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2026 DAILYLAW 10833 (KAR)

MURTHY v. STATE OF KARNATAKA

CRL.RP/451/2026 · 2026-04-28

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23779 CRL.RP No. 451 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 451 OF 2026 (397(Cr.PC) / 438(BNSS) BETWEEN: 1. MURTHY (A-1) S/O PUTTAPPA AGED ABOUT 64 YEARS R/AT HONNENAHALLI VILLAGE K. R. NAGAR TALUK MYSURU DISTRICT - 571 604. 2. RATHNAMMA (A-) W/O MURTHY AGED ABOUT 52 YEARS R/AT HONNENAHALLI VILLAGE K.R. NAGAR TALUK MYSURU DISTRICT - 571 604. 3. ASHOKA (A-3) S/O MURTHY AGED ABOUT 33 YEARS R/AT HONNENAHALLI VILLAGE K. R. NAGAR TALUK MYSURU DISTRICT - 571 604. 4. PUNITH (A-4) S/O. VEERABHADRAPPA AGED ABOUT 33 YEARS R/AT KEDAGA VILLAGE K.R. NAGAR TALUK MYSURU DISTRICT - 571 604. 5. VEERBHADRAPPA (A-5) S/O CHANNABASAPPA AGED ABOUT 57 YEARS R/AT KEDAGA VILLAGE K. R. NAGAR TALUK MYSURU DISTRICT - 571 604. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23779 CRL.RP No. 451 of 2026 6. RAVI @ RAVICHANDRA (A-6) S/O LATE VEERAPPAJI AGED ABOUT 46 YEARS R/AT SANKANAHALLI VILLAGE K.R. NAGAR TALUK MYSURU DISTRICT - 571 602. …PETITIONERS (BY SRI OMKAR MUTTAGI, ADV, FOR SRI SHARAS CHANDRA M, ADV.) AND: STATE OF KARNATAKA BY SALIGRAMA P.S. (REP. BY SPP HIGH COURT OF KARNATAKA) …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER DATED 16.02.2026 IN CRL.A.NO.130/2018 PASSED BY THE VIII ADDL.DISTRICT AND SESSIONS JUDGE, MYSURU SITTING AT HUNSUR AND ORDER DATED 08.06.2018 PASSED BY THE PRL.CIVIL JUDGE AND J.M.F.C KRISHNARAJANAGAR IN C.C.NO.759/2014 AND CONSEQUENTLY ACQUIT THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri Sharass Chandra, learned counsel for the petitioners and Smt. Waheeda M M, learned High Court Government Pleader. - 3 - HC-KAR NC: 2026:KHC:23779 CRL.RP No. 451 of 2026 2. At the outset, Sri Sharass Chandra, learned counsel for the petitioners would submit that the complainant, who is examined as PW1 in the case and the injured, who is examined as PW2 being the cousins with the accused persons, have amicably settled the matter and they are now having the good and cordial relationship and they are living life harmoniously forgetting the bad incident that occurred in the year 2014. 3. He would further contend that taking note of the same, the imprisonment for the offence under Section 326 IPC ordered by the trial Court may be set aside by directing the petitioners to pay enhanced fine amount. 4. Per contra, Smt. Waheeda M M, learned HCGP would contend that offence under Section 326 is non- compoundable in nature and basically it is against the State and later on consequently PW2 is injured in the incident and therefore, request of the petitioner cannot be granted. 5. Having taken note of the attendant facts and circumstances of the case and also petitioners being the - 4 - HC-KAR NC: 2026:KHC:23779 CRL.RP No. 451 of 2026 agriculturists and ought to live harmoniously with PW1 and PW2 in future also, this Court is of the concerned opinion that, if the sentence ordered by the trial Magistrate confirmed by the First Appellate Court is modified by directing the petitioners to undergo simple imprisonment for the day and to pay enhanced fine amount of ₹.25,000/- each apart from fine amount already deposited before the trial Court, ends of justice would be met. 6. Out of the fine amount, if a sum of ₹.1,00,000/- is paid as compensation to PW2, ends of justice would be met. 7. Accordingly, the following:- ORDER (i) Criminal Revision Petition is allowed in part while maintaining the conviction of the accused for the offences punishable under Sections 143, 147, 341, 326, 323 & 506 R/w Section 149 IPC, the sentence ordered by the trial Magistrate confirmed by the First Appellate Court is modified by directing the petitioners to undergo simple imprisonment for the day till the - 5 - HC-KAR NC: 2026:KHC:23779 CRL.RP No. 451 of 2026 rising of the Court and to pay a enhanced fine amount ₹.25,000/- each on or before 31.05.2026. (ii) Out of the fine amount recovered sum of ₹.1,00,000/- is ordered to be paid as compensation to PW2 - injured, under due identification. (iii) Balance sum shall be appropriated towards the defraying expense of the State. (iv) If the petitioners failed to pay the enhanced fine amount on or before 31.05.2026, they shall undergo imprisonment ordered by trial Magistrate confirmed by the First Appellate Court. (v) Office is directed to return the trial Court records with copy of this order forthwith, for issue of modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE NMS/List No.: 2 Sl No.: 39