IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 25^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL NO. 100239 OF 2016 (C)

BETWEEN:

GOVIND S/O NAGAPPA GASTI, AGE: 42 YEARS, OCC: AGIRUCULTURE, R/O: LOKAPUR, TQ: MUDHOL, DIST: BAGALKOTE.

…APPELLANT (BY SRI. VYAS DESAI, ADVOCATE FOR SRI. JAGADISH PATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA, C.P.I., MUDHOL CIRCLE, R/BY IT’S STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, AT: DHARWAD. …RESPONDENT CHAN DRASHEKAR (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

LAXMAN KATTIMANI THIS CRIMINAL APPEAL IS FILED U/S 374(2) CR.P.C. SEEKING TO ALLOW THE APPEAL AND SET ASIDE THE AFORESAID JUDGMENT Digitally signed by CHANDRASHEKAR AND ORDER OF CONVICTION FOR THE O/P/U/S.333, 353, 504 AND LAXMAN KATTIMANI Date: 2026.02.27 506 OF IPC DATED 16.08.2016 PASSED IN SESSIONS CASE

13:05:42 +0530 NO.28/2014 ON THE FILE OF THE COURT OF THE I ADDL. DIST. AND SESSIONS JUDGE, BAGALKOT SITTING AT JAMAKHANDI, IN THE INTEREST OF JUSTICE.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Presence of PW1 secured before the Court. Appellant is present before the Court.

2. Heard Sri Vyas Desai for Sri Jagadish Patil, learned counsel for appellant and Sri Praveena Y.Devareddiyavara, learned High Court Government Pleader for respondent.

3. Appeal filed by the accused who suffered an order of conviction in S.C.No.28/2014 dated 16.08.2016. Accused has been convicted and sentenced as under in the said case.

“Acting U/s. 235(2) of Cr.P.C. accused is sentenced to undergo simple imprisonment for Seven years and to pay fine of Rs.5,000/- for the offence punishable U/s. 333 of IPC and in default to pay the fine he shall undergo simple imprisonment for a period of Six months.

Acting U/s. 235(2) of Cr.P.C. accused is sentenced to undergo simple imprisonment for Six months and to pay fine of Rs.500/- and in default to pay the fine he shall undergo simple imprisonment for a period of Two months for the offence punishable U/s. 353 of IPC.

Acting U/s. 235(2) of Cr.P.C. accused is sentenced to undergo simple imprisonment for Six months and to pay fine of Rs.500/- and in default to pay the fine he shall undergo simple imprisonment for a period of Two months for the offence punishable U/s. 504 of IPC.

Acting U/s. 235(2) of Cr.P.C. accused is sentenced to undergo simple imprisonment for Six months and to pay fine of Rs.500/- and in default to pay the fine he shall undergo simple imprisonment for a period of Two months for the offence punishable U/s. 506 of IPC.

M.O.1 shirt being worthless is ordered to be destroyed after the appeal period is over. All the sentences shall run concurrently.”

4. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under:

4.1 A complaint came to be lodged on 12.11.2013 by PW1 of Lokapur Police Station, by contending that when he was on the patrolling duty along with ASI near Lokapur Agasi, they found that accused was quarrelling with the petrol bunk persons about fifteen days earlier and when the accused was advised not to indulge in such quarrels, he picked up the quarrel with PW1 and abused him in filthy language and caught hold of his shirt and pulled him and assaulted him with hands on both the cheeks, ear and other parts of the body causing grievous hurt.

4.2 After receipt of the complaint by PW1, police registered the case and investigated the matter and filed the charge sheet for the offences punishable under Section 333, 353, 504, 506 IPC.

4.3 After receipt of charge sheet, learned trial Magistrate committed the matter to the Sessions Court for trial and learned Sessions Judge securing the presence of the accused, framed charges for the aforesaid offences.

4.4 Accused pleaded not guilty. Therefore, trial was held. 4.5 In order to bring down the guilt of the accused, ten witnesses have been examined and eleven documentary evidence w