[Cites 8, Cited by 0]
Karnataka High Court
Manjunatha vs State Of Karnataka on 10 February, 2026
-1-
NC: 2026:KHC:8381
CRL.A No. 942 of 2013
C/W CRL.A No. 845 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
CRIMINAL APPEAL NO. 942 OF 2013 (C)
C/W
CRIMINAL APPEAL NO. 845 OF 2013 (C)
IN CRL.A NO. 942/2013
BETWEEN:
BEERESHA,
S/O KALYANA SWAMY
AGED ABOUT 23 YEARS
R/A 5TH CROSS, VINAYAKA
NAGARA, HOSAKOTE TOWN
BANGALORE RURAL DISTRICT
...APPELLANT
(BY SRI. N. JAGADISH BALIGA, ADVOCATE FOR APPELLANT)
AND:
STATE OF KARNATAKA
BY HOSKOTE POLICE BANGALORE RURAL
Digitally signed
by PRASHANTH (REPTD. BY STATE PUBLIC PROSECUTOR)
NV OFFICE OF ADVOCATE GENERAL,
Location: High HIGH COURT BUILDING
Court of
Karnataka BANGALORE - 560 001
...RESPONDENT
(BY SRI. R. RANGASWAMY, HCGP FOR R1/STATE)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE ORDER DATED 05.08.2013 PASSED BY THE I ADDL.
DIST. & S.J., BANGALORE RURAL DISTRICT, BANGALORE IN
S.C.NO.215/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE
OFFENCE P/U/S 323, 324, 307 R/W 34 OF IPC. THE
APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR 6
MONTHS FOR THE OFFENCE P/U/S 323 OF IPC. THE
-2-
NC: 2026:KHC:8381
CRL.A No. 942 of 2013
C/W CRL.A No. 845 of 2013
HC-KAR
APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR A
PERIOD OF 1 YEAR FOR THE OFFENCE P/U/S 324 OF IPC. THE
APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR A
PERIOD OF 8 YEARS AND PAY FINE OF RS.25,000/-, IN DEFAULT TO
PAY FINE, HE SHALL UNDERGO FURTHER R.I. FOR 1 YEAR FOR THE
OFFENCE P/U/S 307 OF IPC. ALL THE SUBSTANTIVE SENTENCES
SHALL RUN CONCURRENTLY. THE APPELLANT/ACCUSED PRAYS THAT
HE BE ACQUITTED.
IN CRL.A NO. 845/2013
BETWEEN:
1. MANJUNATHA
S/O RAJAPPA
AGED ABOUT 20 YEARS
R/AT GANGAMMANAGUDI ROAD
BANGALORE RURAL DISTRICT-562114.
2. NAVEENA @ DUMMA
S/O KRISHNAPPA
AGED ABOUT 19 YEARS
R/AT BEHIND FOREST OFFICE
V V LAYOUT, HOSKOTE TOWN
BANGALORE RURAL DISTRICT-562114.
3. RANA @ KENCHA
S/O SUBRAMANI
AGED ABOUT 20 YEARS
R/AT KEB QUARTERS
HOSKOTE TOWN - 562114.
...APPELLANTS
(BY SRI. SUDHINDRA B.S., ADVOCATE FOR APPELLANT NO.1 & 3.
SRI. N. JAGADISH BALIGA, ADVOCATE FOR APPELLANT NO.2)
AND:
STATE OF KARNATAKA
BY HOSKOTE POLICE
BANGALORE RURAL-562114.
(REPTD. BY LEARNED
-3-
NC: 2026:KHC:8381
CRL.A No. 942 of 2013
C/W CRL.A No. 845 of 2013
HC-KAR
STATE PUBLIC PROSECUTOR)
...RESPONDENT
(BY SRI. R. RANGASWAMY, HCGP FOR RESPONDENT/STATE)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE
DATED 05.08.2013 PASSED BY THE I ADDL. DIST. & S.J.,
BANGALORE RURAL DISTRICT, BANGALORE IN S.C.NO.215/2012 -
CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S
323, 324, 307 R/W 34 OF IPC. THE APPELLANTS/ACCUSED ARE
SENTENCED TO UNDERGO R.I. FOR A PERIOD OF 6 MONTHS FOR AN
OFFENCE P/U/S 323 OF IPC. THE APPELLANTS/ACCUSED ARE
SENTENCED TO UNERGO R.I. FOR 1 YEAR FOR THE OFFENCE P/U/S
324 OF IPC. THE APPELLANT/ACCUSED ARE SENTENCED TO
UNDERGO R.I. FOR 8 YEARS AND PAY FINE OF RS.25,000/-, IN
DEFAULT TO PAY FINE, EACH ONE OF ALL THEM SHALL UNDERGO
FURTHER R.I. FOR A PERIOD OF 1 YEAR FOR THE OFFENCE P/U/S
307 OF IPC. ALL THE SUBSTANTIVE SENTENCES SHALL RUN
CONCURRENTLY. THE APPELLANTS/ACCUSED PRAYS THAT THEY BE
ACQUITTED.
THESE CRIMINAL APPEALS, COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL JUDGMENT
Learned counsel for the appellant has filed an application
under Section 320(1) of the Code of Criminal Procedure, 1973
NC: 2026:KHC:8381
HC-KAR
(for short 'Cr.P.C') seeking permission to compound the
offences.
2. The informant - Sri. L. Srinivasa, is present before
the Court and he is identified by his learned counsel
Sri.N.V.Nagesh. The informant has sworn an affidavit which
reads as under:
"AFFIDAVIT
I, L. Srinivasa, Aged 46 years, Son of Sri. Lakshmana Auto
Driver, residing at Hoskote Town, Bengaluru Rural
District, do hereby make oath and state as follows:-
1. I say that I am the Injured in the said incident dated
15-02-2012. Due to the difference of opinion,
Complaint came to be filed. The Appellants were
convicted and are in Judicial Custody.
2. I say that I am Auto driver by profession and the
Appellants are also drivers by Profession. After the
intervention of the Village Head, we sorted out the
differences between us and agreed to lead decent
cordial life in the Village. As compensation for the
medical expenses, I received Rs 75,000/-from the
Appellants and I declare that I have no claim
whatsoever against the Appellant.
3. I say that this Compromise is entered by my free-will
and wish and without any compulsion from anybody.
As we settled, the Appeal may be disposed as per our
Application filed for Compounding of Offences.
I solemnly affirm and state that this is my Name and
signature and the contents of this Affidavit are true."
3. The informat - Sri. L. Srinivasa, admits the contents
of the affidavit and submits that he had received
NC: 2026:KHC:8381
HC-KAR
Rs.75,00,000/- towards hospital charges and he has no
objection to allow the appeal and to acquit the accused as the
dispute is amicably settled and they are residing with cordial
terms.
4. The appellants in these appeals being accused
Nos.1 to 4 have been convicted for the offences punishable
under Sections 323, 324, 307 read with 34 of IPC by the Trial
Court. They have preferred these appeals impugning the
judgment of conviction and order of sentence. This Court vide
judgment dated 12.06.2025 dismissed the appeals and
confirmed the judgment of conviction and order of sentence.
Being aggrieved by the same, the appellants have approached
the Hon'ble Apex Court, which remanded the matter to this
Court to hear afresh. In the mean time, the dispute between
the parties is settled amicably and the application is filed
seeking permission to compound the offence.
5. On these facts of the case, it is found that the
appellants and the informant are residents of the same village
and the dispute between them is settled amicably and they are
residing with cordial terms. Compensation of Rs.75,00,000/- is
NC: 2026:KHC:8381
HC-KAR
paid to the informant - PW.1 towards hospital charges.
Considering these facts and circumstances and also in view of
the facts that the informant - PW.1 has no objection to allow
the appeal, I deem it appropriate to allow the application and
accord permission to compound the offence. Accordingly,
IA.No.1/2026 filed under Section 320(1) of Cr.P.C is allowed.
6. The parties are permitted to compound the offence.
7. The submissions and affidavit are placed on record
and the same is accepted.
8. In view of the above, I pass the following:
ORDER
i) The appeals are allowed.
ii) The judgment of conviction and order of
sentence dated 05.08.2013 passed by the I
Additional District and Sessions Judge,
Bangalore Rural District, Bangalore is hereby set
aide.
iii) The appellants - accused Nos.1 to 4 herein are
acquitted for the offences punishable under
NC: 2026:KHC:8381
HC-KAR
Sections 323, 324, 307 read with Section 34 of
IPC.
iv) Bail bonds executed by the appellants and their
sureties stands discharged.
v) The appellants who are said to be in judicial
custody are ordered to be released forthwith, if
they are not required in any other case.
vi) The fine amount deposited, if any, ordered to be
refunded to the appellants.
Registry is directed to send back the Trial Court
records along with the copy of this judgment for
information and needful action.
Sd/-
(M G UMA)
JUDGE
PNV
CT:VS
List No.: 1 Sl No.: 3
