##PAGE1##

- 1 -

NC: 2026:KHC:5051

CRL.A No. 34 of 2019

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA

CRIMINAL APPEAL NO. 34 OF 2019 (C)

BETWEEN:

1. MOHAMMED JUNAID

S/O AKBAR SAHEB,

AGED ABOUT 23 YEARS,

R/A BABASHA MOHALLA,

GANGOLLI VILLAGE,

KUNDAPURA TALUK.

PIN CODE - 576 216.

2. JAFFER @ WELDING JAFFAR

S/O ISUBU SAHEB,

AGED ABOUT 36 YEARS,

R/A BABASHA MOHALLA,

GANGOLLI VILLAGE,

KUNDAPURA TALUK.

PIN CODE 576 216.

…APPELLANTS

(BY SRI. MUZAFFAR AHMED, ADVOCATE)

Digitally signed by

LAKSHMINARAYAN N

Location: High Court AND:

of Karnataka

1. STATE BY BYANDOOR POLICE

CPI, BYANDOOR CIRCLE

BYNDOOR POLICE STATION

UDUPI DISTRICT

REPRESENTED BY STATE

PUBLIC PROSECUTOR,

HIGH COURT BUILDINGS,

BANGALORE - 560 001.

…RESPONDENT

(BY SRI.B.LAKSHMAN, HCGP)

- 2 -

NC: 2026:KHC:5051

CRL.A No. 34 of 2019

HC-KAR

THIS CRL.A. IS FILED U/S.374(2) CR.P.C PLEASED TO

SET ASIDE THE JUDGMENT OF CONVICTION DATED

05.12.2018 AND SENTENCE DATED 10.12.2018 PASSED BY

THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI

(SITTING AT KUNDAPURA), KUNDAPURA IN S.C.NO.27/2016 -

CONVICTING THE APPELLANT/ACCUSED NO.1 AND 2 FOR THE

OFFENCE P/U/S 451,436 AND 427 R/W 34 OF IPC.

THIS APPEAL, COMING ON FOR FURTHER ARGUMETNS,

THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

The appellants have preferred this appeal against the

judgment of conviction and order on sentence passed by the

Additional District and Sessions Judge, Udupi (sitting at

Kundapura) in SC No.27/2016 dated 05.12.2018.

2. For the sake of convenience, the parties herein are

referred to as per their status before the trial Court.

3. Brief facts leading to this appeal are that, the Circle

Inspector of Police, Byndoor Circle, Byndoor, Udupi District has

submitted the charge-sheet against the accused for the

offences punishable under Section 436, 451 and 427 read with

Section 34 of Indian Penal Code.

- 3 -

NC: 2026:KHC:5051

CRL.A No. 34 of 2019

HC-KAR

4. It is alleged by the prosecution that, on 21.01.2025

at about 02.20 a.m. at Gangolli village of Kundapura Taluk,

accused Nos.1 and 2, with regard to previous enmity i.e., loss

caused to the shops situated in Jamia Complex by litting fire to

the said shops, the accused in furtherance of common object,

by coming in a Maruthi Omni, to Venkatesha Krupa Traders

belonging to CW1-Sri.G.Venkatesha Shenoy, committed, house

trespass by entering into the compound of said Traders, in

order to commit the offence of destroying the shop of CW1,

committed mischief by causing wrongful loss/damage to the

property of CW1-Sri.G.Venkatesha Shenoy, which are Chevrolet

Enjoy Car bearing Registration No. KA-20/Z-5011 and Ritz car

bearing Registration No.KA-20/Y-8262 and a Twister

motorcycle. Further, it is alleged that the accused having

common object to destroy the shop of PW1 and committed

mischief by fire by pouring petrol over shop of PW1 and

godown and lit fire by pouring petrol over the Chevrolet Enjoy

Car bearing Registration No. KA-20/Z-5011 and Ritz car

bearing Registration No.KA-20/Y-8262 and Motorcycle which

were parked in the compound of said Venkatesha Krupa

Traders intending to cause (or knowing it to be likely that the

- 4 -

NC: 2026:KHC:5051

CRL.A No. 34 of 2019

HC-KAR

accused would thereby cause), destruction of shop of CW1.

Thus accused Nos.1 and 2 have committed the alleged

commission of offences.

5. After filing the charge-sheet, case was registered in

CC No.1371/2016. Thereafter, case was committed to the Court

of Sessions and came to be registered in SC No.27/2016.

Accused appeared before the Sessions Court and were enlarged

on bail.

6. Upon hearing on charges, the trial Court has framed

charges for the offences punishable under Section 436, 451 and

427 read with Section 34 of Indian Penal Code and the same

were read over and explained to the accused. Having

understood the charges, Accused Nos.1 and 2 have pleaded not

guilty and claimed to be tried.

7. To prove the case of the prosecution, in all, 14