GOVINDAPPA vs THIMMARAYAPPA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:60319
CRL.A No. 2055 of 2016


CNR: KAHC010493632016




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 29 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA

CRIMINAL APPEAL NO. 2055 OF 2016 (A)

BETWEEN:

1. GOVINDAPPA
S/O PILLAPPA
AGED ABOUT 55 YEARS,
R/A ALAMBADI VILLAG,E
LAKKUR HOBLI, MALUR TALUK-563130.
…APPELLANT






(BY SRI. VARADARAJAN M S.,ADVOCATE)

AND:

1. THIMMARAYAPPA
S/O GANGAPPA,
AGED ABOUT 57 YEARS,
R/A ANCHE MUSKUR VILLAGE,
CHIKKATHIRUPATHI POST,
MALUR TALUK.
…RESPONDENT





Digitally signed by
LAKSHMINARAYAN N
Location: High Court
of Karnataka

(BY SRI. M B CHANDRACHOODA .,ADVOCATE)
CRL.A. FILED U/S.378(4) CR.P.C BY THE ADV. FOR THE
APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO SET ASIDE THE JUDGMENT DATED 5.11.2016
PASSED BY THE II ADDL. C.J. AND J.M.F.C., MALUR IN
C.C.NO.399/2009 - ACQUITTING THE RESPONDENT/ACCUSED
FOR THE OFFENCE P/U/S 504 AND 506 OF IPC.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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HC-KAR
NC: 2026:KHC:60319
CRL.A No. 2055 of 2016


CNR: KAHC010493632016




ORAL JUDGMENT

Appellant/complainant has preferred this appeal
against the judgment of acquittal passed by the II
Additional Civil Judge and JMFC at Malur in CC No.399 of
2009 dated 05.11.2016.
2. Brief facts leading to this appeal are that the
complainant filed complaint under Section 200 of CrPC and
the same came to be registered in PCR No.146 of 2009.
After issuance of summons, cognizance was taken and the
case was registered in CC No.399 of 2009 for offence
punishable under Section 504 and 506(b) of Indian Penal
Code. It is alleged by the complainant that on 02.09.2009
at 8.00 pm, when the complainant was waiting for a bus at
Chikkatirupati Bus Stand, at that time, accused holding
sickle, followed him and scolded him in filthy language and
threatened his life and thus committed the alleged offence.
3. The trial Court framed charges and the same was
read over and explain to the accused. Accuse pleaded not

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HC-KAR
NC: 2026:KHC:60319
CRL.A No. 2055 of 2016


CNR: KAHC010493632016



guilty and claimed to be tried. To prove the guilt of the
accused, complainant has examined two witnesses as
PWs1 and 2 and produced 5 documents as Exhibits P1 to
P5. On closure of complainant side evidence, statement
and Section 313 of CRPC was recorded. Accused has
totally denied the evidence of PWs1 and 2, however, he
did not choose to lead any defence evidence on his behalf.
The trial Court has not provided an opportunity to the both
the parties and rejected the prayer of the complainant and
passed the judgment on the same day i.e. on 5.11.2016
by acquitting the accused. Being aggrieved by the
judgment of acquittal, applicant has preferred this appeal.
4. Sri Varadarajan M.S., learned Counsel appearing
for the appellant would submit that the trial Court has not
provided an opportunity to submit the arguments on
behalf of the complainant. Hence, he sought for remanding
the case to the trial Court to provide opportunity to the
complainant to submit his arguments and accordingly
sought to allow the appeal.

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HC-KAR
NC: 2026:KHC:60319
CRL.A No. 2055 of 2016


CNR: KAHC010493632016



5. As against this, Sri M.B. Chandrachooda, learned
counsel appearing for the respondent submits that there is
no evidence to prove the guilt of the accused. Since there
is a civil dispute between the parties, false complaint was
filed against the accused and accordingly, sought for
dismissal of appeal.
6. Having heard the arguments on both sides and on
perusal of materials place before this court, the following
points would arise for my consideration:
1. Whether the complainant/appellant has
made out ground to remand the case to the
trial court to provide opportunity to him to
submit his arguments?
2. What order?
7. My answer to the above points are:
Point No.1: in the affirmative;
Point No.2: as per final order.

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NC: 2026:KHC:60319
CRL.A No. 2055 of 2016


CNR: KAHC010493632016



Regarding Point No.1:
8. I have examined the materials placed before the
court. The complainant has filed complaint under section
200 of CrPC against the accused for the offence punishable
under Section 307 and 506 of IPC and the same came to
be registered as PCR No.146 of 2009. After recording the
sworn statement of the appellant, the trial Court has taken
cognizance against the accused for the offence punishable
and under Section 504 and 506(b) of the Indian Penal
Code. Summons were issued to the accused. Accused did
not appear before the Court and hence, NBW was issued.
Then accused appeared before the court and was enlarged
on bail. The trial Court has taken cognizance for the
offence under Section 504 and 504(b) of IPC, the trial
Court has not recorded the evidence before charge as
required under Section 244 of CrPC. However, the trial
court has framed charges for the offence under Sections
504 and 506 of Indian Penal Code. The trial Court has not
framed charge for the offence under Section 506(b) of

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CRL.A No. 2055 of 2016


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IPC. The alleged offence under Section 506 of IPC is
punishable with only two years imprisonment or fine or
both.
9. The trial Court has recorded the evidence of PWs1
and 2 and posted the case for statement under Section
313 of CrPC on 5.11.2016. On that day, the trial Court
has recorded the statement under Section 313 of CrPC and
on the same day. The trial Court has pronounced the
judgment without providing an opportunity to both the
parties, despite the complainant Counsel seeking time to
submit his arguments. The trial Court has not provided
opportunity to the complaint to submit his arguments on
merits of the case and has violated the principles of
natural justice and passed the impugned judgment of
acquittal. Hence, I answer Point No.1 in the affirmative.
Regading Point No.2:
For the reasons aforestated, I proceed to pass the
following:

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HC-KAR
NC: 2026:KHC:60319
CRL.A No. 2055 of 2016


CNR: KAHC010493632016



O R D E R
i. Appeal is allowed;
ii. The judgment of acquittal dated
05.11.2016 passed in CC No.399 of 2009
by the II Additional Civil Judge and JMFC,
Malur, is set aside;
iii. The case is remitted to the II Additional
Civil Judge and JMFC Malur with a direction
to provide opportunity to the complainant
to submit his arguments. The trial Court is
also directed to provide an opportunity to
the accused to submit his arguments.
Thereafter, the trial court shall proceed with
a case in accordance with law;
iv. Both the parties are directed to appear
before the II Additional Civil Judge and
JMFC, Malur on 30.11.2026 , without
waiting for any notice in this regard;

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NC: 2026:KHC:60319
CRL.A No. 2055 of 2016


CNR: KAHC010493632016



v. The trial Court is directed to dispose of the
case within three months from the date of
appearance of the parties.
Registry is directed to send the TCR along with the
copy of this judgment to the concerned court.

Sd/-
(G BASAVARAJA)
JUDGE





















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