IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL APPEAL No.200008 OF 2022 (372(Cr.PC)/413(BNSS))

BETWEEN:

SHIVAPRASD S/O LINGANNA, AGED ABOUT 32 YEARS, OCC: AGRICULTURE, R/O. JATTI LINE HOUSE NO.27/9, HATTI CAMP, TQ.LINGASUGUR, DIST. RAICHUR.

…APPELLANT (BY SRI. MAHANTESH PATIL, ADVOCATE)

AND:

1. SHARANABASAVA S/O YALLAPPA, AGED ABOUT 35 YEARS, OCC: BUSINES, 2. BASAVRAJ @ RAJA S/O ERANNA, AGED ABOUT 29 YEARS, OCC: STUDENT, BOTH ARE R/O. H.NO.5/1 JATTI LINE, HATTI CAMP TQ. LINGASUGUR, DIST. RAICHUR.

3. PRAVEEN S/O SELVAM, AGED ABOUT 28 YEARS, OCC: STUDENT, R/O. GANDHI GROUND HATTI CAMP, TQ.LINGASUGUR, DIST. RAICHUR-584101.

4. THE STATE OF KARNATAKA THROUGH LINGASUGUR POLICE STATION, REPRESENTED BY ADDL. SPP, HIGH COURT KALABURAGI BENCH -585107.

…RESPONDENTS (BY SRI. SUDARSHAN M., ADVOCATE FOR R1 TO R3;

SMT. ARATI PATIL ,HCGP FOR R4)

THIS CRL.A. IS FILED U/S.372 OF CR.P.C PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE JUDGMENT AND ORDER OF THE SPECIAL COURT FOR THE CASES UNDER THE SC/ST (POA) ACT & 1^ST ADDL. SESSIONS JUDGE, RAICHUR IN SPL. CASE (ATROCITY) NO.40/2016 DATED 29.09.2021 IN ACQUITTING RESPONDENTS NO. 1 TO 3 AND TO CONVICT THE RESPONDENTS NO. 1 TO 3 FOR THE OFFENSE PUNISHABLE SECTIONS 324, 504, 506 R/W SECTION 34 OF IPC AND U/SEC. 3(1) (10) OF SC AND ST ATROCITIES) ACT, 1989, BY IMPOSING APPROPRIATE SENTENCE OF IMPRISONMENT AND COMPENSATION.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE V SRISHANANDA)

Heard Sri Mahantesh Patil, learned counsel for the appellant, Sri Sudarshan M learned counsel for respondent Nos.1 to 3 and Smt.Arati Patil, learned High Court Government Pleader.

2. Appeal by de-facto complainant challenging the Order of acquittal passed in Special Case(Atrocity) No.40/2016 dated 29.09.2021 on the file of the I Addl.

District and Sessions Judge, Raichur, against the respondent Nos.1 to 3.

3. Facts which are utmost necessary for disposal of the present appeal are as under:

A complaint came to be lodged against the respondent Nos.1 to 3 alleging that there existed a Gouthana plot at Hatti village where the grandparents of the appellant used to reside. A relative of accused No.1 started residing in the said plot by constructing a temporary shed for about 7 to 8 months earlier to lodging the complaint. The appellant said to have demanded the handing over of the plot.

4. At that juncture, respondent No.1 denied handing over of the said plot to the appellant and there was a quarrel between the appellant and accused persons. After the quarrel was pacified, enmity was nurtured between appellant and first accused.

5. When the matter stood thus, on 19.07.2015 at about 7:30 AM in Daruwala ground situated at Hatti camp, when the complainant/appellant was having a morning walk, respondent Nos.1 to 3 came there and told the complainant to have a talk with regard to construction of the shed and money to be paid etc., 6. When the said compromise talk was not accepted by the appellant, quarrel took place and respondent Nos.1 to 3 abused the appellant in filthy language taking out his caste name and caught hold of hands of the appellant and first respondent assaulted the appellant with cricket bat on the backside of the head resulting in bleeding injury. Respondent No.3 assaulted the appellant with the cricket wicket. When appellant tried to escape from the clutches of respondent Nos.1 to 3, second respondent insulted the appellant by abusing him by taking out his caste name. They also assaulted the appellant with a broken beer bottle and caused bleeding injury and gave life threat.

7. The injured got admitted to Hatti Gold Mines hospital at about 7:00 pm on 19.07.2015 and MLC report was sent to the jurisdictional police.

8. Based on the MLC report, police visited the spot and enquired the appellant and based on the complaint