KITTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed assailing the judgment of conviction and sentence passed in Crl. A. No. 21/2011 dated 25.11.2013 by District and Sessions Judge, Bagalkot and also in C.C. No. 845/2010 dated 10.01.2011 by the Prl. Civil Judge and J.M.F.C., Bagalkot.

(2.) Briefly stated, a case was registered against the petitioner in Crime No. 95/2010 by respondent Police for the offence punishable under Sec. 78(3) of the Karnataka Police Act (hereinafter referred to 'the Act'). After investigation, charge sheet was filed for the same offence. After a full -fledged trial, he was found guilty and was sentenced to undergo imprisonment for a period of three months and to pay fine of Rs. 300/ -, in default to pay the fine amount to undergo simple imprisonment for 15 days. The appeal filed by him before the District and Sessions Judge went in vain.

(3.) Learned counsel for the petitioner submits that the very filing of the charge sheet against the petitioner was vitiated for procedural irregularity. The offence under Sec. 78(3) of the Act, being non -cognizable in nature, without prior permission of the jurisdictional Magistrate, the Investigating Officer could not have proceeded with investigation. In that view of the matter, charge sheet filed against him is liable to be quashed. That part, both panch witnesses turned hostile to the prosecution case thereby the seizure of Rs. 885/ - was not proved. The appreciation of evidence by the trial Court was arbitrary and erroneous. None of the witnesses from the locality were examined though it was alleged that the offence had taken place in a commercial area. The material on record was insufficient to convict the accused.