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by Deepak Kumar
13 September 2026 8:08 AM
In a significant ruling that underscores the foundational principles of criminal jurisprudence, the High Court of Karnataka at Bengaluru today dismissed an appeal by the State against the acquittal of respondents in a high-profile robbery case (CRL.A No.565 OF 2017 (A)). The bench, comprising The Hon’ble Dr. Justice H.B. Prabhakara Sastry and The Hon’ble Mr. Justice Anil B. Katti, reiterated the legal axiom that “there is a double presumption in favour of the accused.”
This landmark judgment stems from an incident on the night of November 4-5, 2010, involving the hijacking of the complainant’s car and theft of valuables. The respondents were previously acquitted by the trial court, prompting the State to challenge the decision.
In their comprehensive review, the High Court delved into the nuances of the identification process of the accused and the recovery of stolen items. The judges highlighted significant procedural lapses, particularly the absence of a test identification parade, which cast doubts on the reliability of the identification of the accused.
The Court observed, “An appellate court must bear in mind that in case of acquittal, there is double presumption in favour of the accused.” This statement not only served as a headline-grabbing quote but also as a critical legal principle guiding their judgment. It emphasizes the presumption of innocence and the reinforcement of this presumption by the trial court’s acquittal.
The decision also shed light on the standards for appellate review of an acquittal, suggesting restraint and caution in overturning trial court decisions when multiple reasonable conclusions can be drawn from the evidence. The High Court’s upholding of the trial court’s acquittal is seen as a testament to the robustness of the judicial process in safeguarding individual rights against unwarranted state prosecution.
Date of Decision: 28 November 2023
STATE OF KARNATAKA VS VENUGOPAL @ VENU
