- 1 - HC-KAR NC: 2025:KHC:53396 CRL.A No. 919 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 919 OF 2013 (C) BETWEEN: 1. RANGAPPA @ RANGANATHA S/O HANUMANTHAPPA, AGED ABOUT 25 YEARS, R/O DODDAGHATTA VILLAGE, BIRUR HOBLI, KADUR TALUK, CHIKMANGALURU DISTRICT. 2. HANUMANTHAPPA S/O THIMANNA, AGED ABOUT 52 YEARS, R/O DODDAGHATTA VILLAGE, BIRUR HOBLI, KADUR TALUK, CHIKMANGALURU DISTRICT. …APPELLANTS (BY SMT. ANANYA RAI, ADVOCATE FOR SRI MURUGESH V CHARATI.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY TARIKERE SUB DIVISION POLICE, CHIKKAMANGALUR, (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR) …RESPONDENT (BY SRI. B.LAKSHMAN.,HCGP) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53396 CRL.A No. 919 of 2013 CRL.A. FILED U/S.374(2) CR.P.C BY THE ADV., FOR THE APPELLANTS PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:16.08.2013 PASSED BY THE I ADDL. S.J., AND SPL. JUDGE, CHIKMAGALUR, IN SPL.C.NO.77/2009-CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCE P/U/S 326, 504, 506 R/W 34 OF IPC. AND THE APPELLANTS/ACCUSED ARE SENTENCED TO UNDERGO S.I. FOR A PERIOD OF 3 YEARS FOR THE OFFENCE P/U/S 326 OF IPC AND ALSO DIRECTED TO PAY A FINE OF RS.10,000/- EACH, IN DEFAULT TO PAY FINE AMOUNT THEY SHALL UNDERGO FURTHER S.I. FOR A PERIOD OF 3 MONTHS. AND THE APPELLANTS/ACCUSED ARE SENTENCED TO UNDERGO S.I. FOR A PERIOD OF 6 MONTHS FOR THE OFFENCE P/U/S 504 AND 506 OF IPC. THIS APPEAL, COMING ON FOR ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT PW1 - Somashekar and the accused Rangappa alias Ranganatha, S/o Hanumanthappa are present. 1. Application IA.III/2023 is filed under Section 320(1) and (2) r/w Section 482 of the Code of Criminal Procedure, 1973 to compound the offence. Copies of Aadhaar card and identity card of Somashekar-PW1 issued by the Election Commission of India, is filed. The trial court has convicted accused Nos.1 and 2 and passed - 3 - HC-KAR NC: 2025:KHC:53396 CRL.A No. 919 of 2013 a sentence to undergo Simple Imprisonment for a period of 3 years and pay a fine of Rs.10,000/- each for the offence punishable under 326 of IPC. Being aggrieved by the judgment of conviction and order on sentence, accused Nos.1 and 2 have preferred this appeal. During the pendency of the appeal, accused No.2- Hanumanthappa died. As per order dated 27.02.2025, the appeal against accused No.2/appellant No.2 is abated. 2. In the charge sheet, it is alleged that the accused No.1/appellant No.1 has assaulted PW1 on his left hand and right side back with a stone. The wound certificate marked as Ex.P5, does not reveal as to the injury caused to left hand and right back side. The Ex.P5-wound certificate reveals that the injury No.3 is simple in nature. Injury Nos. 1 and 2 are grievous in nature. The injuries shown in Ex.P5 are shown as under: "Injuries:- 1) Pain and Tenderness over the right infra of subcutaneous Emphysema scapular & scapular area. - 4 - HC-KAR NC: 2025:KHC:53396 CRL.A No. 919 of 2013 2) Pain and tender over the right chest. 3) Abrasion over the right infra scapular area 3x2 cm. Referred to Surgery: Megan Hospital, Shimoga. - Right sided 8th, 9th & 10th rib Fracture. I am of opinion that: I am opinion that the Injury Nos.1 & 2 are grievous in nature, Injury No.3 is Simple in nature." 3. Except the mentioning of 8th, 9th and 10th rib fracture, absolutely there is no corroborative evidence to prove that the accused No.1 has committed the offence under Section 326 of IPC. The X-ray and Radiology report issued by the concerned doctor not produced. Dr.Kempegowda, who is examined as PW9, has deposed that the injured was referred to Megan Hospital. PW9 has clearly admitted that X-ray was not taken in Birur Hospital. Hence, it is clear that there is no substantial evidence to prove that the injured has sustained grievous hurt as defined under Section 320 of IPC. It comes under the definition of Section 324 of IPC. The offence under Section 324 of IPC is compoundable under Sub-section 2 of - 5 - HC-KAR NC: 2025:KHC:53396 CRL.A No. 919 of 2013 Section 320 of Cr.P.C. Hence, I proceed to pass the following: O R D E R (i) Application IA.III/2023 filed under Section 320(1) and (2) r/w Section 482 of the Code of Criminal Procedure, 1973, is allowed. (ii) Compromise recorded. (iii) PW1 is permitted to compound the offence with the accused No.1/appellant No.1. (iv) The judgment of conviction and order on sentence passed against the accused No.1 dated 16.08.2013, is set aside. (v) Accused No.1 - Rangappa is acquitted for the offence under sections 326, 504 and 506 of Indian Penal Code. (vi) The amount if any deposited by the accused No.1, shall be returned to him. - 6 - HC-KAR NC: 2025:KHC:53396 CRL.A No. 919 of 2013 (vii) Registry is directed to send the copy of the judgment along with Trial Court records to the concerned Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 40