CRL.A No. 1982 of 2018 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^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. 504 OF 2018 (C)

C/W CRIMINAL APPEAL NO. 570 OF 2018 CRIMINAL APPEAL NO. 1982 OF 2018 IN CRL.A No. 504/2018 BETWEEN:

MR. YUVARAJ @ APPU S/O BHASKARA ACHARI, AGED ABOUT 29 YEARS, R/AT SHIBARUR VAISHNAVI NILAYA, DELANTHABETTU VILLAGE, SOORINJE VILLAGE, Digitally MANGALURU TALUK, D.K.-575 025.

signed by LAKSHMI T …APPELLANT Location:

High Court (BY SRI. DINESH KUMAR K. RAO, ADVOCATE (P/H))

of Karnataka AND:

THE STATE OF KARNATAKA THROUGH SURATHKAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001.

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

CRL.A No. 1982 of 2018 HC-KAR THIS CRL.A. IS FILED U/S.374(2) CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 24.02.2018 AND SENTENCE DATED 27.02.2018 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN S.C.NO.68/2015 - CONVICTING THE APPELLANT/ACCUSED NO.4 FOR THE OFFENCE P/U/S 143, 147, 148, 302, 506, 201 AND 202 R/W 149 OF IPC.

IN CRL.A NO. 570/2018 BETWEEN:

1. MR. LITHESH @ LITHU S/O RAGHUNATHA, AGED ABOUT 24 YEARS, R/AT PURNANUGRAHA, PAPADI KALLU KOTE, SOORINJE VILLAGE, MANGALURU TALUK, D.K.–575 025.

2. SHOBHARAJ @ SHOBHI S/O THIMMAPPA POOJARI, AGED 27 YEARS, R/AT KOTIYAN NIVAS, D.NO.1/76, VIJAYANAGAR, MADHYA VILLAGE, MANGALURU TALUK, D.K.–575 023.

3. BHARATH S/O SURESH KOTYAN, AGED 23 YEARS, R/AT SANJEEVINI NILAYA, KOTE, 5 CENTS SITE, KOTE, SOORINJE VILLAGE, MANGALORE TALUK, D.K.-575 025.

...APPELLANTS (BY SRI. DINESH KUMAR K. RAO, ADVOCATE (P/H))

CRL.A No. 1982 of 2018 HC-KAR AND:

THE STATE OF KARNATAKA THROUGH SURATHKAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE–560 001.

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

THIS CRL.A. IS FILED U/S.374(2) CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 24.02.2018 AND SENTENCE DATED 27.02.2018 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN S.C.NO.68/2015 - CONVICTING THE APPELLANTS/ACCUSED NO.2 AND 3 FOR THE OFFENCE P/U/S 143, 147, 148, 302, 506, 201 AND 202 R/W 149 OF IPC AND APPELLANT/ACCUSED NO.5 FOR THE OFFENCE P/U/S 201 AND 202 R/W 149 OF IPC.

IN CRL.A NO. 1982/2018 BETWEEN:

SRI. SATHISH @ SACHHU @

SATHISH SOORINJE AGED ABOUT 36 YEARS, S/O LATE SESHAPPA, PERMANENT RESIDENT OF KOTE HOUSE, SOORINJE VILLAGE AND POST, VIA: KATIPALLA, MANGALURU TALUK-560 712.

...APPELLANT (BY SRI. DINESH KUMAR K. RAO, ADVOCATE (P/H))

CRL.A No. 1982 of 2018 HC-KAR AND:

STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, SURATKAL POLICE STATION, MANGALURU-560 712.

REP BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-01. ...RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP (P/H))

THIS CRL.A. IS FILED U/S.374(2) CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 24.02.2018 AND SENTENCE DATED 27.02.2018 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE IN S.C.NO.68/2015 - CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCE P/U/S 143, 147, 148, 302, 506, 201, 202 R/W 149 OF IPC.

THESE APPEALS, COMING ON FOR 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)

These three appeals arise out of the judgment dated

24-02-2018 and order on sentence dated 27-02-2018 passed by the Court of IV Additional District and Sessions Judge, Dakshina Kannada, Mangalore in SC.No.68/2015.

CRL.A No. 1982 of 2018 HC-KAR

2. Vide impugned judgment, the Trial Court has convicted accused Nos.1 to 4 for the offence punishable under Sections 143, 147, 148, 302, 506, 201 and 202 read with Section 149 of Indian Penal Code (for short, 'IPC') and accused No.5 for the offence punishable under Sections 201 and