Karnataka High Court
Naga @ Bagurana Naga vs State Of Karnataka on 17 April, 2023
Bench: S Vishwajith Shetty
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CRL.RP No. 369 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 369 OF 2018
BETWEEN:
1. NAGA @ BAGURANA NAGA,
S/O MARIGOWDA,
AGED ABOUT 50 YEARS,
2. KRISHNA @ KHADAR,
S/O BAGURANA MARIGOWDA,
AGED ABOUT 42 YEARS,
3. BHUTHA @ NANJEGOWDA,
S/O BAGURANA MARIGOWDA,
AGED ABOUT 38 YEARS,
4. BAGURANA KULLA @ MADAPPA,
S/O NANJAIAH,
AGED ABOUT 38 YEARS,
5. CABLE NINGARAJU @ LINGARAJA,
Digitally signed
by GAYATHRI S/O SHANKARALINGAIAH,
PG AGED ABOUT 41 YEARS,
Location: High
Court of
Karnataka
6. RAMESHA @ MARKET RAMESHA,
S/O NINGEGOWDA,
AGED ABOUT 36 YEARS,
7. LINGARAJA @ BACHA,
S/O SHANKARALINGAIAH,
AGED ABOUT 41 YEARS,
8. PAPA @ PAPANNA
S/O KUNDI KEMPEGOWDA,
AGED ABOUT 38 YEARS,
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CRL.RP No. 369 of 2018
9. MANJA,
S/O KADILUVAGILU CHIKKANNA,
AGED ABOUT 42 YEARS,
APELLANT NOs.1 TO 9 ARE
R/OF BOOTHANA HOSURU VILLAGE,
KOTAHATTHI HOBLI,
MANDYA TALUK & DISTRICT - 571 401.
...PETITIONERS
(BY SRI. A.N.RADHAKRISHNA, ADVOCATE)
AND:
STATE OF KARNATAKA
BY MANDYA RURAL POLICE,
MANDYA.
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-560 001.
...RESPONDENT
(BY SRI. GOPALA KRISHNA C., ADVOCATE FOR PWs1, 3 & 4;
SMT. RASHMI JADHAV, HCGP FOR RESPONDENT)
THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO: i) SET ASIDE THE JUDGMENT OF
CONVICTION AND SENTENCE PASSED BY THE JUDICIAL
MAGISTRATE FIRST CLASS, MANDYA, IN C.C.NO.976/2006,
DATED 24.01.2015 AND CONFIRMED IN CRL.APPEAL
NOs.12/2015 AND 17/2015 BY THE LEARNED PRL. SESSIONS
JUDGE AT MANDYA, DATED 29.01.2018 AND 2.TO ACQUIT THE
PETITIONER/ACCUSED NOs.1 TO 9 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 504, 323,
324, 326 R/W 149 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.RP No. 369 of 2018
ORDER
This criminal revision petition under Section 397 of
Cr.P.C. is filed by accused Nos.1 to 9 challenging the
judgment and order of conviction and sentence passed by
the Court of Judicial Magistriate First Class, Mandya in
C.C.No.976/2006 dated 24.01.2015 and the judgment and
order dated 29.01.2018 passed by the Court of
Prl.Sessions Judge at Mandya in Crl.A.Nos.12/2015 and
17/2015.
2. Heard the learned counsel for the petitioners,
learned counsel appearing for PWs.1, 3 and 4 and learned
HCGP for respondent-State.
3. Facts leading to filing of this revision petition
narrated briefly are:
On 16.09.2006 at about 9.30 p.m. within the limits
of Mandya Rural Police Station near Kabbanahallil Circle,
the petitioners in furtherance of their common object
formed into an unlawful assembly in order to commit
rioting by holding weapons like iron lang and wooden club,
CRL.RP No. 369 of 2018
abused CW.3 and assaulted him with deadly weapons.
While CWs.1 and 2 tried to intervene, accused persons
also assaulted them and caused simple as well as grievous
injuries to CWs.1 to 3.
4. On the basis of complaint of CW.1, a criminal
case was registered for the offences punishable under
Sections 143, 147, 148, 341, 504, 323, 324, 326 r/w 149
of IPC. The police after investigation had filed the charge
sheet against the accused for the aforesaid offences and a
case was registered against the accused in
C.C.No.976/2006.
5. In the said criminal case, the trial Court by its
judgment and order dated 24.01.2015 convicted and
sentenced the accused for the offences for which they
were charged.
6. Against the said judgment and order of
conviction and sentence, accused Nos.1 to 8 had filed
Crl.A.No.12/2015 and accused No.9 filed Crl.A.No.17/2015.
CRL.RP No. 369 of 2018
The said two appeals were heard together and by a
common judgment dated 29.01.2018 the Court of Prl.
Sessions Judge at Mandya dismissed the appeals and
confirmed the judgment and order of conviction and
sentence passed by the trial Court. It is in these factual
background, the accused Nos.1 to 9 are before this Court
in this criminal revision petition.
7. Learned counsel for the petitioners as well as
learned counsel for PWs.1, 3 and 4 jointly submit that
during the pendency of this revision petition, the dispute
between the parties has been amicably settled. They
submit that the petitioners and PWs.1, 3 and 4 are
neighbourers and they are all agriculturists by avocation.
At the intervention of the well-wishers and the elders of
both the parties, dispute has been settled and the parties
intend to live peacefully in future. They submit that
having regard to the settlement arrived between the
parties, they have now field I.A.No.1/2023 under Section
320(6) and (8) r/w 482 of Cr.P.C. with a prayer to permit
CRL.RP No. 369 of 2018
the parties to compound the offences for which the
accused have been convicted and sentenced by the courts
below.
8. Petitioners/accused and PWs.1, 3 and 4 are
present before the Court. On enquiry, they submit that the
settlement arrived between them is voluntary and without
there being any undue influence or coercion. They submit
that they intend to live peacefully in future. PWs.1, 3 and
4 are identified by their advocate.
9. The application I.A.No.1/2023 filed by the
parties seeking permission of this Court to permit them to
compound the offences for which the petitioners have
been convicted and sentenced by the Courts below is
taken on record. Along with the application, the
petitioners/accused as well as PWs.1, 3 and 4 have
produced their Aadhaar cards and photos for the purpose
of their identification.
CRL.RP No. 369 of 2018
10. The petitioners/accused have been convicted
and sentenced by the Courts below for the offences
punishable under Sections 143, 147, 148, 341, 504, 323,
324, 326 r/w 149 of IPC. Amongst these offences except
the offences under Sections 324 and 326 of IPC, all other
offences are compoundable offences. This Court in
Crl.R.P.N.747/2014 at paragraph 5 has held as under:
"5. xxxx The Hon'ble Supreme Court in the
case of Ram Puja Vs. State of U.P., (1973) SCC (Cri)
870, Machhi Singh & Others Vs. State of Punjab -
(1983) SCC (Criminal) Page 52, (2008) 1 SC 184 -
Hasi Mohan Barman and Another vs. State of Assam
and Another and (2008) 15 SCC 667 - Ishwarlal Vs.
State of M.P., has held that when the parties are
close relatives and when the dispute between the
parties has been amicably settled even though the
offence for which the accused has been convicted is
non compoundable taking into the totality of the
facts and circumstances, the sentence imposed on
the accused can be reduced to the minimum. xxxx"
11. PWs.1, 3 and 4 are the injured victims in the
present case. They have appeared in person before the
Court and submitted that they intend to live peacefully in
CRL.RP No. 369 of 2018
future and therefore, they have settled the dispute with
the petitioners on the advice and intervention of well-
wishers of both the parties. Taking into consideration the
averments made in the application I.A.No.1/2023, the
submissions made on behalf of both the parties and also in
the background of the judgments passed by the Hon'ble
Supreme Court, I am of the view that it is a fit case
wherein, the sentence imposed by the Courts below on the
petitioners/accused is required to be reduced.
12. From the records it is seen that accused Nos.4,
7 and 8 were in judicial custody for the period between
17.09.2006 and 22.11.2006. The incident is of the year
2006. Already 17 years have lapsed from the date of
incident. Having regard to the lapse of time and also
considering the fact that the dispute between the parties
has been amicably settled and they now intend to live
peacefully in future, I am of the considered view that the
parties are required to be permitted to compound the
offences punishable under Sections 143, 147, 148, 341,
CRL.RP No. 369 of 2018
504 and 323 r/w 149 of IPC and for the offences
punishable under Sections 324 r/w 149 and 326 r/w 149
of IPC, punishment is required to be reduced to minimum.
Accordingly, the following:
ORDER
1. The criminal revision petition is partly allowed;
2. For the reasons stated in the affidavit filed in
support of the application, the prayer made in
I.A.No.1/2023 is partly allowed and the
petitioners/accused are permitted to compound the
offences punishable under Sections 143 r/w 149 of
IPC, 147 r/w 149 of IPC, 148 r/w 149 of IPC, 341
r/w 149 of IPC, 504 r/w 149 of IPC and 323 r/w
149 of IPC;
3. Having regard to the same, petitioners/accused are
acquitted of the aforesaid offences which they are
permitted to compound;
4. The judgment and order of conviction passed
against the petitioners/accused for the offences
punishable under Sections 324 r/w 149 of IPC and
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CRL.RP No. 369 of 2018
326 r/w 149 of IPC is upheld. However, the
sentence imposed by the Courts below for the
aforesaid offences is modified;
5. For the offence punishable under Section 324 r/w
149 of IPC, the sentence of imprisonment imposed
by the Courts below is reduced till raising of the
Court and the accused Nos.1 to 9 are also
sentenced to a fine of Rs.2,500/- (Rupees Two
Thousand Five Hundred only) each and in default to
undergo simple imprisonment for a period of one
month;
6. For the offence punishable under Section 326 r/w
149 of IPC, the sentence of imprisonment imposed
by the Courts below is also reduced till raising of
the Court and the accused Nos.1 to 9 are
sentenced to a fine of Rs.5,000/- (Rupees Five
Thousand only) each and in default to undergo
simple imprisonment for a period of two months;
7. The petitioners/accused are directed to pay the fine
amount before the trial Court, if not already paid,
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CRL.RP No. 369 of 2018
within a period of four weeks from the date of
receipt of certified copy of this order;
8. In addition to the compensation paid to PWs.1, 3
and 4 as ordered by the trial Court, a further sum
of Rs.10,000/- is directed to be paid to PW.1 and a
sum of Rs.5,000/- each is directed to be paid to
PW.3 and PW.4 from the fine amount recovered
from the accused. The balance fine amount shall be
remitted to State.
Sd/-
JUDGE
PGG
