- 1 - NC: 2025:KHC:14772 CRL.A No. 177 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO. 177 OF 2013 BETWEEN: 1. SRI. K.K. PRAVEENA S/O KRISHNEGOWDA AGED ABOUT 29 YEARS 2. SRI. RAJESH S/O RAMEGOWDA AGED ABOUT 30 YEARS 3. SRI PRAVEENA S/O ANNAPPA GOWDA AGED ABOUT 29 YEARS ALL ARE R/O HOLEKODIGE, COOVE VILLAGE, BALUR HOBLI MUDIGERE TALUK CHIKMAGALUR DISTRICT-577160. …APPELLANTS (BY SRI. LOKANATH K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BALUR POLICE REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14772 CRL.A No. 177 of 2013 2. SRI. RAJU S/O KOOGAIAH AGED ABOUT 49 YEARS BEERGUR, KOOVE VILLAGE BALUR HOBLI, MUDIGERE TALUK CHIKMAGALUR DISTRICT-577160. (AMENDED VIDE COURT ORDER DATED 07.04.2025) …RESPONDENTS (BY SMT. K.P. YASHODA, HCGP FOR R1; SRI. ESHWARA H.H., ADVOCATE FOR R2) THIS CRIMINAL APPEAL FILED UNDER SECTION 374(2) OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 16.01.2013 PASSED BY THE ADDITIONAL SESSIONS AND SPL. JUDGE, CHIKMAGALUR IN SPL.CASE NO.29/2010 - CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 324 AND 504 R/W 34 OF IPC AND SECTION 3(i)(x) OF SC/ST (PREVENTION OF ATROCITIES) ACT, 1989. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT 1. The learned counsel for the appellant and the learned counsel for the respondent No.2/victim filed an application under Section 320(2) of Cr.P.C and also filed joint affidavit stating that they have compromise and intend to compound the offence and in support of the - 3 - NC: 2025:KHC:14772 CRL.A No. 177 of 2013 same, the judgment of the Apex Court reported in [2021] 10 S.C.R 499 in case of Ramawatar V/s State of Madhya Pradesh and also the Apex Court in detail discussed the same, relevant consideration for exercising such powers or nature and effect of the offence on the concise of society and seriousness of injury with any voluntary nature of compromise between the accused and the victim and for conduct of the accused persons, prior to after the occurrence of the purported offence and even the Apex Court in this judgment held invoking of Article 142 of Constitution quashing of criminal proceedings on the basis of a voluntary compromise between the complainant/victim and the accused and also an observation is made that further caveat that powers under Article 142 of Constitution and Section 482 of Cr.P.C, exercisable in post conviction matters only where an appeal is pending before one or two other judiciary forum. In this case also, the conviction to challenge before this Court and appeal is pending before this Court. Having taken note of the principles laid down in the judgment and - 4 - NC: 2025:KHC:14772 CRL.A No. 177 of 2013 also in view of the compromise between the parties and also victim is also present before the Court and compounded the offence, permission is granted to compound the same by allowing the appeal and judgment of conviction is set-aside since he has sustained the simple injury and both are belongs to the same village and the same is also taken note of. Hence, application filed under Section 320(2) of Cr.P.C is hereby allowed and appeal is allowed. 2. The conviction order passed in Spl.C.29/2010 dated 16.01.2013 is set-aside in view of compounding of sentence. Accordingly, the appeal is disposed of by acquitting the appellant. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 15