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2025 DAILYLAW 82422 (KAR)

HARIHARASUDAN H v. THE STATE OF KARNATAKA

CRL.A/1476/2021 · 2025-12-10

G Basavaraja

Criminal Appealbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52227 CRL.A No. 1476 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1476 OF 2021 BETWEEN: 1. HARIHARASUDAN H, AGED ABOUT 28 YEARS, S/O C H THAVASI, R/AT NO.671, HUNASURU ROAD, NEAR RING ROAD, HINAKAL, MYSURU-570017. 2. KARTHIKGOWDA, AGED ABOUT 27 YEARS, S/O BOREGOWDA, R/AT DOOR NO.25, MIG, KUVEMPU NAGARA, MYSURU CITY-570023. 3. NAGESH R, AGED ABOUT 27 YEARS, S/O RAJENDRA H T, R/AT NO.26/2, 17TH CROSS, ARAVINDANAGARA, MYSURU CITY-570008. 4. ABHILASH S, AGED ABOUT 32 YEARS, S/O SIDDAPPA, R/AT DOOR NO.120, 5TH CROSS, G BLOCK, RAMAKRISHNANAGARA, MYSURU CITY-570023. …APPELLANTS (BY SRI. P NATARAJU, ADVOCATE) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52227 CRL.A No. 1476 of 2021 AND: THE STATE OF KARNATAKA, BY SRIRANGAPATNA TOWN POLICE STATION, MANDYA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001. …RESPONDENT (BY SRI RANGASWAMY R HCGP, SRI SANTHOSH KUMAR M B, ADVOCATE FOR PWS 1 TO 5) THIS CRL.A IS FILED U/S.374(2) CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 30.08.2021 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATTANA) IN S.C.NO.5055/2016 - CONVICTING THE APPELLANT/ACCUSED NO.1 TO 4 FOR THE OFFENCE P/U/S 504,323,326,354(A) R/W 34 OF IPC. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC:52227 CRL.A No. 1476 of 2021 ORAL JUDGMENT All the appellants and PWs.1 to 5 are present before the Court and have filed an application under Sections 320 read with Section 482 of Code of Criminal Procedure. 2. The Trial Court has convicted the accused for the offence under Sections 504, 323, 354(A), 326 read with Section 34 Indian Penal Code, 326A and Indian Penal Code. 3. Exhibit-P10 is the wound certificate pertaining to Soumya Deepali, which reveals that the injuries are simple in nature. Exhibit-P11 is the wound certificate pertaining to Kavitha, which reveals that the injury is simple in nature. Exhibit-P12, is the record maintained by the Kamakshi Hospital which reveals as to the injuries caused to Chethana Sakkal. Ex.P16 is the wound certificate pertaining to Chethana Sakkal, which reveals that injuries are grievous in nature. 4. On perusal of entire materials, I do not find any material to show that the injured have sustained grievous hurt as defined under Section 321 of IPC. Hence, the offence under Section 326 of IPC is not attracted to the case on hand. - 4 - HC-KAR NC: 2025:KHC:52227 CRL.A No. 1476 of 2021 5. A perusal of materials placed before this Court, I do not find any materials to constitute the offence under Section 354A of IPC. Rest of the offences are compoundable in nature. The contents of the application are read over and explained to both parties. Both parties have voluntarily agreed to compound the offence. The joint affidavit is also filed. Hence, I proceed to pass the following: ORDER (i) The application filed under Section 320 read with Section 482 of Cr.P.C. is allowed. (ii) The PWs.1 to 5 are permitted to compound the offence with the opponents. (iii) Compromise is recorded. (iv) In view of compromise and also aforesaid reasons, the judgment of conviction and order on sentence dated 30.08.2021 passed by the III Additional District and Sessions Judge, Mandya sitting at Srirangapatna, is set aside. (v) Accused Nos.1 to 4/appellants are acquitted of offences punishable under Section 504, 323, 354(A), and 326 read with Section 34 of IPC. - 5 - HC-KAR NC: 2025:KHC:52227 CRL.A No. 1476 of 2021 (vi) The fine amount, if any deposited by the appellants/accused, shall be returned to them in accordance with law. (vii) Registry directed to send the copy of this order along with the Trial Court record to the Trial Court. Sd/- (G BASAVARAJA) JUDGE GVP List No.: 1 Sl No.: 29