- 1 - HC-KAR NC: 2026:KHC:8381 CRL.A No. 942 of 2013 C/W CRL.A No. 845 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL APPEAL NO. 942 OF 2013 (C) C/W CRIMINAL APPEAL NO. 845 OF 2013 (C) IN CRL.A NO. 942/2013 BETWEEN: BEERESHA, S/O KALYANA SWAMY AGED ABOUT 23 YEARS R/A 5TH CROSS, VINAYAKA NAGARA, HOSAKOTE TOWN BANGALORE RURAL DISTRICT …APPELLANT (BY SRI. N. JAGADISH BALIGA, ADVOCATE FOR APPELLANT) AND: STATE OF KARNATAKA BY HOSKOTE POLICE BANGALORE RURAL (REPTD. BY STATE PUBLIC PROSECUTOR) OFFICE OF ADVOCATE GENERAL, HIGH COURT BUILDING BANGALORE - 560 001 …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP FOR R1/STATE) THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 05.08.2013 PASSED BY THE I ADDL. DIST. & S.J., BANGALORE RURAL DISTRICT, BANGALORE IN S.C.NO.215/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 323, 324, 307 R/W 34 OF IPC. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR 6 MONTHS FOR THE OFFENCE P/U/S 323 OF IPC. THE Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8381 CRL.A No. 942 of 2013 C/W CRL.A No. 845 of 2013 APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR A PERIOD OF 1 YEAR FOR THE OFFENCE P/U/S 324 OF IPC. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR A PERIOD OF 8 YEARS AND PAY FINE OF RS.25,000/-, IN DEFAULT TO PAY FINE, HE SHALL UNDERGO FURTHER R.I. FOR 1 YEAR FOR THE OFFENCE P/U/S 307 OF IPC. ALL THE SUBSTANTIVE SENTENCES SHALL RUN CONCURRENTLY. THE APPELLANT/ACCUSED PRAYS THAT HE BE ACQUITTED. IN CRL.A NO. 845/2013 BETWEEN: 1. MANJUNATHA S/O RAJAPPA AGED ABOUT 20 YEARS R/AT GANGAMMANAGUDI ROAD BANGALORE RURAL DISTRICT-562114. 2. NAVEENA @ DUMMA S/O KRISHNAPPA AGED ABOUT 19 YEARS R/AT BEHIND FOREST OFFICE V V LAYOUT, HOSKOTE TOWN BANGALORE RURAL DISTRICT-562114. 3. RANA @ KENCHA S/O SUBRAMANI AGED ABOUT 20 YEARS R/AT KEB QUARTERS HOSKOTE TOWN - 562114. …APPELLANTS (BY SRI. SUDHINDRA B.S., ADVOCATE FOR APPELLANT NO.1 & 3. SRI. N. JAGADISH BALIGA, ADVOCATE FOR APPELLANT NO.2) AND: STATE OF KARNATAKA BY HOSKOTE POLICE BANGALORE RURAL-562114. (REPTD. BY LEARNED - 3 - HC-KAR NC: 2026:KHC:8381 CRL.A No. 942 of 2013 C/W CRL.A No. 845 of 2013 STATE PUBLIC PROSECUTOR) …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP FOR RESPONDENT/STATE) THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 05.08.2013 PASSED BY THE I ADDL. DIST. & S.J., BANGALORE RURAL DISTRICT, BANGALORE IN S.C.NO.215/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 323, 324, 307 R/W 34 OF IPC. THE APPELLANTS/ACCUSED ARE SENTENCED TO UNDERGO R.I. FOR A PERIOD OF 6 MONTHS FOR AN OFFENCE P/U/S 323 OF IPC. THE APPELLANTS/ACCUSED ARE SENTENCED TO UNERGO R.I. FOR 1 YEAR FOR THE OFFENCE P/U/S 324 OF IPC. THE APPELLANT/ACCUSED ARE SENTENCED TO UNDERGO R.I. FOR 8 YEARS AND PAY FINE OF RS.25,000/-, IN DEFAULT TO PAY FINE, EACH ONE OF ALL THEM SHALL UNDERGO FURTHER R.I. FOR A PERIOD OF 1 YEAR FOR THE OFFENCE P/U/S 307 OF IPC. ALL THE SUBSTANTIVE SENTENCES SHALL RUN CONCURRENTLY. THE APPELLANTS/ACCUSED PRAYS THAT THEY BE ACQUITTED. THESE CRIMINAL APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL JUDGMENT Learned counsel for the appellant has filed an application under Section 320(1) of the Code of Criminal Procedure, 1973 - 4 - HC-KAR NC: 2026:KHC:8381 CRL.A No. 942 of 2013 C/W CRL.A No. 845 of 2013 (for short 'Cr.P.C') seeking permission to compound the offences. 2. The informant - Sri. L. Srinivasa, is present before the Court and he is identified by his learned counsel Sri.N.V.Nagesh. The informant has sworn an affidavit which reads as under: "AFFIDAVIT I, L. Srinivasa, Aged 46 years, Son of Sri. Lakshmana Auto Driver, residing at Hoskote Town, Bengaluru Rural District, do hereby make oath and state as follows:- 1. I say that I am the Injured in the said incident dated 15-02-2012. Due to the difference of opinion, Complaint came to be filed. The Appellants were convicted and are in Judicial Custody. 2. I say that I am Auto driver by profession and the Appellants are also drivers by Profession. After the intervention of the Village Head, we sorted out the differences between us and agreed to lead decent cordial life in the Village. As compensation for the medical expenses, I received Rs 75,000/-from the Appellants and I declare that I have no claim whatsoever against the Appellant. 3. I say that this Compromise is entered by my free-will and wish and without any compulsion from anybody. As we settled, the Appeal may be disposed as per our Application filed for Compounding of Offences. I solemnly affirm and state that this is my Name and signature and the contents of this Affidavit are true." 3. The informat - Sri. L. Srinivasa, admits the contents of the affidavit and submits that he had received - 5 - HC-KAR NC: 2026:KHC:8381 CRL.A No. 942 of 2013 C/W CRL.A No. 845 of 2013 Rs.75,00,000/- towards hospital charges and he has no objection to allow the appeal and to acquit the accused as the dispute is amicably settled and they are residing with cordial terms. 4. The appellants in these appeals being accused Nos.1 to 4 have been convicted for the offences punishable under Sections 323, 324, 307 read with 34 of IPC by the Trial Court. They have preferred these appeals impugning the judgment of conviction and order of sentence. This Court vide judgment dated 12.06.2025 dismissed the appeals and confirmed the judgment of conviction and order of sentence. Being aggrieved by the same, the appellants have approached the Hon'ble Apex Court, which remanded the matter to this Court to hear afresh. In the mean time, the dispute between the parties is settled amicably and the application is filed seeking permission to compound the offence. 5. On these facts of the case, it is found that the appellants and the informant are residents of the same village and the dispute between them is settled amicably and they are residing with cordial terms. Compensation of Rs.75,00,000/- is - 6 - HC-KAR NC: 2026:KHC:8381 CRL.A No. 942 of 2013 C/W CRL.A No. 845 of 2013 paid to the informant - PW.1 towards hospital charges. Considering these facts and circumstances and also in view of the facts that the informant - PW.1 has no objection to allow the appeal, I deem it appropriate to allow the application and accord permission to compound the offence. Accordingly, IA.No.1/2026 filed under Section 320(1) of Cr.P.C is allowed. 6. The parties are permitted to compound the offence. 7. The submissions and affidavit are placed on record and the same is accepted. 8. In view of the above, I pass the following: ORDER i) The appeals are allowed. ii) The judgment of conviction and order of sentence dated 05.08.2013 passed by the I Additional District and Sessions Judge, Bangalore Rural District, Bangalore is hereby set aide. iii) The appellants - accused Nos.1 to 4 herein are acquitted for the offences punishable under - 7 - HC-KAR NC: 2026:KHC:8381 CRL.A No. 942 of 2013 C/W CRL.A No. 845 of 2013 Sections 323, 324, 307 read with Section 34 of IPC. iv) Bail bonds executed by the appellants and their sureties stands discharged. v) The appellants who are said to be in judicial custody are ordered to be released forthwith, if they are not required in any other case. vi) The fine amount deposited, if any, ordered to be refunded to the appellants. Registry is directed to send back the Trial Court records along with the copy of this judgment for information and needful action. Sd/- (M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 3