IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 261 OF 2014 BETWEEN:

SHANTHAIAH S/O CHITTAIAH, AGED ABOUT 34 YEARS, R/O MADAKI VILLAGE, ALANDA TALUK, GULBURGA DISTRICT-585 302.

(SPLIT UP ACCUSED NO.3 IN S.C.NO.53/2002)

(ACCUSED BEFORE SESSIONS COURT)

(NOW IN JUDICIAL CUSTODY)

…APPELLANT (BY SRI. UMESH.D.B., ADV. FOR SRI. RAVINDRA B DESHPANDE, ADV.)

AND:

Digitally signed by THE STATE OF KARNATAKA BY SHARADAVANI HIRIYUR POLICE STATION B Location: High (DY. S.P. HIRIYUR SUB-DIVISION, HIRIYUR-572 143.

Court of Karnataka (COMPLAINANT BEFORE SESSIONS COURT)

…RESPONDENT (BY SRI. RANGASWAMY.R., HCGP)

THIS CRL.A. FILED U/S. 374(2) CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED:19/26.2.14 PASSED BY THE ADDL. DIST., AND S.J., AND SPL. JUDGE (SC/ST (PA) ACT), CHITRADURGA IN SPL.C.NO.15/12 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 143, 147, 148, 324, 504 R/W 149 OF IPC AND ETC.

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

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

The appellant/accused No.3 has preferred this appeal against judgment of conviction and order of sentence passed by the Additional District and Sessions Judge and Special Judge (SC/ST (PA) Act), Chitradurga in Special Case No.15/2012 dated 19/26.02.2014.

2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.

3. The brief facts leading to this appeal are that the Dy.S.P., Hiriyur Sub-Division, Hiriyur, has submitted charge sheet against the accused Nos.1 to 8 for the offences punishable under Sections 143, 147, 148, 504, 324, 307 read with Section 149 of IPC and Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (PA) Act, 1989'). It is alleged by the prosecution that on 06.08.2001 at afternoon 1.00 p.m., PWs.1 to 9 and other female members who are President and Members of various Women's Self-Help Organization had held procession demanding to close arrack and wine shops in and around the Adivala village and accordingly procession was coming in front of the shop of Ravi Wines at Adivala village and thereafter the other accused in S.C.No.53/2002 who are acquitted along with this accused, came in Jeep and Car by holding deadly weapons like Iron rods, clubs, cycle chain and etc., and suddenly attacked on PWs.1 to 9 and other female members of the said organizations and also abused with reference to caste of PWs.1 to 9 and thus attempted to commit the murder and if the present accused and other accused succeeded in their attempt, the death would have been caused. Therefore, with this allegation complaint was lodged as per Ex.P2.

4. After investigation, the Investigating Officer submitted the charge sheet against accused for the offences under Sections 143, 147, 148, 504, 324, 307 read with Section 149 of IPC and under Section 3(1)(xi) of the SC/ST (PA) Act, 1989. The accused appeared before the Special Court and obtained bail. The trial Court has framed the charges against this accused for the alleged commission of offences and explained to the accused, for which he pleaded not guilty and claimed trial.

5. To prove the guilt of the accused, the prosecution has examined 17 witnesses as PWs.1 to 17 and 23 documents were got marked at Exs.P1 to P23 and material objects at M.Os.1 to 8. On closure of prosecution evidence, the statement of accused under Section 313 of Cr.P.C., was recorded. Accused has totally denied the evidence of prosecution. However, he has not chosen to lead any defence evidence on his behalf but he has specifically stated that false case is filed against him and has not committed any offence.

6. Having heard the arguments of both sides, the trial Court has convicted the accused for the offences punishable under Sections 143, 147, 148, 324, 504 read with Section 149 of IPC. Being aggrieved by this judgment of conviction and sentence p