The High Court
Case Details
- 1 - NC: 2025:KHC:22291-DB CRL.A No.1203/2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MRS JUSTICE P SREE SUDHA CRIMINAL APPEAL No.1203/2025 (C) BETWEEN: 1. MR.AZMATULLA KHAN AGED ABOUT 44 YEARS S/O REHMATHULLA R/AT HOUSE NO. 594 5TH CROSS, BASAVANAGAR K.J.HALLI, BANGALORE – 560 045 2. MR YASIN ALIAS MOHAMMED AGED ABOUT 33 YEARS S/O HAFEEZ MOHAMMED GOUZ R/AT HOUSE NO. 594, 5TH CROSS BASAVANAGAR, K.J.HALLI BANGALORE 560 045 3. MR SYED MUNNA ALIAS KALA MUNNA ALIAS MUNNA AGED ABOUT 44 YEARS S/O LATE SYED SARDAR R/AT HANAFIA MASJEED ROAD KUSHALNAGAR K.J.HALLI, BANGALORE – 560 045 4. MR MOHAMMED ATIF ALIAS ATTU
Legal Reasoning
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka AGED ABOUT 33 YEARS S/O MOHAMMED GOUSE R/AT NO. 594, 5TH CROSS BASAVANAGAR, K.J.HALLI BANGALORE – 560 045 …APPELLANTS
Legal Reasoning
(BY SRI P.P.HEGDE, SENIOR COUNSEL FOR SMT. SANGEETA.B. ADVOCATE) - 2 - NC: 2025:KHC:22291-DB CRL.A No.1203/2025 HC-KAR AND: THE STATE OF KARNATAKA REP.BY DJ HALLI POLICE STATION BENGALURU REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560 001 …RESPONDENT (BY SRI VIJAYAKUMAR MAJAGE, SPP-II A/W SRI ANOOP KUMAR, HCGP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.PC AND SECTION 415(2) OF BNSS PRAYING TO SET ASIDE THE JUDGMENT DATED 05.02.2025 IN SESSIONS CASE NO.1234/2014 PASSED BY THE COURT OF LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-64), BENGALURU INSOFAR AS IT PERTAINS TO HOLDING THAT ACCUSED NOS.2, 3, 5 AND 10 ARE FOUND GUILTY OF OFFENCE UNDER SECTION 302 READ WITH SECTION 34 OF IPC IS CONCERNED AND CONSEQUENTLY SET ASIDE THE ORDER OF THE APPELLANTS/ACCUSED NOS.2, 3, 5, 10 TO UNDERGO SENTENCE OF IMPRIONSMENT FOR LIFE AND PAY FINE OF RS.5,000/- EACH AND FURTHER TO PAY COMPENSATION OF RS.50,000/- EACH TO PWS.1 AND 2. 05.06.2025 SENTENCE AGAINST DATED THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL AND HON'BLE MRS JUSTICE P SREE SUDHA ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Heard both side. 2. Appellants/accused Nos.2, 3, 5 and 10 were tried in S.C.No.1234/2014 along with six other accused for the offences - 3 - NC: 2025:KHC:22291-DB CRL.A No.1203/2025 HC-KAR punishable under Sections 120B, 302, 201 read with Section 34 of IPC. 3. By the impugned judgment and order, the trial Court acting under Section 255 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS for short) (Section 232 of Cr.P.C) has convicted the appellants/accused Nos.2, 3, 5 and 10 for the offence punishable under Section 302 read with Section 34 of IPC and by subsequent order dated 05.06.2025 has sentenced the appellants to imprisonment for life and fine of Rs.5,000/- each. 4. The charge was that on 30.04.2014 at 5.30 p.m., the accused being members of unlawful assembly, due to some previous enmity, conspired to commit murder of Yousuf Ahamed. In execution of such conspiracy, at Shampura Road, within the limits of D.J.Halli Police station, they assaulted him with knives and committed his murder. To screen themselves from outcome of offence, they destroyed the evidence. 5. The trial Court on recording the evidence of the prosecution, listed the matter for hearing under Section 255 of BNSS (Section 232 of Cr.P.C. 1973) and on hearing both side, at that stage, by order dated 05.02.2025 acquitted accused - 4 - NC: 2025:KHC:22291-DB CRL.A No.1203/2025 HC-KAR Nos.1, 4 and 6 to 9, whereas convicted the present appellants of the charge under Section 302 read with Section 34 of IPC. Thereafter by the impugned order dated 05.06.2025, sentenced the appellants for life imprisonment and fine. 6. The sole ground of challenge in this appeal is that Section 255 of BNSS confers the power on the Court only for acquitting the accused and the Court cannot convict them at that stage. It is further argued that, if at all if the Court finds that there are no grounds to acquit, the Court has to examine the accused under Section 313 of Cr.P.C. and record defence evidence, hear the parties and proceed to pass further orders. 7. Sections 255 and 256 of BNSS which are relevant for this case read as follows: “255. Acquittal. If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal. 256. Entering upon defence. (1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof. - 5 - NC: 2025:KHC:22291-DB CRL.A No.1203/2025 HC-KAR (2) If the accused puts in any written statement, the Judge shall file it with the record. (3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.” 8. Reading of the above provisions makes it very clear that after taking the evidence of the prosecution, examining the accused under Section 313 of Cr.P.C. and hearing the parties, if the Court finds no materials it shall acquit the accused. At that stage there is no scope for conviction. On such exercise, if evidence is found what shall be done is prescribed under Sections 256 to 258 of BNSS. 9. Section 256 of BNSS states that if the Court does not find grounds to acquit the accused under Section 255 of BNSS, then it shall call upon the accused to adduce defence evidence. On recording such defence evidence and on receiving the written statement of the accused, the Court shall proceed to hear the arguments as per Section 257 of BNSS. Then under - 6 - NC: 2025:KHC:22291-DB CRL.A No.1203/2025 HC-KAR Section 258 of BNSS either pass order of acquittal or conviction. 10. But in this matter though Section 255 of BNSS does not confer any power on the Court for conviction, the trial Court by-passing the stages prescribed under Sections 256 to 258 of BNSS has proceeded to convict the appellants. Thereafter, the trial Court has recorded the evidence of the defence and convicted the appellants by order dated 05.06.2025. Since the order dated 05.02.2025 itself is in clear violation of Section 255 of BNSS, the order of sentence dated 05.06.2025 has no legs to stand. 11. Therefore, the impugned judgment and order so far it relates to the appellants is liable to be set aside. The matter requires to be remanded to the trial Court with a direction to proceed in accordance with Sections 255 to 258 of BNSS. Hence the following:
Decision
The appeal is allowed. ORDER The impugned judgment and order of conviction dated 05.02.2025 and order of sentence dated 05.06.2025 in S.C.No.1234/2014 on the file of LXIII Additional City Civil & - 7 - NC: 2025:KHC:22291-DB CRL.A No.1203/2025 HC-KAR Sessions Judge (CCH-64), Bangalore so far it relates to the appellants/accused Nos.2, 3, 5 and 10 is hereby set aside. The matter is remanded to the trial Court for fresh consideration. The trial Court shall hear both the parties under Section 255 of BNSS and then proceed in accordance with law in the light of the above observations. The appellants/accused Nos.2, 3, 5 and 10 shall be set at liberty forthwith if their detention is not required in any other case subject to they executing personal bonds in a sum of Rs.50,000/- each and furnishing two sureties in the likesum to the satisfaction of the trial Court. All contentions of the parties are left open. Communicate copy of this order to the concerned prison and the trial Court. Pending IAs stood disposed of accordingly. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (P SREE SUDHA) JUDGE KSR List No.: 1 Sl No.: 0