Karnataka High Court
State Of Karnataka vs Janakamma on 4 March, 2025
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NC: 2025:KHC:9134-DB
CRL.A No. 583 of 2017
C/W CRL.A No. 1185 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
CRIMINAL APPEAL NO. 583 OF 2017
C/W
CRIMINAL APPEAL NO. 1185 OF 2017
In Crl.A No. 583/2017
Between:
Lakshmidevi,
D/o Venkatnaika,
Aged about 29 years
R/at Janupanahalli Thand,
Oordigere Hobli,
Tumkur-572 168.
Digitally signed ...Appellant
by VEERENDRA (By Sri M.Shashidhara, Advocate)
KUMAR K M
Location: HIGH And:
COURT OF
KARNATAKA 1. Janakamma
W/o Hanumanthanaika,
Aged about 40 years
R/at Janupanahalli Thand,
Oordigere Hobli,
Tumkur-572 168.
2. Hanumantharayappa
S/o Late Siddaiah,
Aged about 59 years
R/at Janupanahalli Thand,
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CRL.A No. 583 of 2017
C/W CRL.A No. 1185 of 2017
Oordigere Hobli,
Tumkur-572 168.
3. Narasimhanaika
S/o Choklanaika,
Aged about 40 years
R/at Janupanahalli Thand,
Oordigere Hobli,
Tumkur-572 168.
4. Rathnamma
W/o Narasimhanaika,
Aged about 38 years
R/at Janupanahalli Thand,
Oordigere Hobli,
Tumkur-572 168.
5. Sharadamma
W/o Ugranaika,
Aged about 33 years
R/at Janupanahalli Thand,
Oordigere Hobli,
Tumkur-572 168
6. Bhagyamma
W/o Hanumantharayappa,
Aged about 30 years
R/at Janupanahalli Thand,
Oordigere Hobli,
Tumkur-572 168.
7. Naveen
W/o Ugranaika,
Aged about 18 years
R/at Janupanahalli Thand,
Oordigere Hobli,
Tumkur-572 168.
8. Ugranaika
S/o Couklanaika,
Aged about 40 years
R/at Janupanahalli Thand,
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CRL.A No. 583 of 2017
C/W CRL.A No. 1185 of 2017
Oordigere Hobli,
Tumkur-572 168.
9. Kumar
S/o Maralaiah,
Aged about 45 years
R/at Janupanahalli Thand,
Oordigere Hobli,
Tumkur-572 168.
10. State of Karnataka
By Kyathsandra Police Station,
Represented by SPP
High Court Of Karnataka
Bengaluru-560 001.
...Respondents
(By Sri Bhojaraja, Advocate for R1 & R3 to R9;
vide order dated 30.08.2024, appeal against R2 stands Abated;
Smt. R.Soumya, HCGP for R10)
This Criminal Appeal is filed u/s. 372 Cr.P.C. praying to
set aside the aforesaid judgment and order dated 04.02.2017
passed by the Principal Sessions Judge, Tumkur in
S.C.No.145/2014 for the offence p/u/s 143, 147, 148, 323,
324, 341, 354, 307, 447, 504 r/w 149 of IPC and convict
respondents 1 to 9.
IN CRL.A NO. 1185/2017
Between:
State of Karnataka
By Kyatasandra Police,
Rep. by State Public Prosecutor,
High Court Building,
Bengaluru-560 001.
...Appellant
(By Smt. R.Soumya, HCGP)
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And:
1. Janakamma
W/o Hanumanthanaika,
Aged about 43 years
Occ: Labourer.
2. Hanumantharayappa
S/o Late Siddaiah,
Aged about 62 years
Occ: Labourer.
3. Narasimhanaika
S/o Choklanaika,
Aged about 43 years
Occ: Teacher.
4. Rathnamma
W/o Narasimhanaika,
Aged about 41 years
Occ: Housewife
5. Sharadamma
W/o Ugranaika,
Aged about 36 years
Occ: Housewife
6. Bhagyamma
W/o Hanumantharayappa,
Aged about 33 years
Occ: Employee in Private Firm.
7. Naveen
S/o Ugranaika,
Aged about 21 years
Occ: Student.
8. Ugranaika
S/o Couklanaika,
Aged about 43 years
Occ: Labourer
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CRL.A No. 583 of 2017
C/W CRL.A No. 1185 of 2017
9. Kumar
S/o Maralaiah,
Aged about 48 years
Occ: Contractor
All are R/at Janupanahalli Thanda,
Oordigere Hobli, Tumakuru.
...Respondents
(By Sri Bhojaraja, Advocate for R1 & R3 to R9;
vide order dated 30.08.2024, appeal against R2
stands abated)
This Criminal Appeal is filed u/s.378(1)&(3) Cr.P.C.
praying to grant leave to appeal against the judgment and
order of acquittal dated 04.02.2017 passed in
S.C.No.145/2014 by the Principal Sessions Judge,
Tumakuru thereby acquitting the accused/respondents for
the offences p/u/s 143, 147, 148, 323, 324, 341, 354, 307,
447 and 504 r/w/s 149 of IPC.
These Criminal Appeals, coming on for hearing, this day,
judgment was delivered therein as under:
CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
and
HON'BLE MRS JUSTICE K.S. HEMALEKHA
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CRL.A No. 583 of 2017
C/W CRL.A No. 1185 of 2017
ORAL JUDGMENT
(PER: HON’BLE MR JUSTICE SREENIVAS HARISH KUMAR)
These two appeals are disposed of by common
judgment. Crl.A.No.583/2017 is filed by the
defacto complainant and Crl.A.No.1185/2017 is
filed by the State. Both the appeals are directed
towards the acquittal judgment dated 04.02.2017
in S.C.No.145/2014 on the file of the Principal
District and Sessions Judge, Tumakuru. The
accused faced trial for the offences punishable
under Sections 143, 147, 148, 447, 341, 307, 354,
323 and 504 read with Section 149 of IPC in
connection with the incident said to have taken
place at 6.30am on 25.08.2012.
2. The prosecution case is that:
When PW5 was ploughing his 1 acre 24 guntas
of land in Sy.No.6 of Janupanahalli village,
Oordigere Hobli, Tumakuru Taluk, the accused
went to that place claiming that the land belonged
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CRL.A No. 583 of 2017
C/W CRL.A No. 1185 of 2017to them and altercated with PW5. When the
accused resorted to assault PW5, his daughter PW1
Lakshmidevi interfered for pacification of the
incident and at that time she too was assaulted.
In the said altercation PW2 was also injured. This
resulted in FIR being registered in Crime
No.273/2012. Investigation resulted in all the
accused being charge sheeted for the above
offences.
3. It is not necessary for us to assess the
evidence and examine the findings of the trial
court for the reason that a counter complaint was
also registered against PW5 and others in Crime
No.274/2012 with the same police station in
connection with the same incident. The Sessions
Court has observed that the counter case ought to
have been committed to the Sessions Court for
being tried along with the present case and failure
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to commit the same to the Sessions Court vitiated
the trial.
4. We have heard Sri M.Shashidhara,
learned counsel for the appellant, Sri Bhojaraja,
learned counsel for respondents/accused Nos.1 and
3 to 9 and Smt. R.Soumya, learned High Court
Government Pleader for respondent No.10/State.
5. Though Smt. Soumya R, learned High
Court Government Pleader takes us to the entire
evidence of the injured witnesses, she too does not
dispute a counter complaint being registered
against PW5 and others in relation to same
incident.
6. In view of the judgment of this court in
the case of State of Karnataka, by Circle
Inspector of Police Versus Hosakeri Ningappa
and Another 1 whenever there are two cases
emanating from the same incident, it is necessary
1
ILR 2012 KAR 509
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that they must be tried in the same court to avoid
conflicting judgments. This requirement is to find
out the aggressor in the altercation to take a
proper decision. The Sessions Court could have
directed the learned Magistrate to commit the
counter case to Sessions Court once it came to its
notice. But it was also not done. It is brought to
our notice that the counter case is still pending
before the Magistrate. In this view of the matter,
we are of the opinion that to take a proper
decision, it is necessary that these two cases must
be tried in one court i.e., Sessions Court at
Tumakuru. Therefore without expressing anything
on merits of the case, we think it proper to set-
aside the judgment and remand the same to the
trial court for trial of two by the same court. It is
made clear that it is not necessary to hold a
denovo trial in the present case and after
committal of the counter case by the Magistrate,
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evidence of the witnesses may be recorded in that
case. Now the following:
ORDER
Both the appeals are allowed.
Judgment of acquittal dated
04.02.2017, passed in S.C.No.145/2014 by
the Principal District and Sessions Judge,
Tumakuru is set-aside.
The case is remanded to the Sessions
Court, Tumakuru, which shall direct the
learned Magistrate concerned to transmit
the records in C.C.No.2491/2013
(Kyathsandra Police Station V. Venkata
Naik and others) to it for trial of two cases
together.
Since it is brought to our notice that
the counter case is posted to 09.04.2025,
the accused persons in both the cases
shall appear before the Sessions Court,
Tumakuru on 09.04.2025, by which time
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the Sessions Court, Tumakuru shall secure
the records in the counter case.
Transmit the records of this case
along with a copy of this judgment
forthwith to the Session Court. Tumakuru.
Sd/-
(SREENIVAS HARISH KUMAR)
JUDGE
Sd/-
(K.S. HEMALEKHA)
JUDGE
KMV
List No.: 1 Sl No.: 7