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Karnataka High Court
Sri.Kirana vs The 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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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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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
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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
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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.
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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
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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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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
