HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2026 R PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.2044 OF 2017 (A)

C/W CRIMINAL APPEAL NO.132 OF 2018 (A)

IN CRL.A No.2044/2017 BETWEEN:

MR. NAGAPPA MASTRU S/O. MR. KERIYAPPA AGED ABOUT 66 YEARS RESIDENT OF KEB COLONY KODAKANI, SORABA TOWN SORABA TALUK SHIVAMOGGA DISTRICT - 577 429.

…APPELLANT (BY SRI K. ABHINAV ANAND, ADVOCATE)

Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High C ourt AND:

of Karnataka

1. MR. PARASHURAMA H.P. @

H. P. PARASHURAMA S/O. MR. ERAPPA AGED ABOUT 35 YEARS RESIDENT OF KANKERI SORABA TOWN PERMANENT RESIDENT OF GENDLA HOSURU VILLAGE, SORABA TALUK SHIVAMOGGA DISTRICT-577 429.

2. PRASHANTHA B.

S/O. BHADRAPPA HC-KAR AGED ABOUT 29 YEARS RESIDENT OF TEPPAGODU VILLAGE SAGARA TALUK SHIVAMOGGA DISTRICT- 577 429.

3. THE STATE OF KARNATAKA REPRESENTED BY THE SHO OF ANAVATTI P.S.

SHIVAMOGGA DISTRICT-577 429.

…RESPONDENTS (BY SRI SYED AKBAR PASHA, ADVOCATE FOR SRI D.C. PARAMESWARAIAH, ADVOCATE FOR R-1 & R-2;

SMT. RASHMI JADHAV, ADDL. SPP FOR R-3)

* * *

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF THE CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 22-7-2017 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA IN S.C.NO.128 OF 2016 - ACQUITTING THE RESPONDENTS/ACCUSED NO.1 AND 2 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 201 AND 212 OF IPC.

IN CRL.A NO.132/2018 BETWEEN:

STATE BY ANAVATTI POLICE STATION SHIVAMOGGA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-01.

...APPELLANT (BY SMT. RASHMI JADHAV, ADDITIONAL SPP)

HC-KAR AND:

1. MR. PARASHURAMA H.P. @

H. P. PARASHURAMA S/O. MR. ERAPPA FARMER AGED ABOUT 36 YEARS RESIDENT OF KANKERI SORABA TOWN PERMANENT RESIDENT OF GENDIA HOSURU VILLAGE, SORABA TALUK SHIVAMOGGA DISTRICT-577 429.

2. PRASHANTHA B.

S/O. BHADRAPPA AGED ABOUT 30 YEARS RESIDENT OF TEPPAGODU VILLAGE SAGARA TALUK SHIVAMOGGA DISTRICT- 577 429.

...RESPONDENTS (BY SRI SYED AKBAR PASHA,ADVOCATE FOR SRI D.C. PARAMESHWARAIAH ADVOCATE FOR R-1 & R-2)

* * *

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)

AND (3) OF THE CR.P.C PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER DATED 22-7-2017 IN S.C.NO.128 OF 2016 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS COURT, SHIVAMOGGA THEREBY ACQUITTING THE RESPONDENTS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 201 AND 212 OF IPC.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and HON'BLE MR. JUSTICE VENKATESH NAIK T HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.P.SANDESH)

Crl.A.No.2044/2017 is by the appellant/complainant and Crl.A.No.132/2018 is filed by the appellant/State questioning the correctness of the judgment of acquittal dated 22.07.2017 passed by learned 2^nd Addl. District & Sessions Judge, Shivamogga, whereby the trial Court acquitted accused Nos.1 and 2 for the offences punishable under Sections 302, 201 and

212 IPC.

Heard learned counsels Sri. K. Abhinav Anand, Sri. Syed Akbar Pasha, Sri. D.C. Parameshwariah and Smt. Rashmi Jadhav, learned Addl. SPP for the respective parties.

2. The case of the prosecution before the trial Court, while seeking the prosecution against the accused persons is that:-

On 30.01.2016 at about 8.00 a.m., accused No.1 went along with deceased Anamika on a Spender motorcycle bearing registration No.KA-27/8658 from Soraba towards Jade Village, but he did not return till 10.45 p.m. That on that day, while HC-KAR returning back to Soraba, in between 10.45 to 11.30 p.m., near the land of Puttaswamy Gowda situated at Kerehalli Village, when accused No.1 and deceased were sitting by the side of the road for dinner, all of a sudden, a quarrel took place between them and at that time, accused No.1 assaulted on the head and face of deceased Anamika with a wooden club and killed him. Thereafter, accused No.1 took away the bike of the deceased, set fire t