- 1 - HC-KAR NC: 2025:KHC:52941 CRL.A No. 1065 of 2013 C/W CRL.A No. 1083 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1065 OF 2013 (C) C/W CRIMINAL APPEAL NO. 1083 OF 2013 (C) IN CRL.A No. 1065/2013 BETWEEN: K.V. PRADEEP S/O VIJAYA AGED ABOUT 26 YEARS AGRICULTURIST R/O KICHCHABBI N R PURA TALUK CHIKKAMAGALUR DISTRICT-577 134. …APPELLANT (BY SRI. PRASAD B S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BALEHONNUR POLICE CHIKMAGALUR-577 101. 2. M.V. SADASHIVA S/O LATE VENKATAPPA ACHAR AGED ABOUT 45 YEARS R/AT MUDUGERE RAMLAPURI MUTT POST N.R. PURA TALUK CHIKKAMGALURU - 577 112. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52941 CRL.A No. 1065 of 2013 C/W CRL.A No. 1083 of 2013 …RESPONDENTS (BY SMT. B. LAKSHMAN, HCGP FOR R1; SRI. P. PRASANNA KUMAR.,ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED 24.10.2013 PASSED BY THE I ADDL. S.J., CHIKMAGALUR IN S.C.NO.26/2010- CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 307 R/W 34 OF IPC. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO S.I. FOR A PERIOD OF 4 YEARS AND PAY FINE OF RS.50,000/- IN DEFAULT TO PAY FINE, HE SHALL UNDERGO S.I. FOR 3 MONTHS FOR THE OFFENCE P/U/S 307 R/W 34 OF IPC. IN CRL.A NO. 1083/2013 BETWEEN: 1. KRISHNAMURTHY @ KRISHNA @ KITTI S/O LATE MARIYAPPA, AGED ABOUT 34 YEARS, AGRICULTURIST, R/O HALUGANDI, MELPAL VILLAGE, KOPPA TALUK, CHIKKAMAGALUR DISTRICT 577134 2. H.M RAJU @ H.M. RAJASHEKARA S/O H.T. MANJAPPAGOWDA, AGED ABOUT 23 YEARS, R/O HUNASEKOPPA, KARKESWARA VILLAGE, N.R.PURA TALUK, CHIKKAMAGALUR DISTRICT - 577 134. ...APPELLANTS (BY SRI. PRASAD B S.,ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:52941 CRL.A No. 1065 of 2013 C/W CRL.A No. 1083 of 2013 AND: 1. THE STATE OF KARNATAKA BY BALEHONNUR POLICE, CHIKMAGALUR - 577 101. 2. M.V. SADASHIVA S/O LATE VENKATAPPA ACHAR AGED ABOUT 45 YEARS R/AT MUDUGERE RAMLAPURI MUTT POST N.R. PURA TALUK CHIKKAMAGALUR - 577 112. ...RESPONDENTS (BY SMT. B. LAKSHMAN, HCGP FOR R1; SRI. P. PRASANNA KUMAR.,ADVOCATE FOR R2) THIS CRL.A. FILED UNDER SECTION 374(2) CR.P.C BY THE ADV. FOR THE APPELLANTS/ACCUSED PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE CONVICTION AND SENTENCE DATED 24.10.2013 PASSED BY THE I ADDL. S.J., CHIKMAGALUR IN S.C.NO.26/2010 AND 100/2010 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 307 R/W 34 OF IPC.THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO S.I. FOR A PERIOD OF 4 YEARS AND PAY FINE OF RS.50,000/-, IN DEFAULT TO PAY FINE, HE SHALL UNDERGO S.I. FOR 3 MONTHS FOR THE OFFENCE P/U/S 307 R/W 34 OF IPC. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA - 4 - HC-KAR NC: 2025:KHC:52941 CRL.A No. 1065 of 2013 C/W CRL.A No. 1083 of 2013 ORAL JUDGMENT These appeals arise out of the judgment of Conviction and Order on Sentence dated 24.10.2013 in S.C.Nos.26/2010 and 100/2010 passed by the I Additional Sessions Judge, Chikkamagaluru (hereinafter referred to as 'the Trial Court'). 2. Appellants- Sri. K.V. Pradeep, Sri. Krishnamurthy @ Krishna @ Kitti, H.M. Raju @ H.M. Rajashekhara is present. Injured-M.V. Sadashiva/respondent No.2 is also present. 3. In both cases, application under Sections 320(3) and 320(8) r/w 482 of Cr.P.C is filed, in which it is stated as under: In Criminal Appeal No.1065/2013 '' APPLICATION UNDER SECTION 320(3) AND 320(8) r/w 482 OF THE CODE OF CRIMINAL PROCEDURE FOR COMPOUNDING 1. That Appellant above named is challenging the judgment and order dated 30.10.2013 passed by the I Additional Sessions Judge S.C.No.26/2010 convicting the Appellant for an offence punishable under section 307 R/w 34 of IPC and sentencing him to undergo Simple Imprisonment for a period of 4 years and pay fine of Rs.50,000/-, in default to pay fine, he shall further undergo Simple Chikmagalur at in Imprisonment for a period of 3 months. 2. That, now with the intervention of the well-wishers and the friends the appellant and the original complainant/2nd Respondent have settled their - 5 - HC-KAR NC: 2025:KHC:52941 CRL.A No. 1065 of 2013 C/W CRL.A No. 1083 of 2013 disputes amicably and he does not intend to proceed with the case against the appellant in the above case. That the appellant and other 2 accused paid the amount of Seven Lakh Rupees and the 2nd Respondent is accepted the same by way of cash, and 2nd Respondent has no objection to release the deposited amount in favour of the appellants which they have deposited the amount before the Trail Court. That the complainant/2nd Respondent does not intend to proceed against the appellant and the compromise arrived between them is voluntary and no undue influence has been made. Under these circumstances this Hon'ble High Court may be pleased to allow the application and compound the offence and acquit the appellant for the charge leveled against him. 3. It is therefore prayed that this Hon'ble High Court may be pleased to permit the appellant and the original complainant/2nd Respondent to compound the offence and set-aside the judgment and order of conviction and sentence dated 30.10.2013 passed by the 1st Additional Sessions Judge at Chikmagalur in S.C.No.26/2010 and acquit the appellant, in the interest of justice.'' In Criminal Appeal No.1083/2013 ''APPLICATION UNDER SECTION 320(3) AND 320(8) r/w 482 OF THE CODE OF CRIMINAL PROCEDURE FOR COMPOUNDING 1. That Appellants above named is challenging the judgment and order dated 30.10.2013 passed by the I Additional Sessions Judge at S.C.No.26/2010 convicting the Appellants for an offence Chikmagalur in punishable under section 307 R/w 34 of IPC and sentencing them to undergo Simple Imprisonment for a period of 4 years and pay fine of Rs.50,000/- each, in default to pay fine, they shall further - 6 - HC-KAR NC: 2025:KHC:52941 CRL.A No. 1065 of 2013 C/W CRL.A No. 1083 of 2013 undergo Simple Imprisonment for a period of 3 months. 2. That, now with the intervention of the well-wishers and the friends the appellants and the original complainant/2nd Respondent have settled their disputes amicably and he does not intend to proceed with the case against the appellants in the above case. That the appellants and another accused paid the amount of Seven Lakh Rupees and the 2nd Respondent is accepted the same by way of cash, and 2nd Respondent has no objection to release the deposited amount in favour of the appellants which they have deposited the amount before the Trail Court. That the appellants and another accused paid the amount of Seven Lakh Rupees and the 2nd Respondent is accepted the same by way of cash, and 2nd Respondent has no objection to release the deposited amount in favour of the appellants which they have deposited the amount before the Trail Court. That the complainant/2nd Respondent does not intend to proceed against the appellant and the compromise arrived between them is voluntary and no undue influence has been made. Under these circumstances this Hon'ble High Court may be pleased to allow the application and compound the offence and acquit the appellant for the charge leveled against him. 3. It is therefore prayed that this Hon'ble High Court may be pleased to permit the appellants and the original complainant/2nd Respondent to compound the offence and set aside the judgment and order of conviction and sentence dated 30.10.2013 passed by the 1st Additional Sessions Judge at Chikmagalur in S.C.No.26/2010 and acquit the appellants, in the interest of justice.'' 4. The contents of the application and affidavits read over and explained to the parties in the language known to them, - 7 - HC-KAR NC: 2025:KHC:52941 CRL.A No. 1065 of 2013 C/W CRL.A No. 1083 of 2013 that is in Kannada language. The appellants and injured have admitted the contents of the application and accepted to it voluntarily and the same is a lawful. 5. Along with the above applications, affidavit of Sri.Krishnamurthy @ Krishna @ Kitti, H.M. Raju @ H.M. Rajashekhara, K.V. Pradeep and affidavits of complainant M.V. Sadashiva, in both cases are filed. 5. In the affidavit of K. V. Sadashiva, he has stated that now with the intervention of the well-wishers, his friends and the appellants they have settled their dispute amicably and he has no intention to proceed with the case against the appellant in the above case. The appellants have paid an amount of Rs.7,00,000/- to him by way of cash and he has accepted the same. He has no objection to release the deposited amount in favour of the appellants which they have deposited before the trial Court and he has no intention to proceed against the appellants and the compromise arrived at between them is voluntary and no undue influence has been made. Hence, he sought for allowing these appeals. - 8 - HC-KAR NC: 2025:KHC:52941 CRL.A No. 1065 of 2013 C/W CRL.A No. 1083 of 2013 6. Though the offence under Section 307 is not compoundable, in view of the provisions of Section 482, this Court can exercise the power to compound the offence. In this regard, the learned counsel for the appellants has relied on the decision of the Hon'ble Apex Court in the case of Naushey Ali and others are State of UP and another decided on 11.02.2025 in Criminal Appeal No.660/2025. 7. Considering the wound certificate, the injuries caused to the injured as shown in the wound certificate Ex.P5 and considering the special features of the case and taking into account the settlement on record, it is just and proper to allow these applications filed by the appellants and injured. 8. Hence, I proceed to pass the following: ORDER (i) Applications filed under Sections 320(3) and 320(8) r/w 482 of Cr.P.C, in both cases are allowed. (ii) The judgments of Conviction and Order on Sentence passed by the I Additional Sessions Judge, Chikkamagaluru in S.C.Nos.26/2010 and 100/2010 - 9 - HC-KAR NC: 2025:KHC:52941 CRL.A No. 1065 of 2013 C/W CRL.A No. 1083 of 2013 on 24.10.2013 are set-aside for the offence under Section 307 r/w 34 IPC. (iii) Injured-M.V. Sadashiva/respondent No.2 is permitted to compound the offence. Accused are acquitted of the offence under Section 307 r/w 34 IPC. (iv) The trial Court is directed to refund the deposited fine amount to the accused in their favour and as per their relevant Act and rules. (v) The Registry is directed to send the copy of this order along with TCR to the trial Court. Sd/- (G BASAVARAJA) JUDGE RL List No.: 1 Sl No.: 37