Karnataka High Court
Sri. Ramesh vs State Of Karnataka on 20 July, 2023
Bench: K.Natarajan
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NC: 2023:KHC:25317
CRL.A No. 689 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL APPEAL NO. 689 OF 2020
BETWEEN:
SRI. RAMESH S/O NAGAPPA
AGED ABOUT 34 YEARS
R/O DODDAGANDLAHALLI VILLAGE
BANGARPET TALUK
K G F -563114.
...APPELLANT
(BY SRI. NANJUNDA GOWDA M R.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ANDERSONPET POLICE
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560001
Digitally
signed by
2. SMT LAKSHMIDEVI
PANKAJA S
Location:
W/O RAMESH
HIGH
COURT OF
R/O DODDAGANDLAHALLI VILLAGE
KARNATAKA JAKKARASANAKUPPA POST
KYASAMBALLA HOBLI
BANGARPET, KGF-563114.
...RESPONDENTS
(BY SRI. S. VISHWAMURTHY, H.C.G.P. FOR R1;
SRI. R.V. ANAND, ADVOCATE FOR R2)
THIS CRL.A. IS FILED U/S.374(2) OF THE CODE OF CRIMINAL
PROCEDURE, 1973 PRAYING TO SET ASIDE THE JUDGMENT AND
ORDER OF CONVICTION AND ORDER REGARDING SENTENCE
DATED 26.12.2019, PASSED BY THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, KOLAR IN SPL.S.C.NO.1/2018, CONVICTING THE
APPELLANT/ACCUSED NO.1 FOR THE OFFENCES PUNISHABLE
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CRL.A No. 689 of 2020
UNDER SECTION 417 AND 376 OF IPC AND SECTION 3(1)(r)(s) OF
SC/ST (POA) ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by the appellant - accused No.1 under
Section 374(2) of the Code of Criminal Procedure, 1973 (for short,
'Cr.P.C.') for setting aside the judgment of conviction and sentence
passed by the II Additional District and Sessions Judge, Kolar
(hereinafter referred to as, 'Sessions Court') in Spl.S.C. No.1/2018
dated 26.12.2019. The Sessions Court found the appellant -
accused No.1 found guilty and sentenced to undergo simple
imprisonment for a period of seven (7) years with fine of Rs.5,000/-
for the offence punishable under Section 376 of IPC; he was further
sentenced to undergo simple imprisonment for a period of six (6)
months for the offence punishable under Section 417 of IPC; and
he was further sentenced to undergo simple imprisonment for a
period of one (1) year and to pay fine of Rs.5,000/- for the offence
punishable under Section 3(1)(r)(s) of the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short,
'the Act').
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CRL.A No. 689 of 2020
2. The appellant - accused No.1 being aggrieved by the said
judgment preferred the appeal on various grounds.
3. During the pendency of this appeal, the appellant as well as
respondent No.2 appeared through their counsel and filed joint
compromise application seeking permission of this Court for
compounding the offence.
4. The learned counsel for appellant - accused No.1 as well as
respondent No.2 has submitted that the appellant and respondent
No.2 have fallen in love and there was sexual affair between them.
Later the appellant - accused No.1 refused to marry her on the
ground of caste and said to have abused her in filthy language and
insulted the caste name. Due to the sexual affair, respondent No.2
became pregnant. Later the complaint came to be filed against the
accused and during the evidence also the appellant - accused
No.1 has not taken respondent No.2 to his house and subsequent
to the evidence the appellant - accused No.1 as well as
respondent No.2 joined together and led marital life and even after
leading the evidence one more child has also born. At the time of
filing complaint respondent No.2 was said to be pregnant for her
first child. Now both of them have appeared before the Court and
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CRL.A No. 689 of 2020
submitted that they are leading happy marital life and prayed for
stay of impugned judgment and acquittal of appellant - accused
No.1. The appellant as well as respondent No.2 undertake to lead
happy marital life. Though the respondent No.2 gave evidence that
the appellant - accused No.1 refused to marry her after having
intercourse mainly on the ground of caste, now they are leading
happy marital life and one more child has also born from the
wedlock. It is stated that subsequently the appellant - accused
No.1 has married respondent No.2. Both the children have
appeared before the Court along with their parents.
5. The Hon'ble Supreme Court has also permitted the parties to
compound the offences in various cases. Considering all these
aspects and in the interest of the children, this Court is of the view
that the application deserves to be allowed. Accordingly, I.A.
No.1/2023 is allowed and parties are permitted to compound the
offences.
6. Consequently, the appeal also stands allowed.
7. The judgment of conviction and sentence dated 26.12.2019
passed by the II Additional Sessions Judge, Kolar in Spl.S.C.
No.1/2018 is hereby set aside.
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CRL.A No. 689 of 2020
8. The appellant - accused No.1 is acquitted and his bail bond
stands cancelled.
9. The fine amount, if any, deposited is ordered to be refunded
to the appellant - accused No.1.
Sd/-
JUDGE
HNM
