- 1 - HC-KAR NC: 2026:KHC-D:981 CRL.A No. 100065 of 2016 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL NO. 100065 OF 2016 (C) BETWEEN: 1. SRI. MANJUNATH S/O BHIMAPPA MADINAL AGE: 29 YEARS, OCC: ATTENDER, R/O: SANGONDI VILLAGE, TAL AND DIST: BAGALKOTE. 2. SRI. SIDDAPPA S/O GIRIYAPPA MADINAL AGE: 31 YEARS, OCC: AGRICULTURE, R/O: SANGONDI VILLAGE, TAL AND DIST: BAGALKOTE. ABATED 3. SRI. SANGONDEPPA S/O MALIYAPPA KALLIMANI AGE: 48 YEARS, OCC: AGRICULTURE, R/O: SANGONDI VILLAGE, TAL AND DIST: BAGALKOTE. 4. SRI. SANGAPPA S/O MALIYAPPA KALLIMANI AGE: 35 YEARS, OCC: DRIVER, R/O: SANGONDI VILLAGE, TAL AND DIST: BAGALKOTE. 5. SRI. PUNDAPPA S/O BHIMAPPA KALLIMANI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: SANGONDI VILLAGE, TAL AND DIST: BAGALKOTE. SINCE DECEASED AND APPEAL ABATED AGAINST APPELLANT NO.5 …APPELLANTS (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:981 CRL.A No. 100065 of 2016 AND: THE STATE OF KARNATAKA THROUGH BAGALKOT RURAL POLICE STATION, NOW REPRESENTED BY SPP. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL APPEAL IS FILED U/SEC.374(2) OF CR.P.C., PRAYING TO CALL FOR THE RECORDS IN SESSIONS CASE NO.14/2013 AND SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 21/01/2016 PASSED BY THE II ADDL. DIST. & SESSIONS JUDGE, BAGALKOT IN SESSIONS CASE NO.14/2013 FOR THE OFFENCE PUNISHABLE U/SEC.143, 147, 148, 441, 326, 504 & 506 R/W 149 OF IPC AND ACQUIT THE APPELLANTS, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Appellants are present before the Court. 2. The defacto complainant is present. 3. PW-1, PW-5 and PW-6, are injured persons. They are present before the Court. 4. A compounding application came to be filed in respect of the offences 143, 147, 148,441, 326, 504 and 506 read with 149 of IPC, 1860. 5. The accused/appellants and PW-1, PW-5 and PW-6 are relatives. - 3 - HC-KAR NC: 2026:KHC-D:981 CRL.A No. 100065 of 2016 6. The incident has occurred at the spur of the moment. Even though the trial Judge has convicted the appellants for the offence under Section 326 of the IPC, due to non- production of the X-ray certificate or Radiological report, the conviction under Section 326 of the IPC is unsustainable, in view of the Judgment of the Division of this Court in the case of State vs. Sheenappa Gowda and Others1. 7. Therefore, the conviction under Section 326 of the IPC needs to be scaled down from Section 326 of IPC to Section 324 of the IPC, which is compoundable with the permission of the Court. 8. In view of the true settlement arrived between the parties, which is voluntary in nature, and also taking note of the fact the relationship between the appellants and PW-1, PW-5 and PW-6, the application needs to be allowed by following the dictum of the Hon'ble Apex Court in the case of Ramgopal and another vs. State of Madhya Pradesh2. 1 2010 SCC OnLine KAR 5294 2 (2022) 14 SCC 531 - 4 - HC-KAR NC: 2026:KHC-D:981 CRL.A No. 100065 of 2016 9. Accordingly, the following order is passed: ORDER (i) The I.A.No.1/2024 filed under Section 320(2) read with 482 of the Code of Criminal Procedure is hereby allowed. (ii) Consequently, the order of conviction recorded by the learned Sessions Judge in SC No.14/2013 is hereby set-aside. (iii) The accused/appellants are set at free, if not required in any other case. (iv) Bail bonds, if any, shall stand cancelled. (v) Permission is granted to compound the offence, by directing the amount of ₹.75,000/- as compensation to PW-1, PW-5 and PW-6 equally, i.e. in a sum of ₹.25,000/- each, under due identification. Sd/- (V.SRISHANANDA) JUDGE RHR/-Ct-cmu LIST NO.: 4 SL NO.: 5