Karnataka High Court
Rangappa @ Rangya Bichchappa ... vs The State Of Karnataka on 11 February, 2022
Bench: Mohammad Nawazpresided Bymnj
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL REVISION PETITION No.100088/2021
C/W.
CRIMINAL REVISION PETITION No.100086/2021
CRIMINAL REVISION PETITION No.100087/2021
CRIMINAL REVISION PETITION No.100089/2021
CRIMINAL REVISION PETITION No.100090/2021
CRIMINAL REVISION PETITION No.100091/2021
CRIMINAL REVISION PETITION No.100092/2021
IN CRIMINAL REVISION PETITION No.100088/2021
BETWEEN:
SHRI. RANGAPPA @ RANGYA BICHCHAPPA TEKOL,
AGE:24 YEARS, OCC:COOLIE,
R/O: RUKMINI NAGAR BELAGAVI,
TQ AND DIST:BELGAUM-590 016.
...PETITIONER
(BY SHRI. S. B. DEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH BILAGI POLICE
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH DHARWAD-580 011.
...RESPONDENT
(BY SHRI V.S.KALASURMATH, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE
COURT BELOW AND AFTER HEARING THE PETITIONER AND
RESPONDENT, JUDGMENT AND ORDER DATED 28/01/2019
PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE,
BAGALKOT IN CRIMINAL APPEAL NO.15/2018 AND OTHERS IN
COMMON ORDER BE SET ASIDE CONSEQUENTLY THE CONVICTION
AND SENTENCE ORDER PASSED BY THE MAGISTRATE IN CC
NO.31/2016 DATED 29/11/2017 MAY KINDLY BE CONFIRMED AND
THE PETITIONER BE RELEASED IMMEDIATELY.
IN CRIMINAL REVISION PETITION No.100086/2021
BETWEEN:
SHRI. RANGAPPA @ RANGYA BICHCHAPPA TEKOL,
AGE:24 YEARS, OCC:COOLIE,
R/O: RUKMINI NAGAR BELAGAVI,
TQ AND DIST:BELGAUM-590 016.
...PETITIONER
(BY SHRI.S. B. DEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH BILAGI POLICE
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH DHARWAD-580 011.
...RESPONDENT
(BY SHRI V.S.KALASURMATH, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE
COURT BELOW AND AFTER HEARING THE PETITIONER AND
RESPONDENT, JUDGMENT AND ORDER DATED 28/01/2019
PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE,
BAGALKOT IN CRIMINAL APPEAL NO.15/2018 AND OTHERS IN
COMMON ORDER BE SET ASIDE CONSEQUENTLY THE CONVICTION
AND SENTENCE ORDER PASSED BY THE MAGISTRATE IN CC
NO.22/2016 DATED 29/11/2017 MAY KINDLY BE CONFIRMED AND
THE PETITIONER BE RELEASED IMMEDIATELY.
IN CRIMINAL REVISION PETITION No.100087/2021
BETWEEN:
SHRI. RANGAPPA @ RANGYA BICHCHAPPA TEKOL,
AGE:24 YEARS, OCC:COOLIE,
R/O: RUKMINI NAGAR BELAGAVI,
TQ AND DIST:BELGAUM-590 016.
...PETITIONER
(BY SHRI.S. B. DEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH BILAGI POLICE
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH DHARWAD-580 011.
...RESPONDENT
(BY SHRI V.S.KALASURMATH, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE
COURT BELOW AND AFTER HEARING THE PETITIONER AND
RESPONDENT, JUDGMENT AND ORDER DATED 28/01/2019
PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE,
BAGALKOT IN CRIMINAL APPEAL NO.15/2018 AND OTHERS IN
COMMON ORDER BE SET ASIDE CONSEQUENTLY THE CONVICTION
AND SENTENCE ORDER PASSED BY THE MAGISTRATE IN CC
NO.29/2016 DATED 29/11/2017 MAY KINDLY BE CONFIRMED AND
THE PETITIONER BE RELEASED IMMEDIATELY.
IN CRIMINAL REVISION PETITION No.100089/2021
BETWEEN:
SHRI. RANGAPPA @ RANGYA BICHCHAPPA TEKOL,
AGE:24 YEARS, OCC:COOLIE,
R/O: RUKMINI NAGAR BELAGAVI,
TQ AND DIST:BELGAUM-590 016.
...PETITIONER
(BY SHRI.S. B. DEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH BILAGI POLICE
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH DHARWAD-580 011.
...RESPONDENT
(BY SHRI V.S.KALASURMATH, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE
COURT BELOW AND AFTER HEARING THE PETITIONER AND
RESPONDENT, JUDGMENT AND ORDER DATED 28/01/2019
PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE,
BAGALKOT IN CRIMINAL APPEAL NO.15/2018 AND OTHERS IN
COMMON ORDER BE SET ASIDE CONSEQUENTLY THE CONVICTION
AND SENTENCE ORDER PASSED BY THE MAGISTRATE IN CC
NO.32/2016 DATED 29/11/2017 MAY KINDLY BE CONFIRMED AND
THE PETITIONER BE RELEASED IMMEDIATELY.
IN CRIMINAL REVISION PETITION No.100090/2021
BETWEEN:
SHRI. RANGAPPA @ RANGYA BICHCHAPPA TEKOL,
AGE:24 YEARS, OCC:COOLIE,
R/O: RUKMINI NAGAR BELAGAVI,
TQ AND DIST:BELGAUM-590 016.
...PETITIONER
(BY SHRI.S. B. DEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH BILAGI POLICE
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH DHARWAD-580 011.
...RESPONDENT
(BY SHRI V.S.KALASURMATH, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE
COURT BELOW AND AFTER HEARING THE PETITIONER AND
RESPONDENT, JUDGMENT AND ORDER DATED 28/01/2019
PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE,
BAGALKOT IN CRIMINAL APPEAL NO.15/2018 AND OTHERS IN
COMMON ORDER BE SET ASIDE CONSEQUENTLY THE CONVICTION
AND SENTENCE ORDER PASSED BY THE MAGISTRATE IN CC
NO.30/2016 DATED 29/11/2017 MAY KINDLY BE CONFIRMED AND
THE PETITIONER BE RELEASED IMMEDIATELY.
IN CRIMINAL REVISION PETITION No.100091/2021
BETWEEN:
SHRI. RANGAPPA @ RANGYA BICHCHAPPA TEKOL,
AGE:24 YEARS, OCC:COOLIE,
R/O: RUKMINI NAGAR BELAGAVI,
TQ AND DIST:BELGAUM-590 016.
...PETITIONER
(BY SHRI.S. B. DEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH BILAGI POLICE
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH DHARWAD-580 011.
...RESPONDENT
(BY SHRI V.S.KALASURMATH, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE
COURT BELOW AND AFTER HEARING THE PETITIONER AND
RESPONDENT, JUDGMENT AND ORDER DATED 28/01/2019
PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE,
BAGALKOT IN CRIMINAL APPEAL NO.15/2018 AND OTHERS IN
COMMON ORDER BE SET ASIDE CONSEQUENTLY THE CONVICTION
AND SENTENCE ORDER PASSED BY THE MAGISTRATE IN CC
NO.28/2016 DATED 29/11/2017 MAY KINDLY BE CONFIRMED AND
THE PETITIONER BE RELEASED IMMEDIATELY.
IN CRIMINAL REVISION PETITION NO.100092/2021
BETWEEN:
SHRI. RANGAPPA @ RANGYA BICHCHAPPA TEKOL,
AGE:24 YEARS, OCC:COOLIE,
R/O: RUKMINI NAGAR BELAGAVI,
TQ AND DIST:BELGAUM-590 016.
...PETITIONER
(BY SHRI.S. B. DEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH BILAGI POLICE
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH DHARWAD-580 011.
...RESPONDENT
(BY SHRI V.S.KALASURMATH, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE
COURT BELOW AND AFTER HEARING THE PETITIONER AND
RESPONDENT, JUDGMENT AND ORDER DATED 28/01/2019
PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE,
BAGALKOT IN CRIMINAL APPEAL NO.15/2018 AND OTHERS IN
COMMON ORDER BE SET ASIDE CONSEQUENTLY THE CONVICTION
AND SENTENCE ORDER PASSED BY THE MAGISTRATE IN C.C.
NO.21/2016 DATED 29/11/2017 MAY KINDLY BE CONFIRMED AND
THE PETITIONER BE RELEASED IMMEDIATELY.
THESE CRIMINAL REVISION PETITIONS COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
All these petitions are filed by the same
petitioner/ accused No.1 seeking similar prayer.
Hence, heard and disposed of by this common
judgment.
2. The learned Senior Civil Judge and JMFC,
Bilagi has convicted and sentenced accused Nos.1 to
3 for offence punishable under Sections 457, 380 of
IPC in C.C. No.40/2015, 29/2016, 30/2016,
32/2016, 21/2016, 31/2016, 28/2016 and 22/2016
vide separate judgments.
3. Accused Nos.1 to 3 were sentenced to
undergo simple imprisonment for a period of 830
days for offence punishable under Section 380 of IPC
and to pay a fine of Rs.500/- each, in default to
make payment of fine, to undergo simple
imprisonment for 7 days and they were sentenced to
undergo imprisonment for 750 days for the offence
punishable under Section 457 of IPC and to pay a
fine of Rs.500 each and in default of payment of fine
amount to undergo simple imprisonment for 7 days.
The sentence were ordered to be run concurrently
and the period of judicial custody on body warrant
undergone by accused Nos.1 to 3 were treated as
set off as per Section 428 of Cr.P.C.
4. Challenging the said order, State
preferred separate appeals before the learned
Sessions Court. The learned Sessions Judge, partly
allowed Appeal by a common Judgment, the
impugned order passed on sentence was confirmed,
however, set aside extending the benefit under
Section 428 of Cr.P.C. in cases at serial Nos.2 to 8.
5. Accused Nos.2 and 3 preferred criminal
revision petition before this Court against the order
passed by the learned Sessions Judge. After
considering the facts and circumstance, a Co-
ordinate Bench of this Court vide order dated
30.09.2020 in Crl.RP.No.100132/2020 and connected
matters, allowed the revision petitions observing
that the benefit of set-off can be extended to the
accused in all the matters, even though they were
arrested in one matter.
6. The revision petition filed by accused
Nos.2 and 3 against the impugned judgment passed
by the learned Sessions Judge has been allowed by
the Co-ordinate Bench of this Court, as noted supra.
Hence, the same benefit has to be extended to the
petitioner herein. In that view of the matter the
revision petition deserves to be allowed. Accordingly
the following;
ORDER
i) All the Criminal Revision Petitions are
allowed holding that the benefit of set of
can be extended to the accused/
petitioner in all the matters.
ii) Pending I.A's are disposed of.
(MOHAMMAD NAWAZ)
JUDGE
PJ
