IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.241 OF 2014 BETWEEN:

1. H. K. HALESH S/O LATE HANUMANTHAPPA, AGED ABOUT 46 YEARS, R/O HULLUGARADIKERI, PRESENTLY R/AT ARASIKERE ROAD, VALMIKINAGAR, HARAPANAHALLI, DAVANAGERE DISTRICT PIN -570 001.

2. M.V. ANJINAPPA S/O TUMMANAPPA, AGED ABOUT 41 YEARS, PRESENTLY R/AT ARASIKERE ROAD, VALMIKINAGAR, HARAPANAHALLI TOWN, DAVANAGERE DISTRICT–577 001.

3. T. VENKATESH S/O HUCHCHENGAMMA, AGED ABOUT 44 YEARS, R/O VALMIKINAGARA, PRESENTLY R/AT ARASIKERE ROAD, HARAPANAHALLI TOWN, DAVANAGERE DISTRICT–577 001.

4. CHIKKERI BASAPPA S/O URAPPA, AGED 50 YEARS, R/O VALMIKINAGARA, PRESENTLY R/AT ARASIKERE ROAD, HARAPANAHALLI TOWN, DAVANAGERE DISTRICT–577 001.

5. D. ANJINAPPA S/O DURUGADA HANUMAPPA, AGED ABOUT 38 YEARS, R/O GUDIKATTIKERI, HARAPANAHALLI TOWN, DAVANAGERE DISTRICT PIN - 577001 …APPELLANTS (BY SRI. C. H. JADHAV, SR. COUNSEL FOR SMT. RASHMI JADHAV, ADV.)

AND:

STATE OF KARNATAKA BY HARAPANAHALLI POLICE STATION DAVANAGERE DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001.

…RESPONDENT (BY SRI. B. LAKSHMAN, HCGP)

THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 18.03.2014 PASSED BY THE PRL. SESSIONS JUDGE, AT DAVANAGERE IN S.C.NO.14/2011 - CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCE P/U/S 147,323, R/W 149,353 R/W 149 OF IPC AND ACCUSED NO.3 FOR THE OFFENCE P/U/S 114 OF IPC AND ETC., THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 27.11.2025 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 18^th March, 2014 passed in SC No.14 of 2011 by the learned Principal Sessions Judge, Davanagere (for short "the trial Court").

2. For the sake of convenience, parties herein are referred to as per their status before the special court.

3. The brief facts leading to this appeal are that, the Sub-Inspector of Police (Law and Order) Harapanahalli Police Station laid a charge sheet against the accused Nos. 1 to 5 for the offences punishable under Section 143, 147, 504, 323, 114, 506, 307 and 353 read with 149 of Indian Penal Code.

4. It is alleged by the prosecution that on 17.02.2010 at about 12.55 p.m. in the noon, CW1- B.K. Srinivas Murthy was discharging his duty as Municipal Commissioner at Town Municipal Council, Harapanahalli and at that time, the accused formed into an unlawful assembly with an intention to commit offence and entered the chambers of CW1 in the Municipal Council Office and abused him with abusive words with intention to provoke him to commit offence and further, they threatened him stating that they would kill him and assaulted him with hands and pressed his neck and tried to commit the murder. Accused persons prevented CW1 from discharging his official duties by assaulting him and threatening him. After the incident, CW1 went to Harapanahalli police station and lodged report regarding the incident. On the basis of said report, CW15, who was the Sub-Inspector of Police, Harapanhahalli Police Station registered the case against the accused and visited the place of incident and interrogated the accused. After investigation, Investigating Officer submitted the charge- sheet against the accused for the alleged commission of alleged offences. After filing charge sheet, a case was registered in CC No.697 of 2010 and the case was committed to the Court of Session and the same was registered in SC No.14 of 2011. The accused appeared before the Sessions Court and enlarged on bail.

5. Upon hearing on charges, the trial Court has framed the charges for the aforesaid commission of aforesaid offences. The same was read over and explained to the accused. Having understood the same, accused pleaded