CRL.A No. 100232 of 2020 HC-KAR IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19^TH DAY OF FEBRUARY 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B.

CRIMINAL APPEAL NO.100085 OF 2020 (C)

C/W CRIMINAL APPEAL Nos.100156 OF 2020 AND 100232 OF 2020 IN CRL.A NO. 100085/2020 BETWEEN:

SRI.KIRAN S/O. RAMAPPA PADASALAGI @ HALINGALI, AGE: 20 YEARS, OCC. AGRICULTURE, R/O. NANDGAON, TQ. ATHANI, DIST. BELAGAVI.

…APPELLANT (BY SRI.K.L. PATIL, ADVOCATE)

VIJAYALAKSHMI M KANKUPPI AND:

Digitally signed by V K I A J N AY K A U L P A P K I SHMI M THE STATE OF KARNATAKA, Location: HIGHCOURT OF KARNATAKA DHARWAD BY ITS C.P.I. BANAHATTI, BENCH DHARWAD NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

…RESPONDENT (BY SRI.JAIRAM SIDDI, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374 (2) OF CR.P.C., PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCING DATED 03/01/2020 & 04/01/2020 PASSED BY THE LEARNED I ADDL.

CRL.A No. 100232 of 2020 HC-KAR DISTRICT AND SESSIONS, BAGALKOTE SITTING AT JAMAKHANDI IN SC NO.112/2017 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 201, 120(B), 109 R/W SECTION 34 OF IPC AND ACQUIT THE APPELLANT FOR CHARGES LEVELLED AGAINST HIM, IN THE INTEREST OF JUSTICE AND EQUITY.

IN CRL.A NO. 100156/2020 BETWEEN:

SHRISHAIL S/O. MUTTAPPA MALI, AGE: 22 YEARS, OCC. AGRICULTURE, R/O. NANDGAO, TQ. ATHANI, DIST. BELAGAVI-423106.

...APPELLANT (BY SRI.K.L. PATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH BANAHATTI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

...RESPONDENT (BY SRI.JAIRAM SIDDI, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C. PRAYING TO CALL FOR THE RECORDS IN S.C.NO.112/2017 ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, SITTING AT JAMKHANDI AND ALLOW THIS CRIMINAL APPEAL AND SET ASIDE THE JUDGMENT OF CONVICTION DATED 03/01/2020 AND ORDER OF SENTENCE DATED 04/01/2020 PASSED BY I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, SITTING AT JAMKHANDI, IN SC.NO.112/2017 CONVICTING THE APPELLANT FOR OFFENCES PUNISHABLE UNDER SECTIONS 302, 201, 120B R/W. SECTION 34 OF IPC, AND ACQUIT THE APPELLANT / ACCUSED NO.2 OF THE OFFENCES PUNISHABLE SECTIONS 302, 201, 120-B, R/W. 34 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY.

CRL.A No. 100232 of 2020 HC-KAR IN CRL.A NO. 100232/2020 BETWEEN:

SRI.SHIVANANDHA @ SHIVAGONDA S/O. NANASAB SOLAKHAN, AGE: 25 YEARS, OCC. AGRICULTURE, R/O. NANDGOAN, TQ. ATHANI, DIST. BELAGAVI.

...APPELLANT (BY SRI.K.L. PATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY ITS C.P.I. BANAHATTI, NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

...RESPONDENT (BY SRI.JAIRAM SIDDI, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374 (2) OF CR.P.C., PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCING DATED 03/01/2020 & 04/01/2020 PASSED BY THE LEARNED I ADDL. DISTRICT AND SESSIONS, BAGALKOTE SITTING AT JAMKHANDI IN SC NO.112/2017 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 201, 120(B) R/W. SECTION 34 IPC IN RESPECT OF THE APPELLANT AND ACQUIT THE APPELLANT FOR CHARGES LEVELLED AGAINST HIM, IN THE INTEREST OF JUSTICE AND EQUITY.

THESE CRIMINAL APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS JUSTICE GEETHA K.B.

CRL.A No. 100232 of 2020 HC-KAR

ORAL JUDGMENT

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

The Court of I Additional District and Sessions Judge, Bagalkot, sitting at Jamkhandi, by its judgment and order dated 03.01.2020 and 04.01.2020 has convicted and sentenced accused Nos.1 to 3 for the offence punishable under Sections 120B, 302 and 201 read with Section 34 of the Indian Penal Code (Hereinafter referred to as ‘the IPC’, for short).

2. Assailing the judgment and order of conviction and sentence, accused No.1 has preferred Crl.A. No.