Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:21482 WP No. 2648 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2648 OF 2025 (GM-RES) BETWEEN:
1.
SRINIVAS REDDY, SO LAKSHMINARAYANA REDDY, AGED ABOUT 24 YEARS,
2.
NARAYANA REDDY, SO KRISHNAPPA REDDY, AGED ABOUT 55 YEARS, BOTH R/A NO.23, 1ST CROSS, BHANU NURSING HOME ROAD, BOMMANAHALLI, BENGALURU CITY. …PETITIONERS (BY SRI. ARUN ASHOK GADAG., ADVOCATE) AND:
1.
STATE BY BOMMANAHALLI POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR.
2.
J. RAMAKRISHNA, S/O BRANNA, R/A NO.69/3A, 1ST CROSS, BHANU NURSING HOME ROAD, BOMMANAHALLI, BENGALURU – 560 068. …RESPONDENTS (BY SRI.CHANAPPA ERAPPA, HCGP FOR R1) Digitally signed by KAVYA R Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:21482 WP No. 2648 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO 1. SETTING ASIDE THE ORDER OF THE 04.12.2024 IN CRL.APPEAL 29/2023 PENDING ON THE FILE OF LVI ADDI CITY CIVIL AND SESSION COURT AT BENGALURU (ANNEXURE-A) AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This Petition by the Appellants in Crl.A.No.29/2023 on the file of the LVI Additional City Civil and Sessions Court, Bengaluru, is directed against the impugned order dated 04.12.2024 whereby the application filed by the Appellant-Respondent No.2 under Section 320 of Cr.P.C., seeking compounding of offences was rejected by the Sessions Court.
2. Heard learned counsel for Petitioners, learned HCGP for Respondent No.1 and perused the material on
- 3 -
HC-KAR NC: 2025:KHC:21482 WP No. 2648 of 2025 record. Notice to proposed Respondent No.1 is dispensed with.
3. Perusal of the material on record will indicate that the second Respondent having filed a complaint against the Petitioner for the offences p/u/s 326 and 448 of IPC 1908, the Petitioner came to be convicted vide judgement dated 13.12.2022 in C.C. No.26496/2022 which was assailed by him in Crl.A.No.29/2023 before the Sessions Court, the Appellant as well as Respondent NO.2 filed complaint under Section 320 of CR.P.C., seeking compounding of the offences and the same came to be rejected by the Sessions Court vide impugned order which is assailed in the present Petition.
4. A perusal of the impugned order will indicate that the sole ground on which Sessions Court has rejected the application by holding that the offences p/us 326 is not compoundable and therefore, the application cannot be accepted. However, having regard to the joint application filed by the Petitioners and Respondent No.2
- 4 -
HC-KAR NC: 2025:KHC:21482 WP No. 2648 of 2025 seeking compounding of the offences in view of the settlement arrived at between them, I deem it just and appropriate to exercise the jurisdiction under Section 482 of Cr.P.C., and set aside the impugned order and allow the Application filed by the Petitioners and issue further directions in accordance with law. In view of the above, I pass the following:
ORDER i) Petition is hereby allowed. ii) The impugned
order dated 04.12.2024 in Crl.A.No.29/2023 pending on the file of LVI Additional City Civil and Sessions Court, Bengaluru, is hereby set aside. The Joint Application dated 04.12.2024 filed by the Appellants and Respondent No.1 under Section 320 of Cr.P.C., is hereby allowed. iv) The judgment of conviction and order of sentence dated 13.12.2022 passed in C.C No.26496/2022 by the LVI Additional City Civil and Sessions Court, Bengaluru, is
- 5 -
HC-KAR NC: 2025:KHC:21482 WP No. 2648 of 2025 hereby set aside and the said proceedings are disposed of in terms of the Joint Application. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 2 Sl No.: 32