Karnataka High Court Vaddara Hallesh S/O Parasappa vs The State Of Karnataka on 27 May, 2020 1 R DATED THIS THE 27TH DAY OF MAY, 2020 BEFORE THE HON'BLE MR. JUSTICE H.P. SANDESH CRIMINAL REVISION PETITION No.2216/2011 C/W CRIMINAL REVISION PETITION Nos.2218/2011 C/W CRIMINAL REVISION PETITION No.2221/2011 IN CRIMINAL REVISION PETITION No.2216/2011: BETWEEN: MANJUNATH @ HEMANTH @ HOSPETE HEMANTH S/O. HANUMANTHAPPA AGED ABOUT 25 YEARS OCC: AGRICULTURIST R/O. KARADI AYYANAHALLI TALUK: HARAPANAHALLI DISTRICT: DAVANAGERE ... PETITIONER (BY SRI. T. HANUMAREDDY, ADVOCATE) AND: THE STATE BY POLICE SUB INSPECTOR HIRE HADAGALI POLICE STATION HIRE HADAGALI TALUK: HUVINA HADAGALI DISTRICT: BELLARY REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA CIRCUIT BENCH OF DHARWAD ... RESPONDENT (BY SRI. PRAVEEN K. UPPAR, HIGH COURT GOVERNMENT PLEADER) 2 THIS CRIMINAL REVISION PETTION IS FILED UNDER SECTION 397 READ WITH SECTION 401 CR.P.C. SEEKING TO SET ASIDE THE ORDER OF CONVICION AND SENTENCE PASSED IN C.C.NO.482/2008 DATED 10.06.2010 ON THE FILE OF THE CIVIL JUDGE (JR. DN.) AND JMFC, HUVINA HADAGALI AND IN CRL.A.NO.58/2010 DATED 07.07.2011 ON THE FILE OF THE FTCIII, HOSPET. IN CRIMINAL REVISION PETITION No.2218/2011: BETWEEN: VADDARA HALLESH S/O. PARASAPPA AGED 29 YEARS R/O. AGASARA VILLAGE TALUK: HARAPANHALLI UKKERI DISTRICT: HOSPET ... PETITIONER (BY SRI. NEELENDRA D GUNDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY HIRE HADAGALI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DHARWAD1 ... RESPONDENT (BY SRI. PRAVEEN K. UPPAR, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL REVISION PETTION IS FILED UNDER SECTION 397 READ WITH SECTION 401 CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICION AND SENTENCE DATED 07.07.2011 PASSED BY THE FAST TRACK COURTIII, HOSPET IN CRIMINAL APPEAL No.59/2011, THEREBY DISMISSING THE APPEAL FILED BY THE PETITIONER AND CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION OF THE PETITIONER PASSED BY THE CIVIL JUDGE (JR. DN.) AND JMFC, HUVINA HADAGALI AND IN C.C.NO.482/2008 DATED 10.06.2010 THEREBY CONVICTING THE PETITIONER FOR OFFENCE PUNISHABLE UNDER SECTION 420 READ WITH SECTION 34 OF IPC AND SENTENCING HIM TO UNDERGO R.I. 3 FOR THE PERIOD OF THREE YEARS AND IMPOSING THE FINE OF RS.5,000/ WITH DEFAULT CLAUSE. IN CRIMINAL REVISION PETITION No.2221/2011: BETWEEN: KORACHARA RAVI @ RAVIGYA S/O. RAMAPPA AGED 30 YEARS R/O. AGRAHARA VILLAGE HARAPANAHALLI TALUK DAVANAGERE DISTRICT ... PETITIONER (BY SRI. RAVI B. NAIK, SENIOR COUNSEL FOR SRI. J. BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA CIRCUIT BENCH DHARWAD ... RESPONDENT (BY SRI. PRAVEEN K. UPPAR, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL REVISION PETTION IS FILED UNDER SECTION 397 READ WITH SECTION 401 CR.P.C. SEEKING TO SET ASIDE THE ORDER PASSED BY PRESIDING OFFICER, FAST TRACK COURTIII, HOSPET IN CRL.A.NO.59/2010 DATED 07.07.2011 AND THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE CIVIL JUDGE (JR. DN.) AND JMFC, HUVINAHADAGALI IN C.C.NO.843/2009 DATED 10.06.2010. THESE CRIMINAL REVISION PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 09.03.2020, THIS DAY THROUGH VIDEO CONFERENCE AT BENGALURU, THE COURT PRONOUNCED THE FOLLOWING: 4 ORDER These criminal revision petitions are filed under Section 397 read with Section 401 of Cr.P.C., by accused Nos.1 to 3 respectively, challenging the common judgment of conviction dated 10.6.2010 passed in C.C.Nos.482/2008 and 843/2009, on the file of the Civil Judge (Jr.Dn.) and JMFC, Huvina Hadagali, convicting the revision petitioners for the offences punishable under Section 420 read with Section 34 of IPC and sentencing the petitioners to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/ each and in default of payment of fine to undergo rigorous imprisonment for another six months and also questioning the confirmation of conviction and sentence in Crl.A.Nos.58/2010 and 59/2010 passed on 7.7.2011 on the file of the Fast Track Court III at Hospet. 2. The factual matrix of the case of the prosecution is that on 10.3.2008 at about 10.30 p.m., the accused persons/revision petitioners herein along with other accused persons in furtherance of their common