IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO. 623 OF 2018 (A)

BETWEEN:

STATE OF KARNATAKA BY DEPUTY SUPERINTENDENT OF POLICE, SOMWARPET SUB-DIVISION, SOMWARPET POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.

…APPELLANT (BY SMT. RASHMI JADHAV, ADDL. SPP (P/H))

AND: Digitally signed by LAKSHMI T 1. SMT. LAKSHMI Location:

W/O SANNAPPA @ THAMMANNI, High Court of Karnataka AGED ABOUT 43 YEARS, COOLIE, R/O SHANTHALLI VILLAGE & POST, SOMWARPET TALUK-571 236.

2. SRI. UDRALLI P. PRASANNA KUMAR @ PRASANNA S/O U.S. PUTTASWAMY, AGED 26 YEARS, AGRICULTURIST, R/O THALTHARE SHETTALLI VILLAGE, SOMWARPET TALUK-571 236.

3. SMT. S.B. SHARADA W/O RAMA, AGED ABOUT 55 YEARS, R/AT MANGALADEVI NAGARA, MADIKERI.

…RESPONDENTS (BY SRI. N.S. SAMPANGI RAMAIAH, ADVOCATE FOR R1 AND R2;

(V/C/O DTD: 14.10.2025 APPOINTED AS AMICUS CURIAE) (P/H) FOR R1;

SRI. SHIVARAJ N. ARALI, ADVOCATE FOR R3 (P/H))

THIS CRL.A. IS FILED U/S.378(1) AND (3) CR.P.C., PRAYING TO: (A) GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 07.10.2017 PASSED BY THE COURT OF THE PRL. SESSIONS & SPECIAL JUDGE, KODAGU, MADIKERI SPL.C (ATROCITY) NO.28/2015, ACQUITTING THE ACCUSED OF THE OFFENCES PUNISHABLE UNDER SECTIONS 302, AND 201 R/W 34 OF IPC., 3(2)(V) OF SC/ST (POA) ACT 1989; B) SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 07.10.2017 PASSED BY THE COURT PRL. SESSIONS & SPECIAL JUDGE, KODAGU, MADIKERI IN SPL.CASE.NO.28/2015, ACQUITTING THE ACCUSED OF THE OFFENCES PUNISHABLE UNDER SECTIONS 302, AND 201 R/W 34 OF IPC U/SEC.3(2)(V) OF SC/ST (POA) ACT 1989; C) CONVICT AND SENTENCE THE RESPONDENT-ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, AND 201 R/W 34 OF IPC AND U/SEC.3(2)(V) SC/ST (POA) ACT 1989.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

The State is in appeal against the impugned judgment and order dated 07.10.2017 passed by the Court of the Principal Sessions and Special Judge, Kodagu at Madikeri in Spl.Case (Atrocity) No.28/2015, thereby acquitting accused Nos.1 and 2 of the offences punishable under Sections 302, 201 of Indian Penal Code, 1860 (for short, "IPC") and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 34 of IPC.

2. We have heard the learned Additional State Public Prosecutor appearing for appellant/State, Sri N.S.Sampangi Ramaiah, learned Amicus Curiae appearing for respondent Nos.1 and 2 and learned counsel for respondent No.3. Perused the evidence and material on record.

3. In brief, it is the case of prosecution that on

04.12.2008 at around 02.00 a.m., when accused Nos.1 and 2 were in the house of accused No.1 situated at Shanthalli Village, the deceased Sannappa @ Thammanni, husband of accused No.1 saw them together and objected to their illicit relationship. At that time, accused No.2 caught hold of the deceased and accused No.1 assaulted on his head with a mandakathi (MO.4) and committed his murder. Thereafter, they lifted the dead body from the house and kept it in the coffee estate and on 05.12.2008, shifted the dead body to the estate of Joyappa (PW20) situated at Thaltare Shettalli and buried the dead body in a pit with an intention to screen themselves from legal punishment and to cause disappearance of evidence. Further, deceased being a member of Scheduled Caste and accused No.2 being a member of other community having committed the offence under IPC against the deceased who belongs to Scheduled Caste, the said accused committed an offence punishable under Section

3(2)(v) of the SC/ST (POA) Act, 1989 r/w Section 34 of IPC.

4. Undisputedly, the present case rests entirely on circumstantial evidence.