- 1 - HC-KAR NC: 2025:KHC:46158 CRL.A No. 789 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 789 OF 2024 (C-) BETWEEN: KARIYAPPA @ KARIYANAYAKA S/O RAMA NAIKA AGED ABOUT 38 YEARS R/AT YELACHAGERI VILLAGE NANJUNGUDU TALUK, MYSURU 571118. …APPELLANT (BY SRI. LETHIF B., ADV.) AND: THE STATE OF KARNATAKA BY NANJANGUDU TOWN POLICE STATION MYSURU DISTRICT REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BUILDING, BANGALORE - 560001 …RESPONDENT (BY SMT. PAVANA B.K., ADV. FOR SRI. PRATHEEP K.C., ADV. FOR R2 & 3 IN IA-1/25.) THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION ON 27.03.2024 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU IN S.C.NO.200/2021 BY CONVICTING THE APPELLANT FOR THE OFFENCE P/U/S 341,323,504,326 OF IPC ACQUIT THE APPELLANT. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46158 CRL.A No. 789 of 2024 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT This appeal is filed against the judgment of conviction and order on sentence dated 27.03.2024 passed in Spl.C. No.200/2021 by the V Addl. District and Sessions Judge, Mysuru wherein the appellant was convicted for the offences punishable under Section 341, 323, 504 and 326 of Indian Penal Code. 2. In this appeal the learned counsel for the appellant filed IA.I/2025 under Section 482 read with Section 320 of Code of Criminal Procedure to permit the parties to compound the offence, consequently, to set aside the impugned order. 3. This application is supported by the affidavit of Kariyappa @ Kariyanayaka-accused/appellant. Raju Darshan S/o Revayya and Siddappaji have filed their affidavit contending that they have no objection to set aside the judgment of conviction and order on sentence. - 3 - HC-KAR NC: 2025:KHC:46158 CRL.A No. 789 of 2024 4. Sri.Pratheep K.C, learned counsel has filed vakalath for PW1 and PW4 who are shown as respondent Nos.2 and 3 in the compromise application. 5. It is submitted by the Learned counsel for the appellant that one of the injured PW5-Manjunath S/o Nagendra, has not supported to the case of the prosecution. He has not deposed anything against the accused. 6. The alleged offences punishable under Section 341, 323 and 504 of Indian Penal Code, are compoundable in nature. The rest of the offence under Section 326 is not compoundable. However, invoking the power under Section 482 of Code of Criminal Procedure and also relying on the decisions of the Hon'ble Apex Court in the case of Ramgopal and Another Vs. State of Madhya Pradesh reported in (2022) 14 SCC 531 and in the case of H.N.Pandakumar Vs. The State of Karnataka rendered in Miscellaneous Application No.2667/2024 in SLP(CRL.) No.895/2024 dated 07.01.2025, and also the quantum of - 4 - HC-KAR NC: 2025:KHC:46158 CRL.A No. 789 of 2024 sentence passed by the trial Court, I proceed to pass the following: ORDER. i. The application filed under Section 482 read with 320 of CRPC is allowed. Compromise recorded. ii. PW1 and PW4 are permitted to compound the offence with the accused. iii. In view of compromise, the judgment of conviction and order on sentence passed against the accused dated 27.03.2024 in SC No.200/2021 on the file of the V Additional District and Sessions Judge, Mysuru is set aside. iv. The appellant/accused is acquitted of the offences punishable under Section 341, 323, 504 and 326 of Indian Penal Code. v. The trial Court is directed to disburse the amount of Rs.5,000/- to PW4 and PW5 as per the order passed by the trial Court. - 5 - HC-KAR NC: 2025:KHC:46158 CRL.A No. 789 of 2024 vi. The bail bond of the accused and surety shall stand cancelled. vii. Registry is directed to send the copy of this order along with Trial Court records to the trial Court. In view of allowing application in IA.I/2025 recording the compromise, the appeal is disposed of. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 48