Dandupalya Krishna @ Hosakote ... vs State Of Karnataka
2022 Latest Caselaw 13224 Kant

                           1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF NOVEMBER, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

        WRIT PETITION NO.20626 OF 2022 (GM-RES)

BETWEEN

DANDUPALYA KRISHNA
@ HOSAKOTE KRISHNA @ KRISHNA
S/O SEETHAPPA,
AGED ABOUT 51 YEARS,
R/AT DUNDUPALLYA,
HOSAKOTE TALUK,
BANGALORE DISTRICT - 560 067.             ... PETITIONER

(BY SRI HASHMATH PASHA, SENIOR ADVOCATE
 FOR SRI KARIAPPA N A , ADVOCATE)

AND

1 . STATE OF KARNATAKA
    BY ITS SECRETARY
    DEPARTMENT OF HOME AND PRISON,
    VIDHANA SOUDHA,
    BANGALORE - 560 001.

2 . INSPECTOR GENERAL OF PRISON
    OFFICE AT OPP. FREEDOM PARK,
    SESHADRI ROAD,
    BANGALORE - 560 009.

3 . CHIEF SUPERINTENDENT
    CENTRAL PRISON,
    HINDALGA
    BELGAUM - 591 108.
                                       ... RESPONDENTS
(BY SRI R.D. RENUKARADHYA, HCGP)
                            2


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 OF THE CR.P.C., PRAYING TO DIRECT TH R-3 TO
CALCULATE THE SENTENCES PASSED IN THESE TWO CASES AS
CONCURRENT WHICH ARE a) IN S.C.NO.420/2003 C/W
S.C.NO.422/2003 C/W S.C.NO.423/2003 ON THE FILE OF
HONBLE XXXIV TH ADDITIONAL CITY CIVIL AND SPECIAL
COURT OF CENTRAL PRISON, BANGALORE FOR OFFENCES
UNDER SECTION 392 OF INDIAN PENAL CODE BY JUDGMENT
AND ORDER DATED.3.6.2004 AND SENTENCE OF 5 YEARS
RIGOROUS IMPRISONMENT AND AS PER ANNEXURE-D AT PARA
3 (b) IN C.C.NO.73/2002 ON THE FILE OF PRINCIPAL CIVIL
JUDGE (JR DIVISION) AND JMFC SRIRANGAPATNA BY
JUDGEMENT AND ORDER DATED 27.08.2008 FOR OFFENCES
UNDER SECTION 224 OF INDIAN PENAL CODE AND SENTENCED
TO UNDERGO 6 MONTHS RIGOROUS IMPRISONMENT TO RUN
CONCURRENTLY WITH THE LIFE IMPRISONMENT ALREADY
IMPOSED IN SC NO.500/2000 ON THE FILE OF IV ADDITIONAL
CITY CIVL AND SESSIONS JUDGE BANGALORE BY JUDGEMENT
OR ORDER DATED 22.03.2003 WHICH IS AS PER ANNEXURE-B
AT PARA 2 AND CONSEQUENTLY DIRECT THE RESPONDENTS TO
PLACE THE PETITIONERS CASE BEFORE THE STANDING
ADVISORY BOARD FOR CONSIDERATION OF REMISSION OF
SENTENCE OF LIFE IMPRISONMENT AND FOR PREMATURE
RELEASE IN ACCORDANCE WITH LAW.

     THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 16.11.2022 THIS DAY, THE COURT
MADE THE FOLLOWING:

                         ORDER

This writ petition is filed by the petitioner accused

under Articles 226 and 227 of the Constitution of India

read with Section 482 of Cr.P.C. praying for issuance of

mandamus to the Chief Superintendent of Jail, Belgaum,

for providing the benefit of concurrent sentence under

Section 427(2) of Cr.P.C. along with the sentences already

suffered by the petitioner in other cases and to direct the

jail authorities to place the case of the petitioner before

the Advisory Board for granting any remission of the

sentence of life.

2. Heard the learned Senior Counsel for the

petitioner-accused and learned High Court Government

Pleader for the respondent-State.

3. The learned Senior Counsel for the petitioner

submits that, previously, the accused was convicted in

various cases and all the sentences run concurrently.

Subsequent to the petitioner filing criminal appeals, the

learned Division Bench got modified the sentences and

thereafter, the Superintendent of Jail submitted a list of

cases, but the Superintendent of police left out two cases

in S.C.No.420/2003 c/w. S.C.No.422/2003 and

S.C.No.423/2003 on the file of the XXXIV Additional City Civil

Sessions Judge and Special Court Of Central Prison, Bangalore,

and C.C. No.73/2002 on the file of the Principal Civil Judge

(Jr. Division) and JMFC, Srirangapatna. The aforesaid

Courts by orders dated 03.06.2004 and 27.08.2008

respectively, have passed the judgment of conviction.

4. Considering the facts and circumstances of the

case and the list of cases prepared by the jail authorities,

wherein, previously, they have shown only six cases, the

two cases in S.C No.420/2003 c/w. S.C. No.422/2003 and

423/2003 and C.C No.73/2002 were not included for

running the sentences concurrently as per Section 427(2)

of Cr.P.C. Therefore, it is deemed fit and proper to pass

an order to run both the sentences in the above said cases

run concurrently, in addition to the cases referred in W.P.

16268/2021 in the order dated 23.12.2021.

5. Accordingly, the writ petition is allowed.

It is observed and directed that the sentences

passed in in S.C No.420/2003 c/w. S.C. No.422/2003 and

423/2003 on the file of the XXXIV Additional City Civil and

Sessions Judge and Special Court Of Central Prison, Bangalore

and C.C. No.73/2002 on the file of the Principal Civil Judge

(Jr. Division) and JMFC, Srirangapatna are ordered to be

concurrently and the petitioner is entitled for the benefit

under section 427(2) of Cr.P.C.

The Superintendent of Jail is directed to place the

case of the petitioner in S.C No.420/2003 c/w. S.C.

No.422/2003 and 423/2003 on the file of the XXXIV

Additional City Civil and Sessions Judge and Special Court Of

Central Prison, Bangalore and C.C. No.73/2002 on the file of

the Principal Civil Judge (Jr. Division) and JMFC,

Srirangapatna, before the Advisory Committee, for

considering the case of the petitioner for any remission, in

the next meeting.

Sd/-

JUDGE

Cs/-