Allowed

K C Abhilash v. State by Karnataka

Karnataka HC1 Sept 2022CRL.A/903/2014

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed an application to compound offenses. Upholding a previous coordinate bench decision, the court permitted compounding despite the non-compoundable nature of Section 3(1)(x) SC/ST Act. Based on the mutual compromise and withdrawal of complaints, the court acquit the appellants and set aside the impugned judgment.

What did the court decide?

Offenses compounded; Judgment of conviction set aside; Appellants acquitted; Trial court records sent back.

K C Abhilash Vs State by Karnataka — Writ and Judicial Review | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL APPEAL NO.903 OF 2014

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BETWEEN:

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K.C. Abhilash S/o Late Kundi Chennappa Aged about 22 years Residing at Koudle Village Koppa Hobli, Maddur Taluk Pin Code-571425.

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Narayana S/o Narasimhegowda Aged about 46 years Residing at Koudle Village Koppa Hobli, Maddur Taluk Pin Code-571425.

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…Appellants

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(By Sri C.N. Raju, Advocate)

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AND:

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State by Karnataka Represented by Koppa Police Station Pin Code-571425.

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…Respondent

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(By Sri K. Rahul Rai, HCGP for respondent; Sri J.V.S. Madhukar, Advocate for victim and first informant)

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This Criminal Appeal is filed under Section 374(2) of Cr.P.C. praying to set aside the judgment and order

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:: 2 ::

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dated 15.10.2014 passed by the I Additional district and Sessions Judge, Mandya in Spl.C. No.09/2014 - convicting the appellants/accused for the offence punishable under section 323, 324 read with section 34 of IPC and under section 3(1)(X) of SC/ST (POA) Act, 1989.

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This Criminal Appeal coming on for orders this day, the Court made the following:

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ORDER

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I.A.No.1/2022 was filed on 23.08.2022 seeking permission to compound the offences. Since the injured was not a signatory to the application, the parties were directed to file one more application signed by the injured. Today, one more application under Section 482 read with Section 320(2) of Cr.P.C., has been filed.

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The first application dated 23.08.2022 is signed by the appellants, namely, K.L.Abhilash and K.M. Narayan and the first informant, namely, K.P.Chethan Kumar. The second application filed today has been signed by the appellants and also

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:: 3 ::

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the victim, Ramachandra K.P. Advocates for the

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parties have also put their signatures.

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Heard Sri C.N.Raju, learned counsel for the appellants, Sri J.V.S.Madhukar, learned counsel for the victim and the first informant so also the learned High Court Government Pleader for respondent-State.

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This appeal has been preferred

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challenging the judgment of conviction passed by the I Additional District and Sessions Judge, Mandya in Spl.C.No.09/2014 for the offences punishable under Sections 323, 324 and 504 read with Section 34 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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The prosecution case is that on 26.10.2013, at about 8.30am, near Raghavendra

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Bakery in Koudle village, the first informant was disbursing the wages and at that time, a dumb

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person asked for money. At that time accused 1 and 2 attacked the complainant and abused him by taking the name of his caste and humiliated him in the public view. It is alleged that they were assaulted on his cheek and chest and when one Chandra @ Ramachandra came to that place, accused No.1 assaulted him with a stone and accused No.2 also assaulted him to his neck voluntarily. Therefore FIR came to be registered for the offence under Section 3(1)(x) of SC/ST Act and Sections 323, 324 and 504 read with Section 34 of IPC.

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It appears that at the instance of one Pallavi W/o Anand i.e., a dumb person, a counter FIR was also registered on the same day in Crime No.193/2013 against K.P.Chethan Kumar. The counter case ended in compounding of the offences before the lok adalat held on 19.12.2020. In view of compounding of the counter case, the

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:: 5 ::

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parties have moved application for compounding of the present case.

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The offence under Section 3(1)(x) of

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SC/ST Act is not compoundable. But the co-

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ordinate bench of this court in

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Crl.P.No.200788/2018, granted permission to compound the offence taking into consideration the nature of dispute between the parties. Now if the parties have entered into compromise in the instant case, it may be stated that having regard to the fact that FIRs came to be registered in the background of small altercation in the village, there is no impediment for permitting the offences to be compounded. The injured as well as the first informant submit that they have withdrawn the complaint against the accused and they consent for compounding of offences. Hence the following:

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ORDER

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IA No.1/2022 and the joint memo filed under Section 482 read with Section 320(2) of Cr.P.C., are allowed. The offences for which the appellants have stood convicted are compounded. The judgment impugned in this appeal dated 15.10.2014 passed by the I Additional District and Sessions Judge, Mandya in Spl.C.No.09/2014 is setaside.

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The appellants/accused 1 and 2 are acquitted of the offences under Sections 323 and 324 read with Section 34 of IPC and Section 3(1)(x) of SC/ST Act.

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Send back the trial court records along with a copy of this judgment, forthwith.

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Appeal stands disposed of.

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Sd/-

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JUDGE

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Kmv/-

K C Abhilash v. State by Karnataka

Case brief

What is this about?

What did the court decide?

K C Abhilash v. State by Karnataka

Case brief

What is this about?

What did the court decide?

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