Yankappa @ Venkappa S/O Jakkappa ... vs State Of Karnataka
2025 Latest Caselaw 8244 Kant

Karnataka High Court

Yankappa @ Venkappa S/O Jakkappa ... vs State Of Karnataka on 11 September, 2025

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                                          NC: 2025:KHC-D:11813
                                                      CRL.A No. 100264 of 2018


                      HC-KAR




                     IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                      DATED THIS THE 11TH DAY OF SEPTEMBER, 2025

                                          BEFORE

                     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                          CRIMINAL APPEAL NO. 100264 OF 2018
                                 (374(CR.PC)/415(BNSS))

                     BETWEEN:

                     1.   YANKAPPA @ VENKAPPA
                          S/O JAKKAPPA JAKKARADDER,
                          AGE: 57 YEARS, OCC: AGRICULTURE,
                          R/O: ITAGI VILLAGE, TQ: RANEBENNUR,
                          DIST: HAVERI.

                     2.   BHEEMAPPA
                          S/O HANUMAREDDY MADANAHALLI,
                          AGE: 48 YEARS, OCC: AGRICULTURE,
                          R/O: MAGOD VILLAGE, TQ: RANEBENNUR,
                          DIST: HAVERI.
         Digitally
         signed by
         RAKESH S
RAKESH HARIHAR
S       Location:
        HIGH COURT
HARIHAR OF
                     3.   SHEKAPPA @ CHANDRAPPA
         KARNATAKA
         DHARWAD
         BENCH            S/O SAHADEVAPPA MADANAHALLI,
                          AGE: 29 YEARS, OCC: AGRICULTURE,
                          R/O: MAGOD VILLAGE, TQ: RANEBENNUR,
                          DIST: HAVERI.
                                                                  ... APPELLANTS
                     (BY SRI. N.R. KUPPELUR, ADVOCATE)

                     AND:

                     1.   STATE OF KARNATAKA,
                          REPRESENTED BY THE
                                -2-
                                         NC: 2025:KHC-D:11813
                                     CRL.A No. 100264 of 2018


HC-KAR




     STATE PUBLIC PROSECUTOR,
     HIGH CURT OF KARNATAKA,
     DHARWAD BENCH, DHARWAD,
     THROUGH CPI, RURAL POLICE CIRCLE,
     RANEBENNUR, TQ: RANEBENNUR,
     DIST: HAVERI.

2.   SUNIL HANUMARADDI JAKARADDY,
     AGE. 29 YEARS, OCC. AGRICULTURE,
     R/O. ITAGI VILLAGE, TQ. RANEBENNUR,
     DIST. HAVERI.
     R2 IMPLEADED V.O.D. 11.09.2025.
                                               ... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
    SRI. S.B. NAIK, ADVOCATE FOR PROPOSED IMPLEADING
APPLICANT)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)
OF   CR.P.C.,   PRAYING   TO   ALLOW   THE   CRIMINAL   APPEAL
SETTING ASIDE THE JUDGMENT OF CONVICTION 28.08.2018
AND ORDER OF SENTENCE DATED 30.08.2018 PASSED BY THE
II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT
RANEBENNUR PASSED IN SESSIONS CASE NO.52/2015 BY
ACQUITTING THE APPELLANTS/ACCUSED NO.1, 4 AND 5 FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148,
447 AND 307 OF IPC, IN THE INTEREST OF JUSTICE.


      THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT IS DELIVERED THEREIN AS UNDER:
                            -3-
                                      NC: 2025:KHC-D:11813
                                 CRL.A No. 100264 of 2018


HC-KAR




                    ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Appellants, who have been convicted and

sentenced in S.C.No.52/2015 by the Court of II Additional

District and Sessions Judge, Haveri sitting at Ranebennur

for offences punishable under Sections 143, 147, 148, 447,

307 read with Section 149 of IPC are before this Court

challenging the judgment and order of conviction dated

28.08.2018 and the order of sentence dated 30.08.2018

passed against them.

2. Heard learned counsel for the parties.

3. Learned counsel for the appellants and learned

counsel for respondent No.2, submit that, the appellants

and the victims in the present case are all close relatives.

During the pendency of this appeal, the dispute between

the parties has been amicably settled at the intervention of

elders and well wishers of both the parties. They submit

that settlement arrived between the parties is voluntary,

without there being any undue influence and coercion. The

pendency of the dispute has been causing untold hardship

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to the parties to this appeal and also to their family

members to live a normal life in their village. It is under

these circumstances they have decided to give a quietus to

their dispute and live peacefully in the future. They submit

that in the incident in question, respondent No.2 and his

parents are the injured victims. Father of the respondent

No.2 is the brother of accused No.1, who is appellant No.1

in this appeal. The other two appellants are also close

relatives of the family. They submit that the appellants and

the victims, who are present before the Court, have filed an

application before this Court under Section 320(5) read with

Section 482 of Cr.P.C., with a prayer to permit the parties

to compound the alleged offences. They submit that the

application is supported by the affidavit of the appellants as

well as the three victims in the present case. Accordingly,

they pray that parties may be permitted to compound the

offences, for which the appellants have been convicted and

consequently, the judgment and order of conviction and

sentence passed by trial Court may be set aside.

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4. Per contra, learned HCGP has brought to the

notice of this Court that the appellants have been convicted

for non-compoundable offences.

5. The parties who are present before the Court in

person are identified by their respective advocates. The

application filed by the parties under Section 320(5) read

with Section 482 of Cr.P.C., which is supported by the

affidavit of the parties, is taken on record.

6. The averments found in the application as well as

in the affidavit of the parties are identical. Therefore, for the

purpose of convenience, the averments found in paragraph

Nos.4 to 6 of the affidavit filed by respondent No.2-Sunil,

who is the son of other two victims in the present case, is

quoted hereinbelow and the same reads as follows:

"4. I respectfully submit that during the pendency of the above appeal at the intervention of the elders and advise by the well-wishers and the elders of ourselves and the appellants/accused and the injured and further on account of the fact that, we and the appellants are the nearest blood relatives i.e. own brothers residing in the same village and carrying on agricultural activities having neighboring lands, have decided to settle the dispute amicably among themselves out of Court. The complainant and the

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injured have also come to the conclusion to settle the dispute amicably and have decided to live in harmony and in good cordial relationship with us. Under these circumstances and in view of the amicable settlement arrived among ourselves, and the appellants, the application is filed before this Hon'ble Court seeking leave of this Hon'ble Court to compound the offences punishable U/Sec.143, 147, 148, 149, 447, 307 of the IPC for which the appellants have been convicted.

5. I respectfully submit that, myself and the injured have agreed that they will not precipitate the dispute or matter and have wished to put to end to the dispute with appellants and also the appellants have undertaken not to repeat such acts with us and injured persons. I have agreed to withdraw all the allegations against the appellants and have no objections to compound the offences and further has no objections to allow the appeal acquitting the accused/appellants.

6. I respectfully submit that, the appellants and myself are the relatives and after incident pertaining to the above case, there are no other instances of any quarrel by the appellants with us and in view of the fact that the well-wishers and helders of the village and our relatives have advised us to settle all the issues and dispute with the among us and also to keep good harmony and relationship, we have decided to settle the dispute on our ow violation, without there being any force, coercion, threat or influence either by the appellants or anybody. Hence, I have no objections to allow the appeal filed by the appellants acquitting them in view of the compromise."

7. In the case of Hasi Mohan Barman & Another

Vs.State of Assam & Another reported in (2008)1 SCC

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184, it is held that Courts can consider reducing the

sentence imposed on the accused having regard to the

settlement arrived between the parties. In the case on

hand, the parties are close relatives and they all reside in

the same village. PW5, PW7 and PW8 are the only injured

victims in this case. Accused No.1 is the direct brother of

PW8, Hanumareddy Jakkareddy, who is the father of the

first informant (PW5) and husband of Smt.Vinoda (PW7).

The other two accused are also members of the same

family. The dispute between the parties, has been now

settled at the intervention of the well-wishers and elders of

both the families and they intend to give quietus to the

dispute and live peacefully in future.

8. Perusal of the material on record would go to

show that appellant Nos.1 to 3 were in custody for a period

of more than 1 year 6 months during trial. Therefore, I am

of the opinion that in view of the settlement arrived

between the parties, if the appeal is disposed off, reducing

the sentence of imprisonment imposed on the appellants,

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the same would serve the ends of justice. Accordingly, the

following:

ORDER

i. The Criminal Appeal is partly allowed.

ii. The judgment and order of conviction passed by

the Court of II Additional District and Sessions

Judge, Haveri sitting at Ranebennur in

S.C.No.52/2015 convicting the appellants for the

offences punishable under Sections 143, 147,

148, 447, 307 read with Section 149 of IPC is

confirmed.

iii. The order of sentence passed by the trial Court

in so far as it relates to offences punishable

under Sections 143, 147, 148, 447 read with

Section 149 of IPC is confirmed.

iv. The order of sentence passed by the trial Court

for the offence punishable under Section 307

read with 149 of IPC is modified and reduced to

the period of imprisonment already undergone by

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the appellants. However, the order of sentence

passed by the trial Court, directing payment of

fine, for the offence punishable under Section

307 of IPC remains unaltered.

v. It is brought to the notice of this Court that

appellants have deposited the entire fine amount

before the trial Court and therefore, the trial

Court shall disburse the fine amount deposited

by the appellants to PW7 and PW8 in terms of

the order of sentence passed by the trial Court.

vi. The appellants are entitled to set off as provided

under Section 428 of Cr.P.C.

Sd/-

(S.VISHWAJITH SHETTY) JUDGE

KGK CT:BCK