IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 638 OF 2018 (C)

BETWEEN:

JENUKURUBARA KARIYA AGED ABOUT 39 YEARS, S/O LATE THIMMA, R/O KUMBARAKATTER HADI MALURU, BALELE, VIRAJPET TALUK, KODAGU DISTRICT-571 218.

…APPELLANT (BY SRI. H.S. SURESH, ADVOCATE)

AND:

Digitally signed by SUMA B N STATE OF KARNATAKA Location: HIGH BY THE CPI, GONIKOPPA CIRCLE POLICE, COURT OF REP. BY SPP HIGH COURT BUILDING, KARNATAKA BANGALORE-560 001.

…RESPONDENT (BY SMT. SOWMYA R., HCGP)

THIS CRIMINAL APPEAL IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 29.01.2018 AND SENTENCE DATED 30.01.2018 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI, SITTING AT VIRAJPET IN S.C.NO.45/2016 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC AND ETC.

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

CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE M.G.S. KAMAL)

This appeal is by th