Karnataka High Court
G.S.Ashok vs The State By Bharama Sagar on 19 November, 2025
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NC: 2025:KHC:47872
CRL.A No. 270 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 270 OF 2014 (C)
BETWEEN:
G.S.ASHOK
S/O G T SIDDAPPA
AGED ABOUT 40 YEARS
OCC: GRAMA PANCHAYATH MEMBER
R/O BHARAMASAGARA VILLAGE
CHITRADURGA TALUK
PIN CODE: 577501
...APPELLANT
(BY SRI. VINAYAKA S. KOTI, ADV. FOR
SRI. S. S. KOTI., ADV.)
AND:
THE STATE BY BHARAMA SAGAR
POLICE STATION, (DY.S.P)
CHITRADURGA SUB DIVISION,
CHITRADURGA.
Digitally signed by
LAKSHMINARAYAN PIN CODE: 577501
N
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA
(BY SRI. B. LAKSHMAN, HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED:11/13.3.14 PASSED BY THE
ADDL. DIST. AND S.J., AND SPL. JUDGE (SC/ST (PA) ACT),
CHITRADURGA IN SPL.C.NO.28/11 - CONVICTING THE
APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 323, 324, 506
OF IPC AND SEC.3(1)(X) OF SC/ST (PA) ACT, 1989 AND ETC.
THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CRL.A No. 270 of 2014
HC-KAR
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
1. The application filed under Section 320 read with
Section 482 of Cr.P.C to permit the appellant-G.S.Ashok to
compound the offence punishable under sections 323,
324, 506 of IPC and section 3(1)(x) of SC/ST (POA) Act,
1989 wherein the appellant is convicted and sentenced as
per order dated 11.03.2014 in Special Case No.28/2011
on the file of the Additional District and Sessions Judge,
Chitradurga.
2. This application is supported with affidavit of G.S.
Ashok S/o G.T. Siddappa, in which he has clearly stated
that respondent No.2 - Original complainant, agreed to
resolve the disputes. Hence, he sought for allowing this
application. Another application is filed under Section 320
read with 482 of Code of Criminal Procedure to permit
respondent No.2-original complainant to compound the
offence punishable under Section 323, 324, 506 of IPC and
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section 3(1)(x) of SC/ST (POA) Act, 1989, wherein the
appellant is convicted and sentenced by order dated
11.03.2014 in Spl.C.No.28/2011 on the file of the
Additional District and Sessions Judge, Chitradurga.
3. The joint affidavit of G.S. Ashoka S/o G.T. Siddappa
and Thippeshi S/o Obaiah also filed, in which both have
clearly stated that the appellant and respondent No.2-
original complainant have agreed to resolve the disputes.
Hence, sought for allowing this application.
4. Copy of Aadhaar cards of both parties are also
produced.
5. Learned counsel for the appellant and also
respondent No.2 have submitted that the alleged
commission of offence under sections 323 and 506 are
compoundable in nature.
6. As per charges framed by the trial Court, it is clear
that the accused has not used any weapon for the
commission of offence. Ex.P5-Wound Certificate reveals
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that the injured has sustained injury with pain and
tenderness over left side of the chest and same is simple
in nature. The Wound Certificate does not reveal that the
accused has used any weapon for commission of offence.
Hence, the offence under Section 324 is not applicable to
the case on hand.
7. In view of the decision of the Hon'ble Supreme Court
in the case of RAMAWATAR vs. THE STATE OF
MADHYA PRADESH passed in Criminal Appeal
No.1393/2011 dated 25.10.2021, the High Court can
exercise power under Section 482 of Cr.P.C to compound
the offence pertaining to the commission of offence under
the Penal Provision of SC/ST (POA) Act, 1989.
8. I have read and explained the contents of the
affidavit filed by both parties. Both parties have agreed for
compounding the offence on their own free will, without
any compulsion and have entered into compromise and
wish to drop the present criminal proceedings against the
accused. Considering the nature and gravity of offence and
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also keeping in the mind the decision of the Hon'ble
Supreme Court supra, I proceed to pass the following:
ORDER
(i) The application filed under Section 320
read with section 482 of Cr.P.C filed by the
appellant and respondent No.2, is allowed.
Compromise recorded.
(ii) Respondent No.2, the victim/injured is
permitted to compound the offence with the
accused.
(iii) In view of compromise, the judgment of
conviction and order on sentence passed by the
Additional District and Sessions Judge,
Chitradurga in Spl.C.No.28/2011 dated
11.03.2014 and 13.03.2014, are set aside.
(iv) Appellant/accused - G.S.Ashok S/o G.T.
Siddappa is acquitted of the offence under
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sections 323, 324, 506 and section 3(1)(x) of
SC/ST (POA) Act, 1989.
Appeal is accordingly disposed of.
Sd/-
(G BASAVARAJA)
JUDGE
DHA
List No.: 1 Sl No.: 27.1
