Karnataka High Court
Ramu vs State By on 3 December, 2025
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NC: 2025:KHC:51749
CRL.A No. 1710 of 2021
C/W CRL.A No. 1651 of 2021
CRL.A No. 1709 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1710 OF 2021 (C)
C/W
CRIMINAL APPEAL NO. 1651 OF 2021
CRIMINAL APPEAL NO. 1709 OF 2021
IN CRL.A No. 1710/2021
BETWEEN:
1. RAMU
S/O GOVINDA,
AGED ABOUT 32 YEARS,
AUTO DRIVER,
R/AT MEDDAR BLOCK,
PERIYAPATNA,
MYSORE DISTRICT 571 107.
Digitally signed by
LAKSHMINARAYAN N
...APPELLANT
Location: HIGH COURT
OF KARNATAKA
(BY SRI. P MAHESHA., ADVOCATE)
AND:
1. STATE BY PERIYAPATNA POLICE,
RERPESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU 560 001.
...RESPONDENT
(BY SRI. RANGASWAMY.R. HCGP.
BY SRI. VENKATESH SOMAREDDI ADV. FOR PW1 AND 3)
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NC: 2025:KHC:51749
CRL.A No. 1710 of 2021
C/W CRL.A No. 1651 of 2021
CRL.A No. 1709 of 2021
HC-KAR
THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF
SENTENCE DATED 22.10.2021, PASSED BY THE VIII
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU
SITTING AT HUNSUR IN S.C.NO.47/2015 - CONVICTING THE
APPELLANT/ACCUSED NO1 FOR THE OFFENCE P/U/S 323 AND
307 R/W 34 OF IPC. AND ETC.
IN CRL.A NO. 1651/2021
BETWEEN:
1. SRI.KIRANA
S/O VENKATACHALA,
AGED ABOUT 26 YEARS,
R/AT KAGGUNDI VILLAGE,
PERIYAPATNA,
MYSURU DISTRICT 571 107.
...APPELLANT
(BY SRI. RUDRAPPA P.,ADVOCATE)
AND:
1. THE STATE BY PERIYAPATNA POLICE STAION,
PERIYAPATNA TALUK,
MYSURU DISTRICT 571 107.
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE 560001.
...RESPONDENT
(BY SRI. RANGASWAMY.R, HCGP.
BY SRI. RAMESH.Y. ADV. FOR PW1 AND 3)
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NC: 2025:KHC:51749
CRL.A No. 1710 of 2021
C/W CRL.A No. 1651 of 2021
CRL.A No. 1709 of 2021
HC-KAR
THIS CRL.A IS FILED U/S.374(2) OF CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT AND SENTENCE DATED
22.10.2021 PASSED BY THE VIII ADDITIONAL DISTRICT
AND SESSIONS JUDGE, MYSURU, SITTING AT HUNSUR IN
S.C.NO.47/2015, CONVICTING THE APPELLANT/ACCUSED
NO.2 FOR THE OFFENCE P/U/S 323 AND 307 R/W 34 OF
IPC. AND ETC.
IN CRL.A NO. 1709/2021
BETWEEN:
1. ABHI @ SULAIMAAN
S/O USMAN,
AGED ABOUT 25 YEARS,
R/O VAIDYESHWARA EXTENSION,
PERIYAPATANA TOWN,
PERIYAPATANA TALUK,
MYSORE DISTRICT 571107.
...APPELLANT
(BY SRI. PRATHEEP K C., ADVOCATE)
AND:
1. STATE OF KARNATAKA
STATE BY PERIYAPATANA POLICE
REP BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-01.
...RESPONDENT
(BY SRI.R.RANGASWAMY.R. HCGP.
SRI.VENKATARAMANA.H.N, ADV. FOR PW1 AND 3)
THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT OF ORDER AND SENTENCE
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NC: 2025:KHC:51749
CRL.A No. 1710 of 2021
C/W CRL.A No. 1651 of 2021
CRL.A No. 1709 of 2021
HC-KAR
DATED 22.10.2021 PASSED BY THE VIII ADDL.DISTRICT
AND SESSIONS JUDGE, MYSURU, SITTING AT HUNSUR IN
S.C.NO.23/2016, CONVICTING THE APPELLANT/ACCUSED
NO.3 FOR THE OFFENCE P/U/S 323 AND 307 R/W 34 OF
IPC AND ETC.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
All the three appeals are arise out of the judgment of conviction and order on sentence passed by the VIII Addl. District and Sessions Court at Mysuru, sitting at Hunsur in S.C No.47/2015 C/W S.C No.23/2016 dated 22.10.2021.
2. Sriyuths.Venkatesh Somareddi, learned counsel has filed vakalath for complainant/PW1-Bharathkumar and PW3-Sharathkumar in Crl.A No.1710/2021; Ramesh.Y, learned counsel for PW1 and PW3 in Crl.A No.1651/2021 and Venkataramana.H.N, learned counsel has filed vakalath for PW1- and PW3 in Crl.A No.1709/2021. All vakalaths are placed on record.
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NC: 2025:KHC:51749 CRL.A No. 1710 of 2021 C/W CRL.A No. 1651 of 2021 CRL.A No. 1709 of 2021 HC-KAR
3. In Crl.A No.1710/2021, the application is filed under Section 482 read with Section 320 of Code of Criminal Procedure, 1973 by the appellant, complainant and the victim along with this application, Sharath Kumar.T S/o Late H.D.Thimmappa, Bharath Kumar.T, S/o Late H.D.Thimappa and Ramu.P.G S/o Late Govinda Shetty have filed their affidavits. In which they have stated that the averments made in the applications are voluntary and without any coercion and undue influence.
4. In Crl.A No.1651/2021, the application is filed under Section 320 (6) and (8) of Code of Criminal Procedure for compounding the offence along with the affidavits of Kirana S/o Venkatachala and Bharathkumar S/o H.D.Thimmappa have filed and sought to compound the offence.
5. In Crl.A No.1709/2021, the application is filed under Section 320 (6) and (8) of Code of Criminal Procedure for compounding the offence along with the affidavits of Abhi @ Sulaimaan S/o Usman, Bharathkumar -6- NC: 2025:KHC:51749 CRL.A No. 1710 of 2021 C/W CRL.A No. 1651 of 2021 CRL.A No. 1709 of 2021 HC-KAR S/o H.D.Thimmappa are filed. Hence, they sought to compound the offence and quash the criminal proceedings.
6. I have examined the judgment passed by the trial Court. The trial Court has convicted accused Nos.1 and 2 in S.C No.47/2015 and accused No.3 S.C No.23/2016 for the offence punishable under Section 323 and 307 read with Section 34 of Indian Penal Code.
7. Ex.P5-wound certificate of Sharathkumar reveals that he has sustained four injuries, among them injuries No.1 and 2 are grievous in nature and injuries Nos.3 and 4 are simple in nature. Injury No.1. grievous injury is loss of right 2nd and 3rd molar; injury No.2. Swelling tenderness over right mandible over right mandible fracture.
8. In the compromise petition is filed in Crl.A No.1710/2021, it is clearly stated that appellants/accused Nos.1 and 2 have already undergone two months of imprisonment. After conviction again were in incarceration -7- NC: 2025:KHC:51749 CRL.A No. 1710 of 2021 C/W CRL.A No. 1651 of 2021 CRL.A No. 1709 of 2021 HC-KAR for two months period before enlarging them on bail. Further, it is stated that the appellants, along with other accused, have paid a sum of Rs.2,00,000/- in total together to the victim towards compensation as full and final settlement of the dispute.
9. It is also stated that they have deposited amount of Rs.36,000/- each which may be released in favour of victim Sharathkumar. The complainant, the victim and the appellant are willing to compound the offence and close all the disputes amicably. Hence, they are seeking for compounding of the offence. All the disputes between the parties have been amicably settled. The compromise entered between the parties is voluntary and without any interference or undue influence. The complainant and victim are willing and ready to compromise on their free will. As such, they do not wish to continue any further criminal prosecution. On all these grounds, sought for allowing these applications. -8-
NC: 2025:KHC:51749 CRL.A No. 1710 of 2021 C/W CRL.A No. 1651 of 2021 CRL.A No. 1709 of 2021 HC-KAR
10. The contents of the compromise petition read over and explained to both the parties. Both parties have voluntarily agreed for compounding the offence on their own volition and free will.
11. It is also submitted by Sharathkumar that he has received Rs.2,00,000/- cash by the accused. The alleged commission of offence punishable under Section 323 read with 34 IPC is compoundable in nature.
12. With regard to the offence under Section 307 is concerned, the accused Nos. 1 and 2 have already undergone judicial custody as under trial prisoners for a period of 2 months and after the judgment, accused Nos. 1 and 2 have served the sentence for a period of 2 months. Considering the nature and gravity of offence and injuries shown in wound certificate and also compensation paid by the accused to the injured Sharathkumar and the period of sentence already served by accused Nos. 1 and 2, by invoking the power under Section 482 of Code of Criminal Procedure, it is just and proper to compound the -9- NC: 2025:KHC:51749 CRL.A No. 1710 of 2021 C/W CRL.A No. 1651 of 2021 CRL.A No. 1709 of 2021 HC-KAR offence in the interest of both the parties. Accordingly, I proceed to pass the following:
ORDER
i) Application filed in Crl.A No.1710/2021, under Section 482 read with Section 320 of Code of Criminal Procedure, 1973; and the applications filed in Crl.A No.1651/2021 and Crl.A No.1709/2021 under Section 320 (6) and (8) of Code of Criminal Procedure for compounding the offence; by the appellant/complainant and the victim, are allowed.
ii) The victim/injured-Sarathkumar is permitted to compound the offence. Accordingly, compromise is recorded.
iii) The judgment of conviction and order on sentence passed by the VIII Addl. District and Sessions Judge, Mysuru sitting at Hunsur dated 22.10.2021, is set aside.
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NC: 2025:KHC:51749 CRL.A No. 1710 of 2021 C/W CRL.A No. 1651 of 2021 CRL.A No. 1709 of 2021 HC-KAR
iv) Accused Nos. 1 and 2 in SC No. 47/2015 and accused No. 3 in SC No.23/2015 are acquitted of the offence under Section 323, 307 read with Section 34 of Indian Penal Code.
v) The trial Court is directed to release the entire deposited fine amount by the accused Nos. 1 to 3 in favour of injured/victim Sharath Kumar S/o Thimmanna - PW3 on proper identification.
vi) Registry is directed to send the copy of this judgment along with Trial Court records to the trial Court for taking necessary action as per the order of this Court.
Sd/-
(G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 40