Sri Srinivas Vs State of Karnataka — Karnataka HC (2026) — LawSathi Research

Sri Srinivas Vs State of Karnataka — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Compounding applications under Sections 320(2), 320(4) and 320(8) CrPC allowed; PW2 and PW5 permitted to compound the offence; compromise recorded; judgment of conviction and order on sentence dated 08.04.2014 in Special Case No.11/2010 set aside; accused/appellants acquitted of offences under Sections 143, 147, 148, 323, 324, 504, 506 read with 149 IPC and Section 3(1)(x) of SC and ST (POA) Act, 1989.

Issue for consideration

Whether the applications IAs.II/2026 and III/2026 moved by the legal representatives of the deceased complainant under Sections 320(2), 320(4) and 320(8) CrPC to compound the offence should be allowed. +2 more

Court's answer

The applications filed under Section 320(2), read with Section 320(4) and Section 320(8) of Cr.P.C, are allowed.

Ratio / Principle

On enquiry of both parties, the Court found that the complainant and the accused entered into the compromise on their own volition and not on account of any duress.

Key takeaways

PW2 and PW5, the legal representatives of the deceased complainant, are permitted to compound the offence and the compromise is recorded.ratio¶45
The judgment of conviction and order on sentence dated 08.04.2014 passed in Special Case No.11/2010 by the Additional District and Sessions Judge and Special Judge [SC/ST (PA) Act], Chitradurga, is set aside.ratio¶48
Consequent to compounding, the accused/appellants are acquitted of the offence under Sections 143, 147, 148, 323, 324, 504, 506 read with 149 of Indian Penal Code and Section 3(1)(x) of SC and ST (POA) Act, 1989.

Detailed headnote1 paragraphs

Criminal Appeal No. 311 of 2014 under Section 374(2) CrPC challenging the conviction and sentence dated 08.04.2014 in Special Case No.11/2010 (Addl. District & Sessions Judge and Special Judge [SC/ST (PA) Act], Chitradurga) for offences under Sections 143, 147, 148, 504, 324, 323, 506 read with 149 IPC and Section 3(1)(x) of the SC/ST (PA) Act, 1989. After the complainant PW1-Gangadharappa died on 23.09.2022, his legal representatives PW2 and PW5 applied under Sections 320(2), 320(4) and 320(8) CrPC to compound the offence, stating that on the advice of village elders the parties, being adjacent landowners, had compromised. On enquiry the Court recorded that the compromise was voluntary and free of duress; keeping in mind Ramawatar v. State of Madhya Pradesh (Supreme Court, Criminal Appeal No.1393/2011, decided 25.10.2021) and invoking Section 482 CrPC, it allowed the applications, permitted PW2 and PW5 to compound the offence, recorded the compromise, set aside the judgment of conviction and order on sentence, acquitted the accused/appellants of all the aforesaid offences, and disposed of the appeal.

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NC: 2026:KHC:10083 CRL.A No. 311 of 2014

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 311 OF 2014 (C)

BETWEEN:

SRI SRINIVAS S/O SANNERAPPA AGED ABOUT 29 YEARS R/A SOMERAHALLI HIRIYUR TALUK CHITRADURGA DISTRICT-577522.

SRI CHITRALINGAPPA S/O SANNERAPPA AGED ABOUT 24 YEARS R/A SOMERAHALLI HIRIYUR TALUK

CHITRADURGA DISTRICT-577522.

Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

SRI THIMMANNA S/O CHIKKANNA AGED ABOUT 44 YEARS R/A SOMERAHALLI HIRIYUR TALUK CHITRADURGA DISTRICT-577522.

SRI RAMANNA S/O CHIKKANNA AGED ABOUT 39 YEARS R/A SOMERAHALLI HIRIYUR TALUK CHITRADURGA DISTRICT-577522.

SRI MAHESH S/O SANNERAPPA AGED ABOUT 32 YEARS R/A SOMERAHALLI

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NC: 2026:KHC:10083 CRL.A No. 311 of 2014

HC-KAR

HIRIYUR TALUK CHITRADURGA DISTRICT-577522.

…APPELLANTS

(BY SRI. M.T. JAGAN MOHAN, ADVOCATE)

AND:

STATE OF KARNATAKA

BY HIRIYUR POLICE STATION (DY SP HIRIYUR SUB DIVISION, HIRIYUR REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01.

…RESPONDENT

(BY SRI. M.DIWAKAR MADDUR, ADVOCATE)

THIS CRL.A. IS FILED U/S.374(2) CR.P.C BY THE ADV. FOR THE APPELLANTS/ACCUSED NO.1 TO 5 PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 8.4.2014 PASSED BY THE ADDL. DIST. AND S.J. AND SPL. JUDGE (SC/ST (PA) ACT), CHITRADURGA IN SPL. CASE NO.11/2010 - CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCE P/U/S 143,147,148,504,324,323,506 R/W 149 OF IPC AND SEC.3(1)(x) OF SC/ST (PA) ACT, 1989 AND ETC.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

3 - NC: 2026:KHC:10083 CRL.A No. 311 of 2014

HC-KAR

ORAL JUDGMENT

All accused present.

PW1-Gangadharappa is reported to be dead. Death Certificate of Gangadharappa is also produced, which reveals that he died on 23.09.2022. PW2 and PW5 are the

Legal Representatives of deceased Gangadharappa.

Applications IAs.II/2026 and III/2026 are filed under Section 320(2) read with Section 320(4) of the Code of Criminal Procedure to compound the offence and Section 320(8) of the Code of Criminal Procedure, respectively.

It is stated in the application that, on advice of elderly people in the village, both the complainant and accused have compromised, as they are adjacent owners of the land.

On enquiry of both parties, this Court ensures that the complainant/accused have entered into compromise

on their own volition and not on account of any duress.

4 - NC: 2026:KHC:10083 CRL.A No. 311 of 2014

HC-KAR

Considering the compromise entered into by both

parties and also keeping in the mind the judgment of the Hon'ble Supreme Court in Criminal Appeal No.1393/2011 RAMAWATAR v. STATE OF MADHYA PRADESH decided on 25.10.2021 and invoking the power under Section 482 of the Code of Criminal Procedure, I proceed to pass the following:

O R D E R

(i) Applications filed under Section 320(2), read with Section 320(4) and Section 320(8) of Cr.P.C, are allowed ;

(ii) PW2 and PW5 are permitted to compound

the offence;

(iii) Compromise recorded;

(iv) The judgment of conviction and order on sentence dated 08.04.2014 passed in Special Case No.11/2010 by the Additional District and Sessions Judge and Special Judge [SC/ST (PA) Act], Chitradurga, is set aside;

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NC: 2026:KHC:10083 CRL.A No. 311 of 2014

HC-KAR

(v) Accused/appellants are acquitted of the offence under Sections 143, 147, 148, 323, 324, 504, 506 read with 149 of Indian Penal Code and Section 3(1)(x) of SC and ST (POA) Act, 1989.

(vi) Appeal is accordingly disposed of.

Sd/(G BASAVARAJA) JUDGE

DHA List No.: 1 Sl No.: 62