Karnataka High Court
Sri Hemachandra Singh vs The State Of Karnataka on 10 June, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC:19832
CRL.A No. 1025 of 2023
C/W CRL.RP No. 698 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1025 OF 2023
C/W
CRIMINAL REVISION PETITION No. 698 OF 2015
IN CRL.A No. 1025/2023
BETWEEN:
SRI HEMACHANDRA SINGH
S/O RAMA SINGH
AGED ABOUT 32 YEARS
R /O No.1694,
GAYATHRI SCHOOL ROAD
VIJANAPURA
BANGALORE - 560 060.
...APPELLANT
(BY SRI SHOWRI H R, ADVOCATE)
AND:
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI THE STATE OF KARNATAKA
Location: HIGH BY RAMAMURTHY NAGAR POLICE
COURT OF
KARNATAKA BANGALORE - 560 106
REP BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI M DIWAKARA MADDUR, HCGP)
THIS CRL.A IS FILED UNDER SECTION 374(4) OF Cr.P.C
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT,
CONVICTION AND SENTENCE DATED:25.8.14 PASSED BY THE
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CRL.A No. 1025 of 2023
C/W CRL.RP No. 698 of 2015
HC-KAR
P.O., FTC-V, BANGALORE CITY IN CRL.A.No.119/13 AND
THEREBY ACQUIT THE PETIONER/ACCUSED No.1 IN PASSED IN
10TH ACMM AT BENGALURU IN C.C.No.22595/2004 DTD.
19.06.2022 AND ETC.,
IN CRL.RP No. 698/2015
BETWEEN:
STATE BY RAMMURTHY NAGAR
POLICE STATION
BANGALORE - 560 016.
...PETITIONER
(BY SRI M DIWAKARA MADDUR, HCGP)
AND:
HEMACHANDRA SINGH
S/O RAMASINGH
32 YEARS
R/O No. 1694
GAYATHRI SCHOOL ROAD
VIJANAPURA
BANGALORE - 560 016.
...RESPONDENT
(BY SRI SHOWRI H R, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SECTION 401 Cr.P.C PRAYING TO MODIFY THE JUDGMENT AND
ORDER DATED 25.08.2014 PASSED IN CRL.A.No.119/2013 ON
THE FILE OF THE F.T.C.(SESSIONS) JUDGE-V, BANGALORE
CITY IN SO FAR AS IT RELATES TO IMPOSING INADEQUATE
SENTENCE ON THE RESPONDENT/ACCUSED FOR THE OFFENCE
PUNISHABLE UNDER SECTION 498(A) OF IPC AND SEC. 3 AND
4 OF D.P. ACT AND ETC.,
THIS CRL.A AND CRL.RP COMING ON FOR ADMISSION
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CRL.A No. 1025 of 2023
C/W CRL.RP No. 698 of 2015
HC-KAR
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. Criminal Appeal No. 1025/2023 is filed by
appellant - accused No. 1 challenging the judgment of
conviction and order on sentence dated 25.08.2014
passed in Crl.A. No. 119/2013 by Fast Track Judge V at
Bangalore wherein this appellant - accused No. 1 has been
convicted for offence under Section 498-A of IPC and
Section 3 and 4 of Dowry Prohibition Act (hereinafter for
the sake of brevity referred to as the D.P. Act).
2. On the complaint of Smt. Hemavathi Bai case
came to be registered against the appellant - accused No.
1 and others and after investigation charge sheet has been
filed against them for offence under Section 498-A read
with Section 34 of IPC and Section 3 and 4 of D.P. Act.
Pursuant to the charge sheet, case came to be registered
against them in C.C. No. 22595/2004. In the said criminal
case, appellant - accused No. 1 and accused Nos. 4 and 5
have been acquitted for offence punishable under Section
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498-A read with Section 34 of IPC and Section 3 and 4 of
D.P. Act. The State has preferred an appeal challenging
the said judgment of acquittal of the accused in Crl. A. No.
119/2013 before the Fast Track Court - V, wherein this
appellant - accused No. 1 has been convicted for offence
under Section 498-A of IPC and Section 3 and 4 of D.P.
Act. Judgment of acquittal of accused Nos. 4 and 5 has
been affirmed in the said appeal.
3. The State has preferred Crl.R.P. No. 698/2015
against the inadequacy of sentence imposed on the
respondent - accused No.1 for offence under Section 498-
A of IPC and Section 3 and 4 of D.P. Act.
4. Application under Section 482 of Cr.P.C. has
been filed by the learned counsel for the appellant -
accused No. 1. Said application is supported by Joint
affidavit of appellant - accused No. 1 and Smt. Hemavathi
Bai (complainant). Appellant - accused No. 1 and Smt.
Hemavathi Bai are present before the court. Said Smt.
Hemavathi Bai has furnished her ID for the purpose of her
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identity. She further submits that she has settled the
matter with the appellant - accused No.1 and the same
has been recorded in M.C. No. 3666/2020 on the file of VI
Additional Principal Judge, Family Court, Bengaluru. She
further submits that she has settled the matter with the
appellant - accused No. 1 who is her husband and submits
that the offence for which the appellant - accused No. 1 is
convicted be compounded.
5. On perusal of the documents produced by the
learned counsel for appellant - accused No. 1, the
matrimonial case filed by Smt. Hemavathi Bai against the
appellant - accused No. 1 seeking dissolution of marriage
has been disposed of, accepting the mediation settlement
report dated 20.06.2024. Said mediation report is also
produced, wherein it is noted that the settlement has been
arrived between the parties, wherein Smt. Hemavathi Bai,
has agreed to cooperate in the closing of Crl.A. No.
1025/2023 and Crl.R.P. No. 698/2015 filed by the State.
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6. In view of settlement between the appellant -
accused No. 1 and Smt. Hemavathi Bai (complainant), the
following;
ORDER
i. Crl.A. No. 1025/2023 is disposed off.
ii. Offence under Section 498-A and Section 3 and 4 of
DP Act are compounded.
iii. Said order of compounding is passed by exercising
inherent powers under Section 482 of Cr.P.C.
iv. In view of compounding recorded In Crl.A. No.
1025/2023, the petition filed by the State challenging
the impugned judgment on the ground of inadequacy
of sentence does not survive for consideration and
accordingly Crl.R.P. No. 698/2015 is disposed of.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
