Karnataka High Court
CRL.RP/522/2022 of SRI MOHAMMED ISMAIL Vs SRI T M CHIKKANNA on 8 July 2026
NC: 2026:KHC:34475 CRL.RP No. 522 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 522 OF 2022 BETWEEN: SRI. MOHAMMED ISMAIL, SON OF MOULANA SAB, AGED ABOUT 46 YEARS, OCCUPATION
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 522 OF 2022
BETWEEN:
SRI. MOHAMMED ISMAIL,
SON OF MOULANA SAB,
AGED ABOUT 46 YEARS,
OCCUPATION COOLIE
RESIDING AT 3RD MAIN
ROAD, VINOBHANAGAR,
BEHIND AMBEDAKR BHAVAN
TURUVEKERE TOWN,
TUMKURU DISTRICT – 572 302
…PETITIONER
(BY SRI. H.B. RAJU, ADVOCATE)
AND:
SRI. T.M. CHIKKANNA,
SON OF LATE MASTHAPPA,
AGED ABOUT 57 YEARS
RESIDING AT DEVEGOWDA
EXTENSION, TURUVEKERE TOWN
TUMAKURU DISTRICT – 572 302
…RESPONDENT
(BY SRI. MADHUSUDHAN M.N., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO 1. TO SET ASIDE THE IMPUGNED JUDGMENT DATED
21.12.2021 PASSED IN CRL. A NO. 10004/2019 ON THE FILE
OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, TIPTUR AS
Digitally signed
by DEVIKA M
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
ILLEGAL,
ARBITRARY,
DISCRIMINATORY
AND
WITHOUT
APPLICATION OF MIND AGAINST THIS PETITIONER AND ETC.
THIS
CRL.RP,
COMING
ON
FOR
HEARING
-
INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL ORDER
Learned counsel for the petitioner submits that petitioner is in custody and the matter is settled between the parties.
2. Learned counsel for the respondent also submits that matter is settled between the parties and only an amount of Rs.75,000 is lying before the Trial Court. Learned counsel for the petitioner has no objection to release the said amount in favour of the petitioner. Hence, the respondent is permitted to withdraw the amount.
3. Learned counsel appearing for the petitioner has filed I.A.No.3/2026 under Section 397 of Cr.P.C. and submit that the revision petitioner is in custody and he may be released. In view of the application and submission of learned counsel for the petitioner and also learned counsel for the
HC-KAR
respondent not disputes the fact that respondent is in custody and already he has received the entire amount in terms of settlement, except the amount in deposit, the revision petitioner is permitted to be released.
4. In view of submission of respective counsel, this revision petition is disposed of and nothing survives for consideration in this revision petition. The Registry is directed to communicate this order to the Jail Authorities, forthwith.
5. Learned counsel for the petitioner is directed to deposit the amount of Rs.5,000/- before the Trial Court within one week, if not already deposited, which shall vest with the State and produce the receipt for having paid the amount of Rs.5,000/- within two weeks in the registry. If the counsel fails to produce the receipt, list this matter before the Court on 31.07.2026.
6. In view of submission of learned counsel for the respondent that he has already received the entire amount, question of undergoing the sentence for a period of six months does not arise.
HC-KAR
Hand delivery of this order is permitted.
Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 14