Karnataka High Court
Sri Mahadeva vs State Of Karnataka on 30 July, 2024
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NC: 2024:KHC:29931-DB
CRL.A No.320/2014
C/W CRL.A No.158/2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.320/2014 (C)
C/W
CRIMINAL APPEAL NO.158/2014 (C)
CRL.A.NO.320/2014
BETWEEN:
LAKSHMANA
S/O GANGAMADAIAH
AGED ABOUT 39 YEARS
OCC: DRIVER
YELLAIAHNAPALYA
KUNIGAL TALUK
TUMKUR DISTRICT - 572 130 ... APPELLANT
(BY SRI.K A CHANDRASHEKARA, ADVOCATE)
AND:
Digitally 1. MAHADEVA
signed by K S S/O MADAIAH
RENUKAMBA AGED ABOUT 40 YEARS
Location: YELLAIAHNAPALYA
High Court of
Karnataka KUNIGAL TALUK
TUMKUR DISTRICT - 572 130
2. LALITHA
W/O THOPEGOWDA
AGED ABOUT 32 YEARS
YELLAIAHNAPALYA
KUNIGAL TALUK
TUMKUR DISTRICT - 572 130
3. THE STATE OF KARNATAKA
BY THE POLICE OF
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NC: 2024:KHC:29931-DB
CRL.A No.320/2014
C/W CRL.A No.158/2014
KUNIGAL POLICE STATION
TUMKUR DISTRICT - 572 130 ... RESPONDENTS
(BY SRI.H V DEVARAJU, ADVOCATE FOR R1 & R2;
SRI.VIJAYA KUMAR MAJAGE, SPP-II FOR R3)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
03.02.2014 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, TUMKUR IN S.C.NO.223/2012 AND CONVICT THE
RESPONDENTS/ACCUSED NOS.1 AND 2 FOR THE OFFENCE
PUNISHABLE UNDER SECTION 307 READ WITH SECTION 34 OF IPC.
CRL.A.NO.158/2014
BETWEEN:
1 . SRI MAHADEVA
S/O SRI. MADAIAH
AGED ABOUT 40 YEARS
YALLAIAHNAPALYA,
HUTHRIDURGA HOBLI,
KUNIGAL TALUK
TUMKUR DISTRICT
TUMKUR - 572 130
2 . SMT.LALITHA
W/O THOPEGOWDA
AGED ABOUT 34 YEARS
YALLAIAHNAPALYA
HUTHRIDURGA HOBLI
KUNIGAL TALUK, TUMKUR DISTRICT
TUMKUR - 572 130 ... APPELLANTS
(BY SRI.H V DEVARAJU, ADVOCATE)
AND:
STATE OF KARNATAKA
BY KUNIGAL POLICE
TUMKUR DISTRICT
TUMKUR - 572 130 ... RESPONDENT
(BY SRI.VIJAYAKUMAR MAJAGE, SPP-II)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION
AND SENTENCE DATED:03.02.2014 PASSED BY THE PRINCIPAL
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CRL.A No.320/2014
C/W CRL.A No.158/2014
DISTRICT AND SESSIONS JUDGE, TUMKUR IN S.C.NO.223/2012 FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 504, 506 PART-
II AND 325 R/W SEC. 34 OF IPC.
THESE CRIMINAL APPEALS, COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)
Crl.A.No.320/2014 is by the victim. Crl.A.No.158/2014 is
by the accused. Before the Trial Court accused Nos.1 and 2
were charged for the offences punishable under Sections 341,
504, 506, 307 read with Section 34 IPC.
2. By the impugned judgment and order, the Trial
Court has acquitted the accused for the offence punishable
under Section 307 read with Section 34 IPC and convicted them
for the offences punishable under Sections 341, 504, 506-II,
325 read with Section 34 IPC.
3. Challenging the acquittal of the accused for the
offence punishable under Section 307 read with Section 34 IPC,
the victim preferred Crl.A.No.320/2014 and challenging their
conviction and sentence, accused Nos.1 and 2 have preferred
Crl.A.No.158/2014.
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4. PW.1 the victim has filed I.A.No.1/2024 in
Crl.A.No.158/2014 seeking permission to compound the
offences. Therefore, office objection on vakalat of
Sri K.A.Chandrashekara, learned Counsel is unsustainable and
overruled.
5. Accused Nos.1 and 2 who are the appellants in
Crl.A.No.158/2014 and PW.1 the victim are present before the
Court. Parties are duly identified by their respective Counsel
and learned SPP-II.
6. Sri K.A.Chandrashekara, learned Counsel submits
that in view of compounding of the offences in
Crl.A.No.158/2014, Crl.A.No.320/2014 is not pressed.
7. Heard the parties.
8. Offences under Sections 341, 504, 506-II IPC are
compoundable by the parties. Only offence under Section 325
IPC is compoundable with the leave of the Court.
9. Parties submit that they are neighbours and now
they are living cordially, therefore, PW.1 has voluntarily agreed
for compounding the offences. The incident said to have taken
place in the year 2011. Accused have faced the proceedings for
NC: 2024:KHC:29931-DB
about 13 years. PW.1 submits that he is not in any way
threatened or induced.
10. Considering the aforesaid facts, it would be in the
interest of justice to permit the parties to compound the
offences. Therefore, offences punishable under Sections 341,
504, 506-II and 325 read with Section 34 IPC are compounded
by the parties with the leave of the Court. Hence, the following:
ORDER
Crl.A.No.320/2014 is dismissed as not pressed.
Crl.A.No.158/2014 is allowed.
Offences punishable under Sections 341, 504, 506-II, 325
read with Section 34 IPC are compounded by PW.1/victim and
appellants. Consequently, the impugned judgment and order of
conviction and sentence for the said offences is hereby set
aside.
I.A.No.1/2024 stood disposed of accordingly.
Sd/-
(K.S.MUDAGAL)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
PKN
