IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REFERRED CASE NO.2/2024 C/W CRIMINAL APPEAL NO.2216/2024 CRIMINAL APPEAL NO.2246/2024 IN CRIMINAL REFERRED CASE NO.2/2024:

BETWEEN:

1 . THE REGISTRAR GENERAL HIGH COURT OF KARNATAKA BENGALURU-560 001. … COMPLAINANT (BY SMT. RASHMI JADHAV, ADDL. SPP)

AND:

1 . MR. JAYBAN ADIVASI @ JAY SINGH AGED ABOUT 25 YEARS, 2 . MR. MUKESH SINGH AGED ABOUT 23 YEARS, 3 . MR. MANISH THIRKI AGED ABOUT 42 YEARS, 4.

… RESPONDENTS (BY SRI. VIKRAM RAJ A., ADVOCATE FOR R1;

SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE FOR R2 AND R3;

SRI. TEJAS N., ADVOCATE FOR R4 [APPOINTED AS AMICUS CURIAE])

THIS CRIMINAL REFERRED CASE IS REGISTERED AS REQUIRED UNDER SECTION 366(1) OF CR.P.C. FOR CONFIRMATION OF THE SENTENCE OF DEATH PENALTY IMPOSED ON THE ACCUSED NO.1 - JAYBAN ADIVASI @ JAY SINGH, AGED ABOUT 25 YEARS, S/O JITENDRA SINGH @ SRIJITH SINGH, R/AT JUDAMADAYAR, SALIHA VILLAGE, KHALDA, PAVAYI TEHISIL, PANNA DISTRICT, MADHYA PRADESH STATE, ACCUSED NO.2 - MUKESH SINGH, AGED ABOUT 23 YEARS, S/O ESHWARI SINGH BIRBAHI, R/AT KALDA BACCHAN POST, PANNA DISTRICT, MADHYA PRADESH STATE AND ACCUSED NO.3 - MANISH THIRKI, AGED ABOUT 42 YEARS, S/O JAGADISH THIRKI, R/AT 3-132, OLD G TYPE, KHULARI, RANCHI, JHARKAND STATE, PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-II (POCSO), D.K., MANGALURU, CONVICTION SPL.CASE.NO.10/2022 BY THE JUDGMENT OF CONVICTION DATED 29.10.2024 AND ORDER OF SENTENCE DATED 07.11.2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 120B R/W SECTIONS 376DB, 366A, 377, 376DB OF IPC AND SECTION 6 OF POCSO ACT, 302 AND 201 R/W 34 OF IPC.

IN CRIMINAL APPEAL NO.2216/2024:

BETWEEN:

1 . MR. MUKESH SINGH AGED ABOUT 23 YEARS

2 . MR. MANISH THIRKI, AGED ABOUT 42 YEARS, … APPELLANTS (BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA THROUGH MANAGALURU RURAL POLICE STATION REPRESENTED BY STATE PUBHLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001.

2 .

… RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1;

SRI. TEJAS N. AMICUS CURIEA FOR R2)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

374(2)OF CR.P.C PRAYING TO SET ASIDE THE JUDGEMENT DATED 29.10.2024 AND ORDER OF SENTENCE DATED 07.11.2024 IN SPL.C.NO.10/2022, PASSED BY THE HON’BLE COURT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-II (POCSO) D.K., MANGALURU, FOR OFFENCES PUNISHABLE UNDER SECTIONS 302, 376DB, 120(B), 366(A), 377, 201 R/W 34 OF IPC, SECTION 6 OF POCSO ACT, AND ACQUITTAL OF THE APPELLANT IN THE ABOVE CASE.

IN CRIMINAL APPEAL NO.2246/2024:

BETWEEN:

1 . MR. JAYBAN ADIVASI @ JAY SINGH AGED ABOUT 25 YEARS … APPELLANT (BY SRI. VIKRAM RAJ A., ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA THROUGH MANGALRUU RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001.

2 .

… RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1;

SRI. SANTHOSH N., ADVOCATE FOR R2)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)

OF CR.PC (FILED U/S 415(2) BNSS) PRAYING TO SET ASIDE THE JUDGMENT DATED 29.10.2024 AND ORDER OF SENTENCE DATED 07.11.2024 IN SPL.C.NO.10/2022 PASSED BY THE HON’BLE COURT OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-II (POCSO) MANGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 376DB, 120B, 366A, 377, 201 R/W 34 OF IPC AND SECTION 6 OF POCSO ACT AND ORDER THE ACQUITTAL OF THE APPELLANT IN THE ABOVE CASE.

THIS CRIMINAL REFERRED CASE AND APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 20.01.2026 THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE VENKATESH NAIK T CAV ORDER (PER: HON'BLE MR. JUSTICE H.P.SANDESH)

Heard Smt. Rashmi Jadhav, learned Additional SPP for the complainant/State and Sri Vikram Raj A., learned counsel for respondent No.1, Sri Ashwin Joyston Kutinha, learned counsel for respondent Nos.2 and 3 and Sri Tejas N., learned counsel appointed as Amicus Curie for respondent No.4 in Crl.R.C.No.2/