IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 270 OF 2014 (C)

BETWEEN: G.S.ASHOK S/O G T SIDDAPPA AGED ABOUT 40 YEARS OCC: GRAMA PANCHAYATH MEMBER R/O BHARAMASAGARA VILLAGE CHITRADURGA TALUK PIN CODE: 577501 …APPELLANT (BY SRI. VINAYAKA S. KOTI, ADV. FOR SRI. S. S. KOTI., ADV.)

AND:

THE STATE BY BHARAMA SAGAR POLICE STATION, (DY.S.P)

CHITRADURGA SUB DIVISION, CHITRADURGA.

Digitally signed by PIN CODE: 577501 LAKSHMINARAYAN N …RESPONDENT Location: HIGH COURT OF KARNATAKA (BY SRI. B. LAKSHMAN, HCGP)

THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:11/13.3.14 PASSED BY THE ADDL. DIST. AND S.J., AND SPL. JUDGE (SC/ST (PA) ACT), CHITRADURGA IN SPL.C.NO.28/11 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 323, 324, 506 OF IPC AND SEC.3(1)(X) OF SC/ST (PA) ACT, 1989 AND ETC.

THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

1. The application filed under Section 320 read with Section 482 of Cr.P.C to permit the appellant-G.S.Ashok to compound the offence punishable under sections 323, 324, 506 of IPC and section 3(1)(x) of SC/ST (POA) Act, 1989 wherein the appellant is convicted and sentenced as per order dated 11.03.2014 in Special Case No.28/2011 on the file of the Additional District and Sessions Judge, Chitradurga.

2. This application is supported with affidavit of G.S. Ashok S/o G.T. Siddappa, in which he has clearly stated that respondent No.2 - Original complainant, agreed to resolve the disputes. Hence, he sought for allowing this application. Another application is filed under Section 320 read with 482 of Code of Criminal Procedure to permit respondent No.2-original complainant to compound the offence punishable under Section 323, 324, 506 of IPC and section 3(1)(x) of SC/ST (POA) Act, 1989, wherein the appellant is convicted and sentenced by order dated 11.03.2014 in Spl.C.No.28/2011 on the file of the Additional District and Sessions Judge, Chitradurga.

3. The joint affidavit of G.S. Ashoka S/o G.T. Siddappa and Thippeshi S/o Obaiah also filed, in which both have clearly stated that the appellant and respondent No.2- original complainant have agreed to resolve the disputes.

Hence, sought for allowing this application.

4. Copy of Aadhaar cards of both parties are also produced.

5. Learned counsel for the appellant and also respondent No.2 have submitted that the alleged commission of offence under sections 323 and 506 are compoundable in nature.

6. As per charges framed by the trial Court, it is clear that the accused has not used any weapon for the commission of offence. Ex.P5-Wound Certificate reveals that the injured has sustained injury with pain and tenderness over left side of the chest and same is simple in nature. The Wound Certificate does not reveal that the accused has used any weapon for commission of offence. Hence, the offence under Section 324 is not applicable to the case on hand.

7. In view of the decision of the Hon'ble Supreme Court in the case of RAMAWATAR vs. THE STATE OF MADHYA PRADESH passed in Criminal Appeal No.1393/2011 dated 25.10.2021, the High Court can exercise power under Section 482 of Cr.P.C to compound the offence pertaining to the commission of offence under the Penal Provision of SC/ST (POA) Act, 1989.

8. I have read and explained the contents of the affidavit filed by both parties. Both parties have agreed for compounding the offence on their own free will, without any compulsion and have entered into compromise and wish to drop the present criminal proceedings against the accused. Considering the nature and gravity of offence and also keeping in the mind the decision of the Hon'ble Supreme Court supra, I proceed to pass the following:

O R D E R

(i) The application filed under Section 320 read with section 482 of Cr.P.C filed by the appellant and respondent No.2, is a