High Court Karnataka High Court

Narayanaswamy vs Venkatesh @ Venkateshappa on 23 February, 2010

Karnataka High Court
Narayanaswamy vs Venkatesh @ Venkateshappa on 23 February, 2010
Author: Jawad Rahim
IN THE HIGH COURT OF KARNATAKA AT 

DATEI) 'l'1iISTHE3 23% DAY OF FEBRUARY,_:?;'§i'1'0'v:-..f:   .

BEFORE  _  _
THI£HON'BLE MRJUSTICE ¢JAwAD«_RAH1MV'-"._  L"

CRIMINAL REVISION PETITioN::§o;'7/L2o'o9'   

BETWEEN :

Narayana swan 1 2 _v

S / 0 Late }{e:Lde11'a-xi:-111,

Aged about 51 ya-"tears,

Residing at Nc:n.239. V 1   . 
1st 'M' Block, 151' c:.:«()s;-;%w%%*  g  
Nagarabhavi 2""?  "   
Ballgalorc, 5  h 

... PETITIONER

._ «  '(1 5"y~s_fi;M'.'3fiash1dnar,Adv.)
AND: ' ' V .

1.

Ven};a§ es13. it-,€i= \/e’1:1l«::_iVtVe’:sh2’1ppa,
5 ‘~ ~45./0 .M__’1:~1;”J:_3’§’»”«1I’>~;%.3:.–1._ “”” H ‘V

Aged aboisi’ f5{T}”}{ea1″s.

2. EL*f1′.Sh_;’).’;ir1:::’i’1ff;11yV. v V
S/ 0 Vi-%11l<;a1<';*':';i_1::;'§

V Aged"'2<z}30,§n' f3-%l"'ye21;*s.

” ” Q’ I = :YG1a;§a1:7.l3’z::–,’.

‘ QS,/Q léx-fie M1.11’1i_va1ppa,
‘ _Aged– ‘».1.bouE. -45) years.

VT V. MuVni1T1;11’a:;;.1.i.2-111.

‘QS/O M1II’1E}’2L§’)1)2’1.

* Aged about 30 yca1’s.

All are x’e:..si{1i:1g___{ at
Jana1’i’:z’=1 (fiuicnxly.

Gidadhz”1§§m mt E:’1§’1E],11},F,
Srig’c11″1<'1;.:< i i '1 :1 1-«az-1v'c1I LI.
Ba1"1gz.1E1″:~.

W

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evidence on record and acquitted them. Against it;”—.ggthe

complainant is in revision as the State has declined tuodcontinuep

to any further action.

7 . Learned counsel would assertiyely..coi1tend,that;lactwsfs

trespass; and causing threat to extort money” is fu1lyh’eAstablished

by PWl and through testimony oifiothers ‘theivfgsame is
corroborated. The Trial COL’.l’.’tz’:1P\7ElE~i_VA terro_ivu_in«failinglltovv note the
inculpating aspect in the absence of
explanation by the c He vseelks reversal of the

judgment.

8. Ina:.supplemeiritation”to”What is urged, I have examined
the records. Itais” toVV’be””notic”ed’ that, in the report Ex.P1 the

complainant eementionsfiof the accused being the absolute owners

“of question who were granted land by the

GoVern’m__e.nt’;’dads mtliey belonged to Scheduled Caste and

‘ScheduId”e–d Tribe. and entitled to get the property purchased from

lie refers to acquisition of title by the accused on

24.4’.–ll ’31” and also admits they are in continuous possession.

it ‘fiowe–v:er, he contends that. the accused had executed General

of Attorney in his favour and in terms of the same he

V. executed a deed of sale on 5.5.2006. The reason for obtaining

General Power of Attorney is that, there was a bar for

registration of sale deed.

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9. The second stand is that he has constructed compound

wall to secure the property which the accused demolishedwith

an intention to extort Rs.6,00,000/~ from him. He H

in possession for two years but the averments in the CD:Ii’~1p.lC1iI)’1t,V

belie that statement.

10. Be that as it may, in the itself there

mention that the complainant ha.d”»paid llany’ .ainount”‘toll: the it

accused towards the value oyfthe property’/sale priceand even in

his evidence befo;rell§h-ep of obtaining
General Power which he executed the
sale deed Ramadevi. Nowhere he
claims to value of the property to be

entitled to _ownelr’shipi.Kionsedtiently it is to be noticed that, on

the complainaritl claims to have gone to the land in

asked the accused why they demolished the

l by i’»_.v.compou_nd wa.ll;liE3fi:t Manjunatha PW2 who was a witness to the

gives ta different version. According to him a shed on the

property”‘~*Nas demolished. There is no mention of compound

V” Accused have put a direct suggestion of PWi that the

yggaccused had obtained permission from the Panchayat and put

up a shed on the property. This suggestion though denied by

PW} is fully proved by evidence of PW2. Apart from it even if we

consider this evidence, in its totality it is a case of the

:§31’/

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complainant. going over to the land which the accused claim to

be their own. There is no dispute that the accused_”h,ad”,”not2

executed any sale deed in favour of the comp1ainant,__or.hi.:sVV

It is only the complainant who has exec-u’ted* -:,loc”urn_ents’.1ik:e=sale’;

deed by Virtue of alleged (Power) authority conferred ._

deed or General Power of Attorney–,:itself “ill the
accused have denied having executed’. any suchwdociurnents.
Therefore, the charge for v’A.:$er:tion 447 was
certainly not tenable,::As_ the offence is
punishable undei’ Vll?C,,f_’thgelcolmplainant himself
says that ac()use’d..wahtted’ towards the sale price
of the property.. demand was raised it goes
out of mischiefu of because Rs.6,00,000/– was

clgaimedyytfolwards Value: of the property and not illegal demand

termed. in law as eictortion. That charge also fails.

threat to the life of the complainant is

concerned, it is ‘ noticed that, the accused had not gone to the

‘rofiincyident or to the place of the complainant. It is the

pon1pl.ai’nar1t who had gone to the land of the accused, which

i l–ar1d”according to him was owned by them.

12. The Trial Court was right in considering all the
circumstances to record that the evidence falls short legal proof

to establish charges levelled against the accused. The acquittal

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of the accused by the Trial Court: is just and proper, neeéis no
interference.

In the circumstances revision is rejected.

aeAP/_