SOMASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.

(2.) This revision petition is filed praying this Court to set aside the impugned judgment and order of sentence dtd. 9/6/2014 passed in C.C.No.135/2013 on the file of the Civil Judge and J.M.F.C., Bagepalli and judgment dtd. 31/12/2016 in Crl.A.No.37/2014 on the file of I Additional District and Sessions Judge, Chikkaballapur in confirming the judgment of conviction and sentence.

(3.) The factual matrix of the case of the prosecution before the Trial Court is that on 9/4/2012, P.W.1-Sadappa filed the complaint which is marked as Ex.P1. In the said complaint at Ex.P1, an allegation is made that on 7/4/2012 at about 8.30 p.m., P.W.1-Sadappa, Assistant Sub-Inspector of Police, Pathapalya Police Station received a credible information that there was galata in front of house of Krishna at Hosahudya Village. P.W.1-Sadappa, P.W.8-Suresh, P.W.11-Jayaram and P.W.13-Seetharam Singh went to the said village. The galata had taken place between two groups near Lakshmi Narayana Temple. When they were pacifying the groups, P.W.11 Srinivasa Murthy, Circle Inspector of Police, P.W.10 Venkatachalapathi, Sub-Inspector of Police of Cheluru Police Station and their staff came to the scene of offence. All of them, pacified and controlled the situation. P.W.17 arrested the petitioner and one Venkatesh, who was in the house of Krishnappa. He handed over the petitioner and Venkatesh to P.W.1-Sadappa to take them to Pathapalya Police Station. Accordingly, P.W.1-Sadappa brought them to Pathapalya Police Station. All of them got down from the jeep and this petitioner pulled P.W.1-Sadappa and escaped from the custody. P.W.7-M.Raju, P.W.3-Natesh and P.W.10-Nagaraj were sent to trace the petitioner, but the same went in vain. Inspite of search, the petitioner was not traced. Therefore, on 9/4/2012 at about 7.30 p.m., P.W.1-Sadappa lodged complaint and based on the complaint, the police have registered Crime No.12/2012 for the offence punishable under Sec. 224 of IPC.