R R Renukesh S/O M Ramaswamy vs State Of Karnataka
2021 Latest Caselaw 7172 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 23RD DAY OF DECEMBER, 2021

                      BEFORE

      THE HON'BLE MR. JUSTICE V. SRISHANANDA

 CRIMINAL REVISION PETITION NO.456/2012

BETWEEN

R R RENUKESH
S/O M RAMASWAMY
AGED 28 YEARS
R/AT NO.395,
BUIDLING NO.117,
GANESHA TEMPLE ROAD,
SHIRKE APARTMENTS
KENGERI UPANAGARA
BANGALORE -560 060
                                       ...PETITIONER
(BY SRI A N RADHA KRISHNA, ADVOCATE)

AND

STATE OF KARNATAKA
BY S.H.O BYATARAYANAPURA
TRAFFIC POLICE, BANGALORE,
REP. BY THE STATE PUBLIC
PROSCUTOR
HIGH COURT BUILDINGS,
BANGALORE -560 001
                                       ...RESPONDENT
(BY SRI V.S.VINAYAKA, HCGP)
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     THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION
AND SENTENCE PASSED BY THE MMTC-II, BANGALORE IN
C.C.NO.659/07 DATED:25.1.10 AND CONFIRMED IN
CRL.A.NO.195/10 ON THE FILE OF PO, FTC-VIII,
BANGALORE     DATED:5.3.12   AND    ACQUIT     THE
PETITIONER/ACCUSED IN THE INTEREST OF JUSTICE.

     THIS CRIMINAL REVISION PETITION COMING ON
FOR HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:-

                        ORDER

Heard Sri A.N.Radhakrishna, learned counsel for the

Revision Petitioner and Sri V.C.Vinayaka, learned High

Court Government Pleader for the respondent and perused

the records.

2. This Court, on an earlier occasion heard the

learned counsel for the Revision Petitioner and learned

High Court Government Pleader.

3. The present Revision Petition is now restricted

only with regard to the passing appropriate sentence. In

regard to the same, Sri A.N.Radhakrishna has filed

document to show that the son of the accused/Revision

Petitioner is suffering from serious medical ailments and

there is nobody to look after other than the accused

person and therefore, this Court may take the said

circumstance as a mitigating circumstance and pass

appropriate sentence by ordering minimum sentence as

possible.

4. Learned High Court Government Pleader took

time to verify the same and now filed a report before this

Court.

5. This Court perused the report. As per the

report, by birth, the son of the accused/Revision Petitioner

is having serious health issues and the son of the Revision

Petitioner is a mentally challenged person. Taking note of

the peculiar facts and circumstances of the said case, this

Court is of the considered opinion that the said plea made

by the learned counsel for the Revision Petitioner is a

mitigating circumstance and therefore, the sentence

ordered by the Trial Magistrate and confirmed by the first

Appellate Court needs to be reduced to two months of

simple imprisonment.

With the above observations, the Criminal Revision

Petition is allowed-in-part.

Time is granted for the Revision Petitioner to

surrender before the Court on or before 31.01.2022.

The Trial Magistrate is directed to issue modified

conviction warrant.

Sd/-

JUDGE

KA*