State appeal under Section 378(1)(3) CrPC seeking leave to challenge acquittal of four accused for assault, restraint and intimidation offences. Court found witness exaggerations and no supporting CCTV or mahazar evidence; acquitted judgment deemed sound.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO. 356 OF 2022 (A)
BETWEEN:
THE STATE OF KARNATAKA REP, BY POLICE INSPECTOR N R PURA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.
…APPELLANT
(BY SMT. K.P. YASHODHA, HCGP)
Digitally signed by SWAPNA V Location: high court of karnataka
AND:
AGED ABOUT 46 YEARS, S/O MANJAPPAGOWDA AGRICULTURIST, R/AT ECHIKERE, N.R. PURA TALUK, CHIKKAMAGALURU DISTRICT - 577 101.
NC: 2024:KHC:38645 CRL.A No. 356 of 2022
…RESPONDENTS
THIS CRL.A IS FILED U/S.378(1)(3) CR.P.C PRAYING TO A) GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 04.09.2021 PASSED BY THE LEARNED CIVIL JUDGE AND J.M.F.C., NARASIMHARAJAPURA IN C.C.NO.114/2016, THEREBY ACQUITTING THE RESPONDENTS FOR THE ALLEGED OFFENCES P/U/S 323, 341, 504, 506 R/W 34 OF IPC AND ETC.,
THIS CRL.A, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL JUDGMENT
The State represented by the police Inspector of NR pura Police Station preferred this appeal impugning the judgment dated 04.09.2021 passed in CC No.114/2016 on the file of the learned Civil Judge and JMFC,at Narasimharajapura, acquitting the respondent/accused for the offence punishable under Section 323, 341, 504 and 506 R/w Section 34 of Indian Penal Code (for short 'IPC').
referred to as per their ranking and status before the Trial Court.
and they have pleaded not guilty for the charges leveled
against them. The prosecution examined PWs.1 to 6 got marked Exs.P.1 to 4 in support of its contention. The accused have denied all the incriminating materials available on record in their statement recorded under Section 313 of Cr.P.C but have not led any evidence in support of their defence. The trial Court after taking into consideration all these materials on record, came to the conclusion that the prosecution is not successful in proving the guilt of the accused. Accordingly, the accused were acquitted. Being aggrieved by the same, the State has preferred this appeal.
"Whether the impugned judgment of acquittal passed by the Trial Court suffers from perversity or illegality and calls for interference by this Court?"
My answer to the above point is in the 'negative' and pass the following:
REASONS
reference to such CC TV being installed at the scene of occurrence as per the spot mahazar-Ex.P.2.
NC: 2024:KHC:38645 CRL.A No. 356 of 2022
of opinion that there are no reasons to interfere with the impugned judgment of acquittal passed by the trial Court. Accordingly, I answer the above point in the negative and proceed to pass the following:
ORDER
The appeal is dismissed .
Sd/(M G UMA) JUDGE
BH List No.: 2 Sl No.: 26
1 issue framed by the court
Does the trial court's judgment of acquittal suffer from perversity or illegality warranting interference by this Court?
3 provisions across 2 enactments
The State of Karnataka represented by Police Inspector, N R Pura Police Station
Naveen Krishna
H.M. Manu
Megharaj
Kiran N.K.
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
