IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.271 OF 2013 BETWEEN:

MR. KALAPUTRA S/O.VENKANAGOWDA, R/AT. HARAPANNAHALLI, HARAPANNAHALLI POST, DAVANAGERE DISTRICT-583131.

...APPELLANT (BY SRI. B.S. MURALI, ADV.)

AND:

1. STATE BY HARAPANAHALLI POLICE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001.

2. MR. MALTHESH S/O. SAMBAIAH, AGED ABOUT 35 YEARS, 3. MR. RAGHAVENDRA, S/O. SAMBAIAH, AGED ABOUT 26 YEARS, RESPONDENT NO.2 & 3 ARE R/O. ANJANEYA EXTENSION, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT-583131.

…RESPONDENTS (BY SRI. M. DIWAKAR MADDUR, HCGP FOR R1, SRI. IJARI NAGARAJA, ADV. FOR R2 & R3.)

THIS CRL.A. IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 31.12.2008 PASSED BY THE JMFC, HARAPANAHALLI IN C.C.NO.669/2008 AND CONSEQUENTLY REMAND THE MATTER FOR FRESH TRIAL, FOR THE OFFENCE P/U/S 341, 504, 355, 323 R/W 34 OF IPC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 22.01.2026 AND COMING ON FOR "PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT, DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

CAV JUDGMENT

The appellant h