CRL.A No. 100084 of 2020 HC-KAR CRL.A.No.100087 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^TH DAY OF JANUARY 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B.

CRIMINAL APPEAL NO.100249 OF 2020 (A)

C/W CRIMINAL APPEAL NO. 100060 OF 2020 CRIMINAL APPEAL NO. 100084 OF 2020 AND CRIMINAL APPEAL NO. 100087 OF 2020 IN CRL.A NO. 100249/2020 BETWEEN:

STATE OF KARNATAKA REPRESENTED BY THE CIRCLE POLICE INSPECTOR, BAGALKOT TOWN POLICE STATION, VIJAYALAKSHMI M KANKUPPI DIST. BAGALKOT, THROUGH THE ADDL. STATE PUBLIC PROSECUTOR, Digitally signed by VIJAYALAKSHM I M ADVOCATE GENERAL OFFICE, KANKUPPI Date: 2026.02.03 HIGH COURT OF KARNATAKA, DHARWAD BENCH.

10:18:03 +0530 …APPELLANT (BY SRI. M.B. GUNDAWADE, ADDL. SPP)

AND:

1. BASAVARAJ S/O. BAIREGOUDA ALAGUNDI, AGE: 31 YEARS, OCC. LAB TECHNICIAN, 2. BASAVARAJ S/O. SHANKARAPPA HULLUR, AGE: 27 YEARS, OCC. AGRICULTURE, CRL.A No. 100084 of 2020 HC-KAR CRL.A.No.100087 of 2020

3. CHANNABASAPPA S/O. BASAPPA TOTAD, AGE: 23 YEARS, OCC. CAR DRIVER, ALL ARE R/O. NANDAKESHWAR, BADAMI TALUK-587201.

…RESPONDENTS (BY SRI. S.S. YADRAMI, SR. COUNSEL FOR SRI. S.C. HIREMATH, ADVOCATE FOR R1;

SRI. SHIVANAND MALASHETTY, ADVOCATE AND SRI. H. N. GULARADDI, ADVOCATE FOR R2;

SRI. SANTOSH MALAGOUDAR, ADVOCATE FOR R3)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1) AND (3) OF CR.P.C., PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER DATED 24/01/2020 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN S.C.NO.19/2013 SO FAR IT RELATES TO ACQUITTAL OF RESPONDENTS / ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 364(A) R/W SECTION 34 OF IPC (NOT CONVICTING UNDER SECTION 364(A) R/W SECTION 34 OF IPC AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION FOR LESSER OFFENCE DATED 24/01/2020 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN S.C.NO.19/2013 AND CONVICT AND SENTENCE THE RESPONDENTS / ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 364(A) R/W SECTION 34 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY.

IN CRL.A NO. 100060/2020 BETWEEN:

BASAVARAJ S/O. BAIREGOUDA ALAGUNDI, AGE: 38 YEARS, OCC. LAB TECHNICIAN, R/O. NANDIKESHWAR, TAL. BADAMI, DIST. BAGALKOTE, PIN: 587201.

...APPELLANT (BY SRI. S.S. YADRAMI, SR. COUNSEL FOR SRI. S.C. HIREMATH, ADVOCATE)

AND:

THE STATE OF KARNATAKA (BAGALKOTE TOWN POLICE STATION)

REPRESENTED BY THE STATE PUBLIC PROSECUTOR, CRL.A No. 100084 of 2020 HC-KAR CRL.A.No.100087 of 2020 HIGH COURT BUILDINGS, DHARWAD.

...RESPONDENT (BY SRI. M.B. GUNDAWADE, ADDL. SPP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374 (2) OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE FOR THE OFFENCES PUNISHABLE UNDER SECTION 363 R/W SECTION 34 OF IPC AND SENTENCING HIM TO UNDERGO RIGOROUS IMPRISONMENT FOR 3 YEARS AND ALSO PAY THE FINE OF RS.5,000-00 IN S.C.NO.19/2013 AND ACQUIT THE APPELLANT / ACCUSED NO.1 FOR OFFENCE PUNISHABLE UNDER SECTION 363 R/W SECTION 34 OF IPC, IN THE INTERST OF JUSTICE.

IN CRL.A NO. 100084/2020 BETWEEN:

BASAVARAJ S/O. SHANKARAPPA HULLUR, AGE: 34 YEARS, OCC. AGRICULTURE, R/O. NANDKESHWAR, TQ. BADAMI, DIST. BAGALKOTE.

...APPELLANT (BY SRI. SHIVANAND MALASHETTY, ADVOCATE AND SRI. H.N. GULARADDI, ADVOCATE)

AND:

THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH BAGALKOTE TOWN POLICE STATION, TQ AND DIST: BAGALKOTE-587103.

...RESPONDENT (BY SRI. M.B. GUNDAWADE, ADDL. SPP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374 (2) OF CR.P.C., PRAYING TO CALL FOR RECORDS IN S.C. NO.19/2013 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSION JUDGE BAGALKOTE AND ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 24.01.2020 PASSED BY THE II ADDITIONAL DISTRICT AND SESSION JUDGE BAGALKOTE IN S.C. NO.19/2013 IN OFFENCE PUNISHABLE UNDER SECTION 363 R/W SECTION 34 IPC, IN THE INTEREST OF JUSTICE CRL.A No. 100084 of 2020 HC-KAR CRL.A.No.100087 of 2020 AND EQU