- 1 - NC: 2025:KHC:13106 CRL.A No. 415 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 415 OF 2012 (C) BETWEEN: 1. MAHESHA @ VISHWA @ ESHA S/O. DODDAPPA, AGED ABOUT 20 YEARS, OCC. PAINTER, R/AT. HONNUR VILLAGE, DAVANAGERE TALUK. 2. ANNESHI S/O. LAXMAPPA, AGED ABOUT 20 YEARS, OCC. COOLIE, R/AT. HONNUR VILLAGE, DAVANAGERE TALUK. …APPELLANT (BY SRI SHRUTI S.P., ADVOCATE FOR A1; SRI RAVI MANJUNATH NAIK, AMICUS CURIEA FOR A2) AND: STATE OF KARNATAKA BY R.M.C YARD POLICE STATION, DAVANAGERE, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.A IS FILED U/S. 374(2) CR.P.C BY THE ADVOCATE FOR THE APPELLANTS PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO CALL FOR THE ENTIRE RECORDS AND TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED BY THE HON’BLE II ADDL. SESSIONS JUDGE, DAVANGERE IN S.C.NO.110/10, VIDE JUDGMENT DATED 17.02.2012 AND FURTHER ACQUIT THE APPELLANTS. THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.03 10:51:33 +0530 - 2 - NC: 2025:KHC:13106 CRL.A No. 415 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Second appellant-Anneshi is produced through Davanagere Prison through video conferencing. 2. Heard Smt. Shruti S.P. learned counsel for appellant No.1. 3. Since the second appellant expressed his inability to engage an Advocate of his choice on account of financial constraint, Sri Ravi Manjunath Naik is requested to appear as Amicus Curiae for the second appellant. 4. Smt. Shruti S.P. and Sri Ravi Manjunath Naik together submit that this Court has already disposed of the appeal filed by other two accused by a considered judgment dated 20.01.2025 and modified the sentence and therefore, sought for passing of similar order in this appeal. 5. Sri Channappa Erappa, learned High Court Government Pleader for respondent submits that suitable - 3 - NC: 2025:KHC:13106 CRL.A No. 415 of 2012 orders may be passed taking note of the fact that this Court has already modified the sentence in respect of other two appellants viz., Manjunatha and Ramachandra @ Lingaraju in Crl.A.No.368/2012. 6. Taking note of the fact that all the accused persons were convicted for the offences under Sections 341, 504, 323, 333, 353, 307 read with Section 34 of Indian Penal Code, in S.C.No.110/2010 and this Court by a considered judgment dated 20.01.2025, the present appellants are also entitled for the same relief that of the appellants-Manjunatha and Ramachandra @ Lingaraju who are accused Nos.2 and 4 in the said appeal. 7. Accordingly, in terms of the judgment that has been passed in S.C.No.110/2010 and sentence of which was modified in Crl.A.No.368/2012, present appeal also stands allowed in part. 8. Hence, following order is passed. - 4 - NC: 2025:KHC:13106 CRL.A No. 415 of 2012 ORDER (i) The appeal is allowed in part. (ii) While maintaining the conviction of the appellants for the offences punishable under Sections 341, 504, 323, 333, 353, 307 read with Section 34 of IPC, the custody period already undergone by the appellants is treated as period of imprisonment by enhancing the fine amount in a sum of Rs.1,00,000/- (Rupees One Lakh only) for each of the appellants in addition to the fine amount already imposed by the Trial Judge. (iii) Failure to pay the enhanced fine amount would automatically result in restoration of the order of imprisonment ordered by the Trial Magistrate confirmed by the First Appellate Court. (iv) Time is granted to pay the enhanced fine amount till 30th May, 2025. (v) Second appellant-Anneshi who is in Davanagere Prison by executing non-bailable warrant is ordered to continue in the said Prison till he pays the enhanced fine amount. - 5 - NC: 2025:KHC:13106 CRL.A No. 415 of 2012 Service of Sri Ravi Manjunath Naik, learned Amicus Curiae is placed record with appreciation. Office is directed to return the Trial Court records with a copy of this order for issuing the modified conviction order. SD/- (V SRISHANANDA) JUDGE NAA CT:PA List No.: 19 Sl No.: 4