IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K. SOMASHEKAR CRIMINAL REVISION PETITION NO.921/2016 BETWEEN:
1. SANTHOSH KUMAR, SON OF VEERAIAH, AGED ABOUT 31 YEARS, OCCUPATION: GOVT. OFFICIAL, NON- GAZETTED, SECTION OFFICER, TYAVANAGI VILLAGE, RESIDING AT MUDAHADADI VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT- 577 004.
2. MARISIDDAPPA, SON OF RAMADASA, AGED ABOUT 43 YEARS, OCCUPATION: GOVT. OFFICIAL, NON- GAZETTED, LINEMAN, BESCOM, TYAVANAGI VILLAGE, RESIDING AT JALI NAGAR, 2ND MAIN, 1ST CROSS, DAVANAGERE, DAVANAGERE DISTRICT – 577 004.
3. N.R.MOHAN KUMAR, SON OF T.RUDRAPPA, AGED ABOUT 29 YEARS, OCCUPATION: GOVT. OFFICIAL, NON- GAZETTE, LINE MAN, BESCOM, TYAVANAGI VILLAGE, RESIDING AT TYAVANAGI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT – 577 213. ... PETITIONERS (BY SRI.P.PRASANNA KUMAR, ADVOCATE) AND:
STATE OF KARNATAKA, BY BASAVAPURA POLICE STATION, CHANNAGIRI CIRCLE, DAVANAGERE TOWN, DAVANAGERE DISTRICT. REPRESENTED BY S.P.P., HIGH COURT, BANGALORE – 560 001. ... RESPONDENT (BY SRI. THEJESH .P, HCGP) THIS CRL.R.P IS FILED U/S.397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 01.02.2016 PASSED BY THE I ADDL. DIST. AND S.J. AND SPL. JUDGE, DAVANAGERE IN SPL.C.(KPTCL) NO.31/2014 THEREBY REJECTING THE APPLICATION FILED BY THE PETITIONERS SEEKING DISCHARGE U/S 227 OF CR.P.C. IN SO FAR AS THE SAID ORDER RELATES TO THE PETITIONERS 1 TO 3 AND CONSEQUENTLY ALL THE APPLICATION FILED BY THE PETITIONERS BY DISCHARGING THEM.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The learned counsel for the petitioner and so also the learned High Court Govt.Pleader appearing for State.
2. In this petition, the Petitioners have challenged the order dated 1.2.2016 passed by the learned Ist Addl.
District and Sessions Judge and Special Judge Davangere in Spl. (KPTCL) No.31/2014 thereby rejecting the application filed by the petitioners seeking discharge under Section 227 of the code of Criminal Procedure 1973 and rejection of discharge application in so far as the said order relates to the petitioners 1 to 3. who have been charge sheeted for the offence punishable under Section 304A IPC and 135 of the Electricity Act, 2003 and Rule 44A of ;the Indian Electricity Rules 1956.
3. Subsequently the accused has faced the trial for the aforesaid offences. The trial court has rendered the judgment dated 28.7.2017 whereby the accused have been acquitted for the offences for which they were charged. The copy of the judgment is produced by the learned counsel for the petitioners for perusal of this Court. The same is placed on record.
4. Perused the judgment dated 28.07.2017 and this petition rejected as it does not survive for consideration.
*NM Sd/-
JUDGE