NARASIMHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and party-in- person respondent No.2.

(2.) This revision petition is filed by the accused praying this Court to set aside the order of conviction and sentence passed in C.C.No.26147/2016 on the file of XXIV Additional Chief Metropolitan Magistrate dtd. 6/8/2021 and judgment of confirmation passed in Crl.A.No.543/2021 dtd. 5/11/2024 on the file of LXVII Additional City Civil and Sessions Judge, Bengaluru City and pass an order of acquittal and grant such other relief.

(3.) The factual matrix of case of the prosecution is that the accused had entered into a sale agreement with one Smt. Sharada in respect of Site No.25, carved out of Survey No.138, 80 Feet Road, Mathikere, Bengaluru. Subsequently, the accused has filed the suit in O.S.No.4483/2005 and obtained an exparte decree. It is also the case of the complainant/prosecution that on 13/6/2016 at about 11.30 a.m., the accused came along with C.W.7 to the site of C.W.1/complainant bearing No.24A, which consisted of building, took possession of the same by suppressing the real fact that he has obtained decree in respect of Site No.25 with an intention to cause unlawful loss to the C.W.1/Complainant. Thereby, the accused has committed the offence punishable under Sec. 177 , 182 and 420 IPC.