- 1 - NC: 2025:KHC:6159 CRL.A No. 995 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 995 OF 2013 BETWEEN: SRI. BANGARAPPA, S/O MARAPPA, AGED ABOUT 36 YEARS, OCCUPATION: BUSINESSMAN, R/O MALAPPANAHATTY, NEAR BOSEDEVARAHATTY, CHALLAKERE TALUK - 577 522, CHITRADURGA DISTRICT - 577 501. …APPELLANT (BY SRI. SRINIVAS N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NAYAKANAHATTY POLICE STATION, CHITRADURGA DISTRICT - 577 501. 2. RATHNAMMA, W/O BANGARAPPA, R/A N. UPPARHATTI, NEELAGETTANAHATTI, CHALLAKERE TALUK, CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; SRI. HARISH B.S, ADVOCATE FOR R2) THIS CRL.A IS FILED U/S.374(2) OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 16.09.2013 PASSED BY THE PRL. DIST. & S.J., CHITRADURGA IN S.C.NO.39/2012 - CONVICTING THE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6159 CRL.A No. 995 of 2013 APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 498A AND 307 OF IPC. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR A PERIOD OF 3 YEARS AND PAY FINE OF RS.20,000/-, IN DEFAULT TO PAY FINE, HE SHALL UNDERGO IMPRISONMENT FOR A FURTHER PERIOD OF 6 MONTHS FOR THE OFFENCE P/U/S 307 OF IPC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri.Srinivas N., learned counsel for the appellant and Sri.Rahul Rai K., learned High Court Government Pleader for respondent No.1/State. 2. Appellant is the accused who suffered an order of conviction in SC No.39/2012 on the file of Principal District and Sessions Judge, Chitradurga dated 16.09.2013 for the offences punishable under Section 307 and 498A of IPC. 3. Victim is none other than wife of the appellant. After the conviction order has been passed, accused is now having the benefit of suspension of sentence. At the time of trial, accused was arrested on 13.10.2011 and was in jail till 07.01.2012. - 3 - NC: 2025:KHC:6159 CRL.A No. 995 of 2013 4. Defacto complainant - injured Smt.Rathnamma who is examined as P.W.1 is present before the Court. She has engaged the services of Sri.Harish B.S., learned counsel and files an application to aid the prosecution. Same is allowed. 5. On enquiry, the appellant and P.W.1 submit that after the unfortunate incident, at the intervention of the well wishers, they are now living together and seeks modification of the sentence. 6. Having regard to the peculiar facts and circumstances of the case and knowing the fact that the appellant and P.W.1 are now living together harmoniously, following the dictum of the Hon’ble Apex Court in the case of Ramgopal and Another v. State of Madhya Pradesh reported in (2022) 14 SCC 531 noting the fact that lis is privy to the parties and there is a true settlement, if the conviction of the appellant for the offences punishable under Section 307 and 498A of IPC if maintained, and custody period already undergone by the appellant is treated as period of imprisonment by maintaining the fine amount, ends of justice would be met. - 4 - NC: 2025:KHC:6159 CRL.A No. 995 of 2013 7. Accordingly, the following: ORDER i. Criminal Appeal is allowed in part. ii. While maintaining the conviction of the appellant for the offences punishable under Section 307 and 498A of IPC, custody period already undergone by the appellant from 13.10.2011 to 07.01.2012 is treated as period of imprisonment for the aforesaid offences and fine amount is kept intact. iii. Office is directed to return the Trial Court Records with copy of this order forthwith. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 59 CT: BHK