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Karnataka High Court
Sri Ramesh Kumar vs The State Of Karnataka on 29 January, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.RP No. 159 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 159 OF 2026
BETWEEN:
SRI RAMESH KUMAR
S/O NATARAJ
AGED ABOUT 56 YEARS
R/O PEDAMALE, PEDAMALE POST
NEAR PIMCO SAW MILL
NEERMARGA VILLAGE
MANGALURU - 575 029
(IN DISTRICT PRISON MANGALURU)
...PETITIONER
(BY SRI P.P. HEGDE, SR. COUNSEL FOR
SRI GANAPATHI BHAT, ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH PSI MANGALORE
RURAL POLICE STATION
MANGALORE, REPRESENTED BY
Digitally signed THE STATE PUBLIC PROSECUTOR
by NANDINI M S HIGH COURT OF KARNATAKA
Location: HIGH BENGALURU - 01.
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1;
SRI PRUTHVIRAJ S, ADV., FOR R-2)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W
442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION
DTD 08.01.2013 AND ORDER OF SENTENCE DTD 09.01.2013
PASSED BY THE COURT OF JMFC III COURT, MANGALURU D.K. IN
CC.NO.3008/2009 CONVICTING THE PETITIONER - ACCUSED FOR
THE OFFENCES P/U/S 354 AND 506 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.RP No. 159 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. This revision petition is filed under Section 438 R/w
Section 442 of BNSS 2023, with a prayer to set aside the
judgment and order of conviction and sentence passed in
C.C.No.3008 of 2009 dated 08.01.2013 passed by the Court of
JMFC-III Court, Mangaluru, D.K, and the order dated
13.01.2026 passed on I.A.No.1 in Criminal Appeal No.4 of 2026
by the Court of III Additional District and Sessions Judge,
Mangaluru, D.K.
2. Heard the learned counsel appearing for the parties.
3. Petitioner herein was charge sheeted and tried for
offences punishable under Sections 354 and 506 of IPC in
C.C.No.3008 of 2009 by the Court of JMFC-III Court,
Mangaluru, D.K and in the said case, he was convicted and
sentenced for the charge sheeted offences. Aggrieved by the
judgment and order of conviction and sentence passed in
C.C.No.3008 of 2009, petitioner had filed Criminal Appeal No.4
of 2026 before the Court of III Additional District and Sessions
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Judge, Mangaluru, D.K, and along with the said appeal he also
had filed an interlocutory application with a prayer to condone
the delay caused in filing the appeal. The Appellate Court, vide
its order dated 13.01.2026 has rejected I.A.No.1 filed under
Section 5 of the Limitation Act and consequently had also
dismissed the Criminal Appeal. It is under these circumstances,
petitioner is before this Court.
4. Learned counsel for the petitioner and learned
counsel for respondent no.2 / defacto complainant, who is the
victim in the present case submit that dispute between the
parties has been settled and the parties have filed an
application under Section 528 R/w Section 359 of BNSS 2023,
with a prayer to permit the parties to compound the offences
for which the petitioner has been convicted in the present case.
They submit that application is supported by the affidavit of the
defacto complainant / PW1. The dispute between the parties
has been amicably settled at the intervention and well wishers
of the parties. The petitioner was arrested in the present case
on 31.12.2025 and he is in custody. The respondent no.2 /
defacto complainant, who has appeared before the Court
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virtually, has been identified by her learned advocate. It is
submitted that the settlement arrived between the parties is
voluntary without there being any influence or coercion. The
offences for which the petitioner has been convicted and
sentenced by the Courts below are compoundable offences.
5. The application filed by the parties before this Court
under Section 528 r/w Section 359 of BNSS 2023 is taken on
record. In paragraph Nos.3 to 7 of the affidavit filed by the
respondent no.2 / defacto complainant in support of the prayer
made in the application seeking permission of this Court to
compound the alleged offences for which petitioner has been
convicted and sentenced by the Court, reads as follows:-
"3. I state that since the date of the judgment in
2013, several years have passed. Due to the
intervention of common friends, and well-wishers of
both parties, we have reached an amicable settlement
outside of court to maintain peace and harmony.
4. I have been informed of the Appellant's current
hardships, including his own ill-health, the loss of his
daughter to cancer, and his wife's ongoing battle with
the same illness. Considering these humanitarian
grounds and the passage of over 17 years since the
incident, I have decided to forgive the Appellant and do
not wish to pursue the matter further.
5. I state that I have no objection to the setting aside
of the judgment of conviction and order of sentence
dated 08-01-2013 passed in C.C.No3008/2009. I
further have no objection to the Hon'ble Court allowing
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the present petition and acquitting the Petitioner of all
charges.
6. I say that the averments made in the
accompanying application for compounding on the
basis of the compromise are correct and true to the
best of my knowledge.
7. I declare that this compromise is entered into
voluntarily, without any threat, coercion, or undue
influence from any person."
6. Since the parties have voluntarily settled the
dispute between them and they intend to give a quietus to the
dispute and live peacefully in future and also taking into
consideration that the alleged offences against the petitioner
are compoundable offences, I am of the opinion that the prayer
made by the parties in the application needs to be granted and
consequently the revision petition is required to be disposed of.
7. Accordingly the following:-
ORDER
(i) I.A.No.3 of 2026 filed by the parties under
Section 528 R/w Section 359 of BNSS 2023 is
allowed and the parties are permitted to
compound the offences punishable under
Sections 354 and 506 of IPC for which the
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petitioner has been convicted and sentenced by
the Court below. Consequently, revision petition
is allowed and the judgment and order of
conviction and sentence passed against the
petitioner by the Courts below are set aside and
the petitioner is acquitted of the aforesaid
offences.
(ii) The Prison Authorities are forthwith directed to
release the petitioner from custody.
SD/-
(S VISHWAJITH SHETTY)
JUDGE
NMS
