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2026 Supreme(Online)(Kar) 9882
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
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,
D si i g g n it e a d l l b y y MANGALURU TALUK, D.K.-575 025.
LAKSHMI T …APPELLANT L H of o i g c K a h a t r C i n o o n a u t :a rt k a
(BY SRI. DINESH KUMAR K. RAO, ADVOCATE (P/H))
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))
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))
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))
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))
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))
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
DATED THIS THE 11TH DAY OF MARCH, 2026
ORDER
i) Appeals are allowed.
ii) The judgment dated 24.2.2018 and the order on sentence dated 27.2.2018 passed by the Court of 4th Additional District and Sessions Judge, D.K., Mangaluru in Sessions Case No.68/2015 convicting the accused Nos.1 to 4 for the offences punishable under Sections 143, 147, 148, 302, 506, 201, 202 r/w Section 149 of IPC and in respect of accused No.5 for the offence punishable under Sections 201 and 202 read with Section 149 of IPC are set aside.
iii) The accused Nos.1 to 5 are acquitted of the said charges levelled against them.
iv) The fine amount if any deposited shall be refunded to the accused.
v) The order passed on the application filed under Section 451 and 457 is made absolute.
vi) Bail bond executed by the accused shall be in force for a period of six months.
vii) Pending applications, if any, stand disposed of.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
MKM/TL/LDC/PRS List No.: 1 Sl No.: 9
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.
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 202 read with Section 149 of IPC.
3. Crl.A.No.1982/2018 is preferred by accused No.1, Crl.A.No.570/2018 is preferred by accused Nos.2, 3 and 5 and Crl.A.No.504/2018 is preferred by accused No.4.
4. Heard Sri Dinesh Kumar K. Rao, learned counsel for the appellants, Smt.Rashmi Jadhav, learned Additional SPP for the State and perused the evidence and materials on record.
5. It is the case of prosecution that, accused No.1 was demanding money from deceased-Keshava Shetty and since he had not obliged to the demand of accused No.1, a quarrel had taken place. The deceased had lodged a complaint against accused No.1 at Surathkal Police Station and accused No.1 was arrested in the said case and he was sent to jail. Hence, accused No.1 had enmity against the deceased. Further, the deceased along with his friends had gone to the house of accused No.2 and scolded him and his mother and therefore, accused No.2 was also nurturing ill-will against the deceased. Due to the said enmity, accused Nos.1 and 2 decided to commit the murder of Keshava Shetty and conspired with accused Nos.3 and 4 and a child-in-conflict with law (CCL). In furtherance of the said conspiracy hatched by them, on 06.01.2015 at about 6.30 a.m., they formed an unlawful assembly, armed with deadly weapons like Talwars and came near the play ground at Janatha Bettu, in Kuthethur village, Mangalore taluk, wherein the deceased Keshava Shetty was playing badminton with Sampath V. - first informant (PW.3). They chased the deceased towards the forest and assaulted him with the weapons they were carrying, on the head, back, leg, face and other parts of the body and committed his murder. After committing the murder, to cause disappearance of the evidence, accused No.5 concealed the motorcycle bearing Reg.No.KA-19/EH- 0061, with an intention to screen the accused from legal punishment.
6. The incident took place at about 6.25 a.m. on 06.01.2015. Ex.P3 is the complaint lodged by PW.3 - Sampath V. In Ex.P3, it is stated that the deceased Keshava Shetty is the friend of the complainant. Everyday in the morning, they used to play shuttle badminton at Janatha Bettu, situated near the house of the complainant. As usual, the complainant went to play shuttle at about 6.20 a.m. and after five minutes, Keshava Shetty also came to play. When they were playing, at about 6.25 a.m., accused Nos.1 and 2 and two others holding Talwars, came to the place where they were playing. When the complainant tried to stop them, the accused started to attack the deceased. When the deceased started running, all the four chased him and assaulted him with Talwars indiscriminately on his face, head and other parts of the body. Thereafter, the accused ran towards Kote Soorinje. Immediately, the complainant telephoned to the police and the police came to the spot.
7. In Ex.P3, the complainant has stated that he has seen the accused and he can identify them. He has further stated that since the deceased had not given money to accused No.1 - Sathish, there was a quarrel between them and in this connection, the deceased had lodged a complaint against him and accused No.1 was in prison. Hence, due to the said enmity, accused No.1 along with other accused
