IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 25^th DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE K. NATARAJAN

CRIMINAL APPEAL NO.2929/2012

BETWEEN:

STATE OF KARNATAKA

REPRESENTED BY

DY. SUPERINTENDENT OF POLICE

KUDLIGI SUB DIVISION, BELLARY DISTRICT.

.. APPELLANT

(BY SMT. SEEMA SHIVA NAIK, HCGP)

AND:

1 . M. NAGARAJA REDDY S/O.M. BHEEMANNA

AGE 36 YEARS,

2 . SANTHOSH REDDY S/O. GOVINDA REDDY

3 . SRI SURESH REDDY, S/O. SOMA REDDY

DELETED VIDE ORDER DATED 25.2.2021

3. G. YERRISWAMY REDDY, S/O THIMMA REDDY.

4 . IRDAL THIMMA REDDY S/O. BHEEMA REDDY

AGE: 27 YEARS,

5 . G. HANUMANTHA REDDY S/O. SANNA THIMMAPPA

AGE: 52 YEARS,

6 . N. LOKESH S/O. RAMALINGAPPA

AGE: 34 YEARS,

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7 . G. THIMMA REDDY S/O. SANNA THIMMAPPA

AGE: 28 YEARS,

8 . ESHWARA REDDY S/O. SOMAREDDY

AGE: 35 YEARS, OCC: AGRICULTURIST

ALL ARE R/O. GOLLALINGAMMANAHALLI

TQ: SANDUR, DIST: BELLARY 583 119

.. RESPONDENTS

(BY SRI.VIJAY CHINIWAR, AMICUS CURIAE FOR THE RESPONDENTS

SRI. D.M. MANJUNATH, FOR R1 TO R3 AND R5 TO R8.

RESPONDENT NO.3 DELETED

RESPONDENT NO.4 SERVED.)

THIS CRIMINAL APPEAL IS FILED U/S 377 OF CR.P.C. SEEKING TO

MODIFY THE JUDGMENT AND ORDER OF CONVICTION DATED 24.07.2012

(INADEQUATE SENTENCE) PASSED BY THE SPL. JUDGE, BELLARY IN SPL.

CASE NO.56/2010 AND SENTENCE THE RESPONDENT ACCUSED AS

PROVIDED U/S 326 OF IPC.

THIS APPEAL COMING ON FOR HEARING THROUGH PHYSICAL

HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE

THE FOLLOWING:

O R D E R

This appeal is filed by the State under Section 377 of the

Code of Criminal Procedure, 1973 (hereinafter referred to as the

‘Cr.P.C.’) seeking enhancement of inadequate sentence dated

24.07.2012

passed

by

the

leaned

Special

Judge,

Bellary

(hereinafter referred to as the ‘trial Court’), in Special Case

No.56/2010 wherein the trial Court has sentenced the respondents,

who are accused Nos.1, 2, 4 to 6, 14, 16 and 19 to undergo

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imprisonment till rising of the Court for the offence punishable

under Sections 326 and 324 of IPC with fine.

2.

Heard the arguments of Smt. Seema Shiva Naik,

learned Government Pleader for the appellant-State and Sri. Vijay

Chiniwar, Amicus Curiae for the respondents and also Sri. D.M.

Manjunath learned counsel for respondent Nos.1 to 3 and 5 to 8,

who joined later with the Amicus Curiae and argued the matter.

3.

The rank of the parties before the trial Court is retained

for convenience.

4.

The case of the prosecution is that the Deputy

Superintendent of Police, Kudligi, Sub-Division, Bellary, filed

charge-sheet against accused Nos.1 to 23 for the offence

punishable under Sections 143, 147, 148, 341, 323, 324, 427, 436,

504, 307 read with Section 149 of the Indian Penal Code, 1860

(hereinafter referred to as the ‘IPC’) and under Section 3(i), (ii),

(x), (xi), (xv) and 3(2)(v) of the Scheduled Castes and The

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter

referred to as the ‘SC & ST Act’). It is alleged in the complaint that

on 09.05.2010 at about 11.45 pm, an oral complaint was lodged by

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the complainant before the Gudekote Police at VIMS Hospital,

Bellary, that they belong to scheduled caste and behind their street,

thee are lands of Reddy community people and adjacent to the said

lands, there is Government land. They have put up huts in the

Government land about four years back. But recently, people

belonging to Reddy community namely Yerri Swamy Reddy and his

family members came to Harijana street and told to remove the

huts put up in their field and they also gave threat to them. The

complainant and others told to measure the land and since about

15 days, when the ladies went to answer nature call, the Reddy

Community people abused them in filthy language. Reddy

Community people also dug bore-well in the land but there was no

water in the bore-well and