IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 22^ND DAY OF DECEMBER, 2021

PRESENT

THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

AND

THE HON’BLE MS. JUSTICE J.M.KHAZI

Crl.A. No.100119/2014

BETWEEN

MALLIKARJUN KODAGALI

AGE: 34 YEARS,

S/O.SHIVANAGAPPA KODAGALI

R/O. HERUR VILLAGE,

TQ:HUNAGUND TALUK

DIST: BAGALKOT, PIN 587 125

…APPELLANT

(BY SRI.RAMESH I ZIRALI, ADVOCATE)

AND

1.

STATE OF KARNATAKA

BY ILKAL POLICE STATION

BY STATE PUBLIC PROSECUTOR

HIGH COURT BUILDINGS

DHARWAD, PIN580 011

2.

VIJAYANAND

AGED ABOUT 36 YEARS,

S/O SHIVASHANKARAPPA

KASHAPPANAVAR

R/O. JOSHI GALLI,

ILKAL TOWN, HUNGUND TALUK

DIST: BAGALKOT,

PIN 587 125

Crl.A. No.100119/2014

2

3.

MANJU @ MANJUNATH

AGED ABOUT: 22 YEARS,

S/O DEVARAYAPPA CHATNIHAL

@ CHALAWADI

R/O. DURGADEVI NAGAR

WARD NO. 2, ILKAL TOWN

HUNAGUND TALUK

DIST: BAGALKOT, PIN 587 125

4.

ASHOK

AGED ABOUT: 22 YEARS,

S/O. SANGAPPA CHALWADI

OCC: LORRY DRIVER

R/O. AMBEDKAR COLONY

ILKAL TOWN, TQ:HUNAGUND

DIST: BAGALKOT, PIN 587 125

5.

MOUNESH @ MOULYA

AGED ABOUT: 23 YEARS,

S/O. TIAMMANNA BANDIWADDAR

R/O. JOSHI GALLI, ILKAL TOWN

TQ:HUNAGUND, DIST: BAGALKOT

PIN 587125

6.

AKASH S/O. RANGAPPA

AGED ABOUT: 20 YEARS,

OCC: PAN SHOP, R/O. AMBEDKAR COLONY,

NEAR DURGADEVI TEMPLE,

ILKAL TOWN, TQ:HUNAGUND

DIST: BAGALKOT, PIN 587125

7.

ABBU S/O. MABUSAB

AGED ABOUT: 25 YEARS,

R/O. JOSHI GALLI, ILKAL TOWN

TQ:HUNAGUND, DIST: BAGALKOT

PIN 587125

8.

MALLESH @ MUTTU

S/O. MAHANTAPPA HUNGUND

AGED ABOUT: 30 YEARS,

OCC: RATION SHOP

R/O. BHAGAWAN ONI,

ILKAL TOWN, TQ:HUNAGUND

Crl.A. No.100119/2014

3

DIST: BAGALKOT,

PIN 587 125

9.

SHIVU @ SHIVANAND

S/O. MUDABASAPPA HAVALDAR

AGED ABOUT: 28 YEARS,

OCC: MEMBER, GRAM PANCHAYATH

R/O. MARATAGERI,

NOW R/AT: ILKAL TOWN

TQ:HUNAGUND, DIST: BAGALKOT

PIN 587125

10.

SHEKHAPPA S/O. NINGAPPA JALIHAL

AGED ABOUT: 45 YEARS,

R/O. CHINNAPUR S T VILLAGE

TQ: HUNAGUNDA

DIST: BAGALKOT, PIN587 125

11.

VEERESH S/O. SHIVANAND KASHAPPANAVAR

AGED ABOUT: 22 YEARS,

R/O. HAVARAGI VILLAGE,

TQ:HUNGUND, DIST: BAGALKOT

PIN 587125

12.

MUTTANNA S/O. VITTAL @ VITTALSWAMI

WADDAR, AGED: 34 YEARS,

R/O. JOSHI GALLI,

ILKAL TOWN, TQ: HUNAGUND

DIST: BAGALKOT, PIN587125

…RESPONDENTS

(BY SRI.V.M.BANAKAR, ADDL. SPP FOR R1)

THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C.

SEEKING TO SET ASIDE THE JUDGMENT OF ACQUITTAL PASSED

AGAINST THE RESPONDENTS NO.2 TO 12 ON 28.10.2013 IN

S.C.NO.49/2010 PASSED BY THE DIST. & SESSIONS JUDGE,

BAGALKOT, AND CONVICT THE RESPONDENTS NO.2 TO 12 FOR

THE OFFENCES P/U/S 143, 147, 148, 323, 324, 307, 504, 506 &

427 R/W 149 OF IPC.

THIS APPEAL COMING ON FOR ORDERS, THIS DAY, SURAJ

GOVINDARAJ J., DELIVERED THE FOLLOWING:

Crl.A. No.100119/2014

4

JUDGMENT

1.

The above appeal had been filed under Section

378(4) of Cr.P.C. by the appellant who was

complainant in S.C.No.49/2010 aggrieved by the

order of acquittal passed therein on 28.10.2013.

The appeal came to be dismissed by this Court

vide order dated 04.07.2014 since the other appeal

filed in Criminal Appeal No.100016/2014 under

Section 372 of Cr.P.C. had been dismissed on

10.06.2014.

2.

Aggrieved by the said orders, the appellant had

approached the Hon’ble Apex Court and the

Hon’ble Apex Court in Criminal Appeal Nos.1281-

82/2018 allowed the appeals, set aside the

judgment passed by this Court in both Criminal

Appeal Nos.100119/2014 and 100016/2014 and

remitted them for the decision of this Court.

Crl.A. No.100119/2014

5

3.

Subsequent thereto, since I.A.No.1/2014 had been

filed seeking for leave to file the appeal. No order

being required to be made, this Court vide order

dated 09.10.2019 disposed of the said I.A. and

issued notice to the respondents on I.A.No.2/2014

on the remaining respondents, the said I.A. being

one for condoning the delay in filing the appeal.

4.

Today, Sri.Ramesh I Zirali,