Karnataka High Court
Mahesha @ Vishwa @ Esha vs State Of Karnataka on 27 March, 2025
Author: V.Srishananda
Bench: V Srishananda
-1-
NC: 2025:KHC:13106
CRL.A No. 415 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL APPEAL NO. 415 OF 2012 (C)
BETWEEN:
1. MAHESHA @ VISHWA @ ESHA
S/O. DODDAPPA, AGED ABOUT 20 YEARS,
OCC. PAINTER, R/AT. HONNUR VILLAGE,
DAVANAGERE TALUK.
2. ANNESHI S/O. LAXMAPPA,
AGED ABOUT 20 YEARS,
OCC. COOLIE, R/AT. HONNUR VILLAGE,
DAVANAGERE TALUK.
...APPELLANT
(BY SRI SHRUTI S.P., ADVOCATE FOR A1;
SRI RAVI MANJUNATH NAIK, AMICUS CURIEA FOR A2)
AND:
STATE OF KARNATAKA BY
Digitally
R.M.C YARD POLICE STATION, DAVANAGERE,
VN
signed by V
N BADIGER REP. BY ITS PUBLIC PROSECUTOR,
BADIGER Date:
2025.04.03
10:51:33
+0530
HIGH COURT OF KARNATAKA, BENGALURU.
...RESPONDENT
(BY SRI CHANNAPPA ERAPPA, HCGP)
THIS CRL.A IS FILED U/S. 374(2) CR.P.C BY THE ADVOCATE
FOR THE APPELLANTS PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO CALL FOR THE ENTIRE RECORDS AND TO SET ASIDE
THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE
PASSED BY THE HON'BLE II ADDL. SESSIONS JUDGE, DAVANGERE
IN S.C.NO.110/10, VIDE JUDGMENT DATED 17.02.2012 AND
FURTHER ACQUIT THE APPELLANTS.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-2-
NC: 2025:KHC:13106
CRL.A No. 415 of 2012
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Second appellant-Anneshi is produced through
Davanagere Prison through video conferencing.
2. Heard Smt. Shruti S.P. learned counsel for
appellant No.1.
3. Since the second appellant expressed his
inability to engage an Advocate of his choice on account of
financial constraint, Sri Ravi Manjunath Naik is requested
to appear as Amicus Curiae for the second appellant.
4. Smt. Shruti S.P. and Sri Ravi Manjunath Naik
together submit that this Court has already disposed of
the appeal filed by other two accused by a considered
judgment dated 20.01.2025 and modified the sentence
and therefore, sought for passing of similar order in this
appeal.
5. Sri Channappa Erappa, learned High Court
Government Pleader for respondent submits that suitable
NC: 2025:KHC:13106
orders may be passed taking note of the fact that this
Court has already modified the sentence in respect of
other two appellants viz., Manjunatha and Ramachandra
@ Lingaraju in Crl.A.No.368/2012.
6. Taking note of the fact that all the accused
persons were convicted for the offences under Sections
341, 504, 323, 333, 353, 307 read with Section 34 of
Indian Penal Code, in S.C.No.110/2010 and this Court by a
considered judgment dated 20.01.2025, the present
appellants are also entitled for the same relief that of the
appellants-Manjunatha and Ramachandra @ Lingaraju who
are accused Nos.2 and 4 in the said appeal.
7. Accordingly, in terms of the judgment that has
been passed in S.C.No.110/2010 and sentence of which
was modified in Crl.A.No.368/2012, present appeal also
stands allowed in part.
8. Hence, following order is passed.
NC: 2025:KHC:13106
ORDER
(i) The appeal is allowed in part.
(ii) While maintaining the conviction of the
appellants for the offences punishable under
Sections 341, 504, 323, 333, 353, 307 read
with Section 34 of IPC, the custody period
already undergone by the appellants is
treated as period of imprisonment by
enhancing the fine amount in a sum of
Rs.1,00,000/- (Rupees One Lakh only) for
each of the appellants in addition to the fine
amount already imposed by the Trial Judge.
(iii) Failure to pay the enhanced fine amount
would automatically result in restoration of
the order of imprisonment ordered by the
Trial Magistrate confirmed by the First
Appellate Court.
(iv) Time is granted to pay the enhanced fine
amount till 30th May, 2025.
(v) Second appellant-Anneshi who is in
Davanagere Prison by executing non-bailable
warrant is ordered to continue in the said
Prison till he pays the enhanced fine amount.
NC: 2025:KHC:13106
Service of Sri Ravi Manjunath Naik, learned Amicus
Curiae is placed record with appreciation.
Office is directed to return the Trial Court records
with a copy of this order for issuing the modified
conviction order.
SD/-
(V SRISHANANDA)
JUDGE
NAA
CT:PA
