IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.1206 OF 2013 BETWEEN:

1. MR B M THIMMAIAH S/O MUDLAPPA AGED ABOUT 45 YEARS

2. B G VENKATESH S/O GIRIYAPPA AGED ABOUT 39 YEARS

3. LINGARAJU @ NINGA S/O MUDLAPPA AGED 38 YEARS

4. PRAKASH S/O DODAIAH AGED 25 YEARS

5. VENKATESH @ KUMBARARA VENKATESHA AGED ABOUT 39 YEARS ALL ARE AGRICULTURISTS, R/O BYALADALU VILLAGE, KADUR TQ., CHIKMAGALORE DIST.-570002 ...APPELLANTS (BY SRI. P. P. HEGDE, SR. ADV. FOR SRI. VENKATESH SOMAREDDI, ADV.)

AND:

1. THE STATE REPRESENTED BY SAKHARAYAPATNA POLICE, SAKHARAYA PATNA KADUR TQ.

(REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560001)

…RESPONDENT (BY SRI. RANGASWAMY R., HCGP.)

THIS CRL.A. IS FILED U/S.374(2) CR.P.C BY THE ADV.

FOR THE APPELLANTS/ACCUSED 1 TO 5 PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 30.11.2013/2.12.2013 PASSED BY THE I ADDL. DIST. AND S.J., CHIKMAGALUR IN S.C.NO.58/2010 - CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCE P/U/S 143, 147, 323, 324, 504, 506, 342, 436, 427 R/W 149 OF IPC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 08.12.2025 AND COMING ON FOR "PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT, DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

CAV JUDGMENT

The appellants have preferred this appeal against the judgment of conviction and order on sentence dated 30^th November, 2013 passed in Sessions Case No.58 of 2010 by the I Addl. District & Sessions Judge, Chikkamagalur ("trial Court"

for short).

2. For the sake of convenience, the parties herein are referred as per their status before the trial Court.

3. Brief facts leading to this appeal are that the PSI of Sakharayapatna Police Station, Kadur Taluk, Chikkamagaluru District laid the charge-sheet against accused 1 to 5 for the offences punishable under Sections 143, 147, 323, 342, 324, 504, 506, 436 and 427 read with Section 149 Indian Penal Code.

4. It is alleged by the prosecution that on 18^th March, 2010 at 08.30 a.m. in Byaladalu Village, at the Fair Price shop of PW1-B.T. Yathisha, all the accused formed unlawful assembly and committed the offence of rioting. Accused No.1- Thimmaiah voluntarily caused hurt to the complainant on his teeth using his hand, accused No.3-Lingaraju, accused No.4- Prakash caused simple hurt by assaulting the complainant on his body. Accused Nos. 1 to 3 also voluntarily caused hurt to PW2-Smt.Latha and caused bodily pain. Thereafter, accused Nos.2 to 5 took PW1-Yathisha from his fair price shop and confined in Kariyamma temple by locking the door. Accused No.2-Venkatesh, voluntarily caused hurt to PW1-Yathisha using a club. Further, all the accused gave threat to the life of PW1- Yathisha and PW2-Smt. Latha and also abused in filthy language.

5. Further, it is alleged that PW1-Yathisha used to run Fair Price shop at Byaladalu Village, Kadur Taluk, for which accused persons have obstructed. At that time, accused 1 and

3 committed mischief by setting fire to kerosene of extent of 1052 litres and destroyed the kerosene and food-grains kept in the shop as well as properties kept in the house belonging to PW1-Yathisha and caused loss to the tune of Rs.20,000/-. Thereby, accused have committed the offences punishable under Sections 143, 147, 342, 323, 324, 504, 506, 436 and

427 read with Section 149 of Indian Penal Code.

6. After filing the charge-sheet, case was registered in CC No.276 of 2010. Thereafter, case was committed to the Court of Sessions which was registered as SC No.58 of 2010. In response to summons, accused appeared before the Court and were enlarged on bail.

7. The trial Court has framed charges for alleged offences, same were read over and explained to the accused. Having understood the same, accused pleaded not guilty and claimed to be tried.

8. To prove the guilt of the accused, in all, 14 witnesses were examined as PW1 to PW14, 26 documents were m