IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^st DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.489/2023 BETWEEN:

1 . C.H. RAVIKUMAR AGED ABOUT 54 YEARS S/O LATE HUCHANNA RESIDING AT CHOTTANAHALLI VILLAGE KASABA HOBLI KUNIGAL TALUK. … APPELLANT (BY SRI. C.H. JADHAV, SENIOR COUNSEL FOR SRI. PRADEEP KUMAR S.P., ADVOCATE)

AND:

1 . KRISHNAKUMAR S/O LATE DASEGOWDA AGED ABOUT 58 YEARS R/O KANNAGUNI VILLAGE KUNIGAL TALUK TUMAKURU DISTRICT.

2 . SHANKAR GOWDA B.N., (SHOWN AS D.SHANKAR @ B.N.S.GOWDA IN TRIAL COURT JUDGMENT)

AGED ABOUT 44 YEARS, R/O NO.142, 6^TH MAIN HANUMARIGI HILLS LAYOUT AREHALLI, BENGALURU OCC: ASSOCIATE PROFESSOR BANGALORE INSTITUTE OF TECHNOLOGY

3 . B.N. JAGADISH S/O D. NAGARAJAIAH, AGED ABOUT 38 YEARS R/O NO.36, 2^ND CROSS

7^TH MAIN, BSK III STAGE BENGALURU–560085.

4 . STATE OF KARNATAKA BY KUNIGAL POLICE REP. STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560001. … RESPONDENTS (BY SRI. S. SHANKARAPPA, ADVOCATE FOR R1 TO R3;

SMT. RASHMI PATEL, HCGP FOR R4)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)

OF CR.P.C PRAYING TO ALLOW THIS APPEAL FILED BY THE APPELLANT IN CRL.A.NO.51/2018 AND SET ASIDE THE ORDER PASSED BY THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU VIDE ORDER DATED 28.11.2022 AND ALSO SET ASIDE THE ORDER PASSED BY THE LEARNED J.M.F.C., KUNIGAL, IN C.C.NO.400/2005 DATED 26.07.2018 AND CONSEQUENTLY CONVICT THE ACCUSED/RESPONDENTS NO.1 TO 2 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 324, 326, 504 R/W SECTION 34 OF IPC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 22.01.2026 THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE VENKATESH NAIK T

CAV JUDGMENT

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

1. Heard the learned counsel for the appellant and also the learned counsel for the respondent Nos.1 to 3 and the learned High Court Government Pleader for respondent No.4.

2. This appeal is filed against reversal of conviction order passed by Appellate Court for offences punishable under Section 323, 324, 326 and 504 read with Section 34 of Indian Penal Code (hereinafter referred to as IPC).

3. The factual matrix of case of prosecution before the Trial Court is that on 01.03.2005 at about 9:30 a.m., in Mahatma Gandhi Government College Kunigal ( a counting center for Grama Panchayath Election for Chottanahalli and other Grama Panchayat) premises the accused persons by sharing common intention have abused P.W.1 in a filthy language and assaulted the P.W.1 and P.W.2 with their hands and accused No.1 has voluntarily assaulted P.W.2 with a stone on his shoulder and accused No.1 voluntarily hit a blow to P.W.1 with a stone on his head and caused nasal bone fracture. Based on the statement of P.W.1, case is registered and investigated the matter and filed the charge sheet against accused No.1 to 3. The accused were secured and they did not plead guilty and hence, they claimed trial and prosecution examined P.W.1 to P.W.14 and also got marked Ex.P.1 to Ex.P.11(b). Accused have not lead any evidence and accused persons were subjected to 313 statement and incriminating circumstances were denied and only portion of Ex.D.1 was marked confronting the same to the prosecution witness and no material objects are marked on behalf of the prosecution. The Trial Court having considered the evidence of witnesses, answered all the points as affirmative in coming to the conclusion that prosecution has proved the case against the accused persons and convicted and sentenced the accused No.1 to 3.

4. Being aggrieved by the judgment of conviction and sentence by the Trial Court, the accused persons have preferred an appeal in Crl.A.No.45/2018 and injured P.W.1 has also filed an appeal in Crl.A.No.51/2018 questioning the sentence imposed by the Trial Court was less is not commensurate with the offence and both the appeals were heard and disposed of by the First Appellate