Karnataka High Court
S Anilkumar @ Ani @ Adiya vs State By S R Pattana Ps on 3 February, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2026:KHC:6265
CRL.RP No. 686 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 686 OF 2018
BETWEEN:
1. S. ANILKUMAR @ ANI @ ADIYA
S/O SANNANINGEGOWDA
OCC:AUTO DRIVER
R/AT SEETHAPURA VILLAGE
PANDAVAPURA TALUK
MANDYA DISTRICT - 571 434.
2. AJAY
S/O SWAMEGOWDA
OCC:AGRICULTURIST
R/AT YELEKERE VILLAGE
PANDAVAPURA TALUK
MANDYA DISTRICT - 571 434.
...PETITIONERS
(BY SRI T. PRAKASH, ADV.)
AND:
Digitally
signed by STATE BY S.R. PATTANA P.S.
NANDINI M S MANDYA DISTRICT
Location: REP BY SPP, HIGH COURT BUILDINGS
HIGH COURT
OF BENGALURU - 01.
KARNATAKA ...RESPONDENT
(BY SRI CHANNAPPA ERAPPA, HCGP)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT OF CONVICTION DATED 26.08.2016
PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C.,
PANDAVAPURA IN C.C.NO.74/2013 AND ALSO SET ASIDE THE
JUDGMENT DATED 12.04.2018 DISMISSAL ORDER PASSED BY THE
III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA
(SITTING AT SRIRANGAPATNA) IN CRL.A.NO.5013/2016 AND
CONSEQUENTLY TO ACQUIT THE PETITIONERS/ACCUSED PERSONS
FOR THE OFFENCE P/U/S 341,504,323 AND 353 R/W 34 OF IPC.
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NC: 2026:KHC:6265
CRL.RP No. 686 of 2018
HC-KAR
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused nos.1 & 2 have filed this criminal revision petition under Sections 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order dated 26.08.2016 passed in CC.No.74/2013 by the Court of Prl. Senior Civil Judge & JMFC, Pandavapura, and the judgment and order dated 12.04.2018 passed in Crl.A.No.5013/2016 by the Court of III Addl. District & Sessions Judge, Mandaya.
2. Heard the learned Counsel for the parties.
3. It is the case of the prosecution that on 10.04.2013 at about 10.30 a.m. within the limits of Srirangapatna Police Station, when accused no.1 were riding in the motor cycle bearing registration No.KA-11-Y-3812, the KSRTC bus bearing registration No.KA-11-F-0131 which was driven by CW-1 tried to overtake the motor bike in which the petitioners were riding and CW-1 allegedly blew the horn of the bus when the riders of the bike did not give him way to overtake the bike. Thereafter, -3- NC: 2026:KHC:6265 CRL.RP No. 686 of 2018 HC-KAR CW-1 overtook the motor bike and when the bus reached near Elekere hand post, the petitioners all of a sudden overtook the bus and intercepted the same. Thereafter, they picked up quarrel with CW-1 and after abusing him using filthy language, assaulted him with their hands and tore his uniform. Accused no.2 allegedly also kicked CW-1 and caused bleeding injures. CW-2 is the Conductor who was on duty in the aforesaid KSRTC bus on the alleged date of incident. Based on the first information received from CW-1, FIR was registered against the petitioners by Srirangapatna Police Station in Crime No.229/2013 for the aforesaid offences.
4. After completing investigation, charge sheet was filed against them for the aforesaid offences. Since petitioners had claimed to be tried before the Trial Court in CC.No.74/2013, the prosecution in order to prove its charges against the petitioners who were arrayed as accused nos.1 & 2 in CC.No.74/2013, had examined eight charge-sheet witnesses as PW-1 to PW-8 and got marked nine documents as Exs.P-1 to P-9. On behalf of the defence, no oral or documentary evidence was placed on record. The torn uniform shirt of PW-1 was produced and -4- NC: 2026:KHC:6265 CRL.RP No. 686 of 2018 HC-KAR marked as MO-1. The Trial Court after hearing the arguments addressed on both sides, convicted accused nos.1 & 2/petitioners herein for the offences punishable under Sections 341, 504, 323, 353 read with 34 IPC and were sentenced to undergo simple imprisonment for a period of one month and pay fine of Rs.500/- for the offence punishable under Section 341 read with 34 IPC. For the offence punishable under Section 504 IPC, the accused were sentenced to undergo simple imprisonment for a period of one year and pay fine of Rs.1,000/-. For the offence punishable under Section 323 IPC, the accused were sentenced to undergo simple imprisonment for a period of six months and pay fine of Rs.500/-. For the offence punishable under Section 353 IPC, the accused were sentenced to undergo simple imprisonment for a period of one year and pay fine of Rs.1,000/-. It was further ordered that if the accused persons failed to pay the fine amount, in default they shall undergo simple imprisonment for a period of two months. All the sentences were ordered to run concurrently.
5. The said judgment and order of conviction and sentence passed in CC.No.74/2013 was confirmed by the Court of III -5- NC: 2026:KHC:6265 CRL.RP No. 686 of 2018 HC-KAR Addl. District & Sessions Judge, Mandya, in Crl.A.No.5013/2016 vide judgment and order dated 12.04.2018. It is under these circumstances, accused nos.1 & 2 are before this Court.
6. The prosecution in order to prove its charges against accused nos.1 & 2 has, in all, examined eight charge-sheet witnesses as PW-1 to PW-8.
7. PW-1 is the driver of the KSRTC bus who is the injured witness in the present case and PW-2 is the Conductor who was on duty on the alleged date of incident. PW-1 & PW-2 have clearly stated during the course of their deposition about the manner in which the incident in question had taken place and they have also alleged that accused nos.1 & 2 after intercepting the KSRTC bus bearing registration No.KA-11-F-0131 quarrelled with PW-1 and also assaulted him causing blood oozing injuries. The evidence of PW-1 & PW-2 corroborates each other. The prosecution has placed on record the wound certificate of PW-1 as Ex.P-5 and the doctor who had treated PW-1 has been examined as PW-5. Ex.P-1 is the copy of the complaint submitted by PW-1 and Ex.P-2 is the spot mahazar. The torn uniform of PW-1 is produced and marked as MO-1. -6-
NC: 2026:KHC:6265 CRL.RP No. 686 of 2018 HC-KAR
8. PW-7 - M.K.Boraiah is the Sub-Inspector of Police who had registered the case and copy of the FIR is marked as Ex.P-7. PW-8 - B.G.Kumar is the Investigation Officer who has completed the investigation and has filed the charge sheet. He has spoken about receiving the duty certificate of PW-1 which is produced as Ex.P-8 and the log sheet as Ex.P-9.
9. Though the other witnesses who were examined by the prosecution have turned hostile to the case of the prosecution, the evidence of PW-1 & PW-2 coupled with the evidence of PW-5 - doctor and PW-7 & PW-8 who are the Police Officers, clearly makes out a case against the accused for the alleged offences for which they have been convicted and sentenced by the courts below.
10. The Trial Court and the Appellate Court having appreciated the oral and documentary evidence placed on record, have rightly convicted the petitioners for the charge- sheeted offences. I do not find any illegality or irregularity in the impugned judgment and order of conviction passed by the courts below against the petitioners.
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NC: 2026:KHC:6265 CRL.RP No. 686 of 2018 HC-KAR
11. So far as the order of sentence passed against the petitioners is concerned, the material on record would go to show that the petitioners were youngsters aged about 24 years and 23 years, respectively, as on the date of alleged incident. It is submitted by the learned Counsel for the petitioners that they are now married and are required to take care of their family members. The incident in question had taken place on 10.04.2013 and more than 12 years have lapsed thereafter. The injured was a total stranger to the petitioners and the alleged incident was the outcome of road rage. Undisputedly, petitioners have not used any weapon to assault PW-1 and the allegations against them is about assaulting PW-1 with their hands and legs. All the charge-sheeted offences are punishable with imprisonment or fine. Considering the nature of allegations and the period lapsed after the date of incident, I am of the opinion that at this stage, it may not be necessary to send the petitioners behind bars. Under the circumstances, I am of the opinion that if the order of sentence passed against the petitioners/accused nos.1 & 2 is modified by enhancing the fine -8- NC: 2026:KHC:6265 CRL.RP No. 686 of 2018 HC-KAR amount imposed by the Trial Court, the same would serve the ends of justice. Accordingly, the following order:
12. Criminal Revision Petition is allowed in part. The judgment and order of conviction passed by the courts below convicting the petitioners for the offences punishable under Sections 341, 504, 323, 523 read with 34 IPC, are confirmed.
The order of sentence passed against the petitioners for the charge-sheeted offences is modified and for the offence punishable under Section 341 read with 34 IPC, the petitioners shall pay fine of Rs.500/- each, and in default, to undergo simple imprisonment for a period of one week. For the offence punishable under Section 504 IPC, the petitioners shall pay fine of Rs.2,500/- each, and in default, to undergo simple imprisonment for a period of one month. For the offence punishable under Section 323 IPC, the petitioners shall pay fine of Rs.1,000/- each, and in default, to undergo simple imprisonment for a period of two weeks. For the offence punishable under Section 353 IPC, the petitioners shall pay fine of Rs.3,500/- each, and in default, to undergo simple imprisonment for a period of one month. If the petitioners have -9- NC: 2026:KHC:6265 CRL.RP No. 686 of 2018 HC-KAR already deposited the fine amount as ordered by the Trial Court, the balance fine amount shall be deposited by them within a period of four weeks from today.
Sd/-
(S VISHWAJITH SHETTY) JUDGE KK