- 1 - HC-KAR NC: 2026:KHC-D:1229 CRL.A No. 100406 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL NO. 100406 OF 2025 (C) BETWEEN: OMPRAKASH H. S/O H. ERANNA, AGE. 21 YEARS, OCC. SHOP EMPLOYEE NEAR ERANNA TEMPLE, CHIKKAJANTHAKAL, TQ. GANGAVATHI, DIST. KOPPAL-583227. …APPELLANT (BY SRI. J.S. SHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY GANGAVATHI RURAL POLICE STATION, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL APPEAL IS FILED U/S 374 (2) OF CR.P.C. AND SEC. 415 (2) OF BNSS), PRAYING THAT THE ORDER OF CONVICTION DATED 06.06.2025 AND SENTENCE DATED 09.06.2025, PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL (SITTING AT GANGAVATHI) IN S.C NO.41/2023, FOR THE OFFENCE PUNISHABLE UNDER SECTION 307 AND 506 OF THE INDIAN PENAL CODE, MAY BE SET ASIDE BY ALLOWING THIS APPEAL AND ACQUITTING THE APPELLANT/ACCUSED FROM THE CHARGES FRAMED AGAINST HIM, IN THE ENDS OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1229 CRL.A No. 100406 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Appellant and injured complainant are present. 2. Joint memo is filed. 3. On enquiry with the complainant, he submits that he has recovered from the injury in toto and appellant was his friend and on account of some trivial issue, incident has occurred at the spur of the moment and he has no objection for modification of the sentence. 4. Since the offence for which the appellant has been convicted cannot be compounded nor allowed to be compromised even by exercising powers under Section 482 Cr.P.C., appeal can be disposed of by modifying the sentence in view of the statement made by the complainant-injured and the contents of the joint memo. 5. Further, appellant is now aged 25 years and he is pursuing his second year in ITI (Electric) apart from serving in his father's hotel. - 3 - HC-KAR NC: 2026:KHC-D:1229 CRL.A No. 100406 of 2025 6. Taking note of the fact that every sinner has a future and allowing a chance for the appellant to become a dutiful and law-abiding citizen in future, this Court is of the considered opinion that custody already undergone by him if treated as imprisonment by enhancing the fine amount in a sum of ₹20,000/-, payable to the State would meet the ends of justice as the defacto complainant made a submission that he doesn't expect any compensation from the appellant. 7. Hence, following: ORDER i. Placing the joint memo on record, appeal stands allowed partly. ii. While maintaining the conviction of the appellant for the offences punishable under Section 307 and 506 of IPC, custody period already undergone by the appellant is treated as period of imprisonment by enhancing the fine amount in a sum of ₹20,000/- payable on or before 28.02.2026. - 4 - HC-KAR NC: 2026:KHC-D:1229 CRL.A No. 100406 of 2025 iii. If the appellant fails to make the payment of enhanced fine amount of ₹20,000/-, he shall undergo simple imprisonment for a period of six months. iv. Office is directed to return the trial Court records with copy of this Order forthwith for issue of modified conviction warrant. In view of disposal of the appeal, pending interlocutory applications, if any stands consigned to records. Sd/- (V.SRISHANANDA) JUDGE CLK Ct-cmu LIST NO.: 3 SL NO.: 77