The State of Karnataka v. Sri. Shivakumar
Case brief
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NC: 2026:KHC:26655-DB CRL.A No. 2284 of 2025…
NC: 2026:KHC:26655-DB CRL.A No. 2284 of 2025…
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NC: 2026:KHC:26655-DB CRL.A No. 2284 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2284 OF 2025 (A)
BETWEEN:
THE STATE OF KARNATAKA BY GUNDLUPET TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
…APPELLANT
(BY SMT. N. ANITHA GIRISH, HCGP)
AND:
Digitally signed by LAKSHMI T Location: High Court of Karnataka
SRI. SHIVAKUMAR S/O LATE NAGEGOWDA @ BELLAPPA, 41 YEARS, RESIDING AT: NO.22ND WARD, HOSURU VILLAGE, GUNDLUPET TOWN-571 111.
…RESPONDENT
(RESPONDENT SERVED & UNREPRESENTED)
THIS CRL.A. IS FILED U/S.378(1) AND (3) CR.P.C. (FILED U/S 419 (1 AND 3) OF BNSS, 2023), PRAYING TO: (A) GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 05.10.2024 PASSED IN S.C.NO.169/2023 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS
HC-KAR
JUDGE, CHAMARAJANAGARA ACQUITTING THE APPELLANT FOR THE CHARGED OFFENCES; (B) SET-ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 05.10.2024 PASSED IN S.C.NO.169/2023 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA, BY ALLOWING THIS CRIMINAL APPEAL; AND (C) CONVICT AND SENTENCE THE APPELLANT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 324, 354(B), 504, 506 AND 307 OF IPC IN ACCORDANCE WITH LAW.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)
This appeal is preferred by the State against the judgment dated 05.10.2024 passed by the Court of Principal District and Sessions Judge, Chamarajanagar in S.C.No.169/2023, acquitting the accused/respondent of the offences punishable under Section 324, 307, 354(B), 504 and 506 of IPC.
NC: 2026:KHC:26655-DB CRL.A No. 2284 of 2025
HC-KAR
appeal. I.A.No.1/2026 is filed to condone the delay.
account of previous enmity, on 10.01.2021 at about 4.00 p.m., the accused having consumed alcohol, started abusing the complainant in filthy language and quarrelled with her. When she questioned him as to why he is defecating and urinating in the surrounding area, with an intention to kill her, he assaulted on her head with a sickle. When her daughter Jayalakshmi tried to rescue her, he pulled her saree and assaulted on her head with a brick piece and threatened both of them with dire consequences.
NC: 2026:KHC:26655-DB CRL.A No. 2284 of 2025
HC-KAR
examined 12 witnesses and got marked 19 documents and 6 material objects to establish its case.
oral and documentary evidence on record, vide impugned judgment acquitted the accused, which is under challenge by the State.
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of acquittal passed by the trial Court is without appreciating the said material evidence adduced by the prosecution.
10.01.2021 at about 4.00 p.m. It is the case of prosecution that the accused, on account of previous enmity, quarrelled with the complainant and her daughter, abused them in filthy language and assaulted the complainant with a sickle on her head and also her daughter with a brick piece and caused injuries to them.
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injured have sustained simple injuries. It has come in the evidence that the accused is the neighbour of the complainant and there was previous enmity. It is alleged that the accused used to consume alcohol and urinate in the surrounding area. In view of the said enmity, it is necessary to evaluate the evidence of the injured and see as to whether there is any corroborative evidence.
HC-KAR
HC-KAR
against him beyond reasonable doubt. We do not find any good grounds to interfere with the judgment of acquittal
passed by the trial Court.
Appeal is dismissed. Consequently, I.A. is
dismissed.
Sd/(MOHAMMAD NAWAZ) JUDGE
Sd/(G BASAVARAJA) JUDGE
HB
List No.: 1 Sl No.: 7
THE STATE OF KARNATAKA
SHIVAKUMAR
MOHAMMAD NAWAZ
G BASAVARAJA
As recorded by the court registry
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