Karnataka High Court
G.S.Ashok vs The State By Bharama Sagar on 19 November, 2025
-1-
NC: 2025:KHC:47872
CRL.A No. 270 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 270 OF 2014 (C)
BETWEEN:
G.S.ASHOK
S/O G T SIDDAPPA
AGED ABOUT 40 YEARS
OCC: GRAMA PANCHAYATH MEMBER
R/O BHARAMASAGARA VILLAGE
CHITRADURGA TALUK
PIN CODE: 577501
...APPELLANT
(BY SRI. VINAYAKA S. KOTI, ADV. FOR
SRI. S. S. KOTI., ADV.)
AND:
THE STATE BY BHARAMA SAGAR
POLICE STATION, (DY.S.P)
CHITRADURGA SUB DIVISION,
CHITRADURGA.
Digitally signed by
LAKSHMINARAYAN PIN CODE: 577501
N
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA
(BY SRI. B. LAKSHMAN, HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED:11/13.3.14 PASSED BY THE
ADDL. DIST. AND S.J., AND SPL. JUDGE (SC/ST (PA) ACT),
CHITRADURGA IN SPL.C.NO.28/11 - CONVICTING THE
APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 323, 324, 506
OF IPC AND SEC.3(1)(X) OF SC/ST (PA) ACT, 1989 AND ETC.
THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-2-
NC: 2025:KHC:47872
CRL.A No. 270 of 2014
HC-KAR
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
1. The application filed under Section 320 read with Section 482 of Cr.P.C to permit the appellant-G.S.Ashok to compound the offence punishable under sections 323, 324, 506 of IPC and section 3(1)(x) of SC/ST (POA) Act, 1989 wherein the appellant is convicted and sentenced as per order dated 11.03.2014 in Special Case No.28/2011 on the file of the Additional District and Sessions Judge, Chitradurga.
2. This application is supported with affidavit of G.S. Ashok S/o G.T. Siddappa, in which he has clearly stated that respondent No.2 - Original complainant, agreed to resolve the disputes. Hence, he sought for allowing this application. Another application is filed under Section 320 read with 482 of Code of Criminal Procedure to permit respondent No.2-original complainant to compound the offence punishable under Section 323, 324, 506 of IPC and -3- NC: 2025:KHC:47872 CRL.A No. 270 of 2014 HC-KAR section 3(1)(x) of SC/ST (POA) Act, 1989, wherein the appellant is convicted and sentenced by order dated 11.03.2014 in Spl.C.No.28/2011 on the file of the Additional District and Sessions Judge, Chitradurga.
3. The joint affidavit of G.S. Ashoka S/o G.T. Siddappa and Thippeshi S/o Obaiah also filed, in which both have clearly stated that the appellant and respondent No.2- original complainant have agreed to resolve the disputes. Hence, sought for allowing this application.
4. Copy of Aadhaar cards of both parties are also produced.
5. Learned counsel for the appellant and also respondent No.2 have submitted that the alleged commission of offence under sections 323 and 506 are compoundable in nature.
6. As per charges framed by the trial Court, it is clear that the accused has not used any weapon for the commission of offence. Ex.P5-Wound Certificate reveals -4- NC: 2025:KHC:47872 CRL.A No. 270 of 2014 HC-KAR that the injured has sustained injury with pain and tenderness over left side of the chest and same is simple in nature. The Wound Certificate does not reveal that the accused has used any weapon for commission of offence. Hence, the offence under Section 324 is not applicable to the case on hand.
7. In view of the decision of the Hon'ble Supreme Court in the case of RAMAWATAR vs. THE STATE OF MADHYA PRADESH passed in Criminal Appeal No.1393/2011 dated 25.10.2021, the High Court can exercise power under Section 482 of Cr.P.C to compound the offence pertaining to the commission of offence under the Penal Provision of SC/ST (POA) Act, 1989.
8. I have read and explained the contents of the affidavit filed by both parties. Both parties have agreed for compounding the offence on their own free will, without any compulsion and have entered into compromise and wish to drop the present criminal proceedings against the accused. Considering the nature and gravity of offence and -5- NC: 2025:KHC:47872 CRL.A No. 270 of 2014 HC-KAR also keeping in the mind the decision of the Hon'ble Supreme Court supra, I proceed to pass the following:
ORDER
(i) The application filed under Section 320 read with section 482 of Cr.P.C filed by the appellant and respondent No.2, is allowed.
Compromise recorded.
(ii) Respondent No.2, the victim/injured is permitted to compound the offence with the accused.
(iii) In view of compromise, the judgment of conviction and order on sentence passed by the Additional District and Sessions Judge, Chitradurga in Spl.C.No.28/2011 dated 11.03.2014 and 13.03.2014, are set aside.
(iv) Appellant/accused - G.S.Ashok S/o G.T. Siddappa is acquitted of the offence under -6- NC: 2025:KHC:47872 CRL.A No. 270 of 2014 HC-KAR sections 323, 324, 506 and section 3(1)(x) of SC/ST (POA) Act, 1989.
Appeal is accordingly disposed of.
Sd/-
(G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 27.1