- 1 - HC-KAR NC: 2025:KHC:32700 CRL.RP No. 769 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 769 OF 2017 BETWEEN: 1. SRI GOVINDA PRABHU, AGED ABOUT 60 YEARS, S/O. LATE. VISHWANATH PRABHU R/AT KELAGINA PETE,BANTWAL, KASABA VILLAGE, BANTWAL TALUK - 574 219. 2. SRI CHARAN JUMADIGUDDE, AGED ABOUT 35 YEARS, S/O RAVINDRA SANIL, R/AT JUMADIGUDDE, BANTWAL MOODA VILLAGE, BANTWAL TALUK - 574219. 3. SRI. KESHAVA, AGED ABOUT 33 YEARS, S/O. LATE. CHANDAPPA NAIKA, R/AT DYAPALA HOUSE, BANTWAL MOODA VILLAGE, BANTWAL TALUK - 574219. 4. SRI. LAKSHMINARAYANA AGED ABOUT 45 YEARS, S/O.MONAPPA MOOLYA, R/AT JAKRIBETTU, THIMMAPPA SHETTY, COMPOUND HOUSE, B. MOODA VILLAGE, BANTWAL TALUK - 574219 …PETITIONERS (BY SRI P P HEGDE, SR.ADVOCATE FOR SRI VENKATESH SOMAREDDI, ADVOCATE) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32700 CRL.RP No. 769 of 2017 AND: 1. THE STATE-THROUGH THE SUB INSPECTOR OF POLICE RURAL POLICE STATION, BANTWAL RURAL POLICE STATION, D.K. DISTRICT, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001. 2. SRI JAGADISH, AGED ABOUT 50 YEARS, S/O LATE NARAYANA POOJARY, 3. SMT PADMAVATHI, AGED ABOUT 47 YEARS, W/O JAGADISH, R/AT RAMANAGARA HOUE, BANTWAL. (AMENDED ON 21.08.2025) …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R1, SRI KUSHAL V, ADVOCATE FOR R2 AND R3) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO 1) SET ASIDE THE JUDGMENT OF CONVICTION DATED 30.10.2015 AND ORDER OF SENTENCE DATED 31.10.2015 PASSED BY THE CIVIL JUDGE AND J.M.F.C., BANTWAL IN C.C.NO.987/2012 IN SO FAR IT PERTAINS TO THE CONVICTION AND SENTENCE FOR THE OFFENCE P/U/S 448,504,323,427 AND 506 R/W 34 OF IPC IS CONCERNED; 2) SET ASIDE THE JUDGMENT DATED 17.06.2017 PASSED BY THE PRL. DIST. AND S.J., D.K., MANGALURU IN CRL.A.NO.249/2015 IN SO FAR IT PERTAINS TO THE CONVICTION AND SENTENCE FOR THE OFFENCE P/U/S 448,504,323,427 AND 506 R/W 34 OF IPC IS CONCERNED AND ACQUIT THE PETITIONERS OF ALL THE CHARGES. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2025:KHC:32700 CRL.RP No. 769 of 2017 ORAL ORDER Heard the learned Senior counsel appearing for the petitioner, learned counsel appearing for respondent/State. Vakalath filed on behalf of respondents 2 and 3 - Jagadish and Padmavathi are taken on record. 2. This petition is against the judgment dated 30.10.2015 in C.C.No.987/2012 on the file of JMFC, Bantwal and also the judgment dated 17.06.2017 in Crl.A. No.249/2015 on the file of the Sessions Judge, Dakshina Kannada, Mangaluru. 3. Accused who are convicted for offence under Sections 448, 504, 323, 354, 427, 506, 507 of IPC filed an appeal and appeal was allowed-in-part. Accused were acquitted of charges for offences under Sections 354 and 507 and were convicted for offences under Sections 448, 504, 323, 427, 506 read with Section 34 IPC. 4. Learned Senior counsel for the petitioner would submit that the petitioners and CWs 1 and 2 the victims have entered into settlement and have filed an application to compound the offence. - 4 - HC-KAR NC: 2025:KHC:32700 CRL.RP No. 769 of 2017 5. Application is supported by the affidavit filed by the victims and also the affidavit filed by the petitioners/accused. 6. Petitioners have appeared through video conference so also the victims of CWs 1 and 2. 7. Learned counsel appearing for the petitioners and CWs 1 and 2 identify the parties appearing through video conference. 8. Learned HCGP would submit that Aadhar card produced by CW 2 would reveal that person named in the Aadhar card is Pushpavathi w/o Jagadeesha Poojary however, in the affidavit she is named as Padmavathi. 9. Learned Senior counsel for the petitioners and the learned counsel for CWs 1 and 2 would submit that in her evidence CW2 has stated her name as Padmavathi but she has signed as Pushpavathi. It is submitted that both names referred to the same person. 10. Learned counsel for CW2 submits that person appearing in video conference is Padmavathi @ Pushpavathi. - 5 - HC-KAR NC: 2025:KHC:32700 CRL.RP No. 769 of 2017 11. After going through the contents of the application filed, this Court does not find any impediment to accept the terms of settlement and put an end to the proceeding. 12. Accordingly, application is accepted. 13. The impugned judgments dated 17.06.2017 passed by the Sessions Judge, Dakshina Kannada, Mangaluru in Civil Appeal No.249/2015 and the judgment dated 30.10.2015 passed by the JMFC, Bantwal in C.C.No.987/2012 are set- aside. 14. Accused are acquitted of charges. 15. Bail Bonds stand cancelled. 16. The amount in deposit shall be released in favour of the petitioners. 17. Since CWs 1 and 2 before the Trial Court have approached this Court reporting settlement, CWs 1 and 2 viz., are arrayed as respondents 2 and 3. - 6 - HC-KAR NC: 2025:KHC:32700 CRL.RP No. 769 of 2017 18. Petitioners shall carry out amendment in the cause title. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 37