initiation of proceedings only not
collecting of the proper address of the accused and not in
respect of not conducting the investigation properly.
Hence, the DCP, North is directed to initiate the
appropriate proceedings against the I.O who has not
conducted the investigation in a proper manner in not
collecting incriminating material and submit the report in
respect of both within three months from today. If DCP,
North is not competent, then who is the competent officer
of the Police Department is directed to take action against
investigating officer who has not conducted the
investigation properly in the matter in collecting
incriminating material and this would be a classic example
of not properly conducting the investigation in the cases
by the Police Department and that too the victims are the
Police officials in the case on hand, but when they were
unable to give justice to their own people in a case of
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assault, it is nothing but an insult on the Department in
not conducting investigation properly and hence, Director
General and Inspector General of Police of the Head of the
Institution of Karnataka State is directed to organize the
training to the Police officials who are working in the State
for conducting proper investigation and this Court noticing
almost in all cases lapses on the part of the Investigating
Officers in conducting the investigation which resulted
acquittal in almost all the cases and the training must be
made periodically at least once in two months, to improve
the skills in investigation strategy and the victims family of
this State at least hope that they would get the justice
from the Police Department and hence, no grounds to
admit the appeal.
4. In view of the discussions made above, we pass
the following:
ORDER
i) The Criminal Appeal is disposed of.
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ii) The Registrar General is directed to
communicate this order to the Director General
and Inspector General of Police of Karnataka
State to take initiative in the State to improve
the investigation skill by the Police Department
by conducting training atleast once in two
months either State level or District level.
iii) The Director General and Inspector General of
Police is directed to submit the report within
four months for having taken initiative in the
matter and also to submit the report regarding
taking action against the I.O who has not
properly conducted the investigation in this
matter and so also with regard to non collection
of proper address of the accused.
iv) The Registrar General is also directed to
communicate this order to the Home Secretary
of the Home Department to take the initiative
to train the Investigating Officers and the same
is also the responsibility of the Principal
Secretary of the Home Department to organize
the training in co-ordination with the head of
the Police Department and Home Secretary of
the Home Department is also directed to submit
the report within four months from today for
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having taken initiative in the matter. The report
should be submitted to this Court on or before
08.06.2026.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
RHS
List No.: 1 Sl No.: 3
