Karnataka High Court
The State Of Karnataka vs Sri M Byregowda on 1 August, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 916 of 2019
NC: 2023:KHC:26735
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 916 OF 2019
BETWEEN:
THE STATE OF KARNATAKA
BY RAJANUKUNTE POLICE STATION,
BENGALURU,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
BENGALURU - 01.
...APPELLANT
(BY SRI. RENUKARADHYA R.D., HCGP)
AND:
SRI. M. BYREGOWDA,
S/O LATE. MUNIYAPPA,
AGED ABOUT 50 YEARS,
Digitally signed by R/O THIPPUR VILLAGE,
LAKSHMINARAYANA
MURTHY RAJASHRI DODDABELAVANGALA HOBLI,
Location: HIGH
COURT OF DODDABALLAPURA TALUK,
KARNATAKA
BENGALURU RURAL DISTRICT - 561 203.
...RESPONDENT
(BY SRI. S. SHANKARAPPA, ADVOCATE)
THIS CRL.A. IS FILED UNDER SECTION 377 CR.P.C
PRAYING TO MODIFY THE JUDGMENT AND ORDER DATED
24.12.2018 AND ORDER OF SENTENCE DATED 31.12.2018
PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS
JUDGE, DODDABALLAPURA, BENGALURU RURAL DISTRICT IN
S.C.NO.10001/2014 IN SO FAR AS IT RELATES TO IMPOSING
INADEQUATE SENTENCE ON THE RESPONDENT FOR THE
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CRL.A No. 916 of 2019
NC: 2023:KHC:26735
OFFENCE P/U/S 355,504 AND 306 OF IPC AND IMPOSE
MAXIMUM AND ADEQUATE SENTENCE ON THE
RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 355,504
AND 306 OF IPC IN ACCORDANCE WITH LAW AND ALLOW THIS
CRL.A. AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the State challenging the
quantum of sentence imposed on the respondent in
S.C.No.10001/2014 by IV Additional District and Sessions
Court, Doddaballapura, Bengaluru Rural District, stating that
the sentence imposed is inadequate and hence, prays to
impose maximum and adequate sentence on the
respondent/accused.
2. Heard learned High Court Government Pleader
appearing for the appellant.
3. Respondent was accused in S.C.No.10001/2014,
who has been convicted for the offences punishable under
Sections 355, 504 and 306 of IPC. By the judgment, dated
24.12.2018 passed by IV Additional District and Sessions Court,
Doddaballapura, Bengaluru Rural District, the respondent is
CRL.A No. 916 of 2019
NC: 2023:KHC:26735
sentenced to undergo simple imprisonment for a period of six
months with fine of Rs.1,000/- with default clause for offence
punishable under Section 355 of IPC; simple imprisonment for
a period of six months with fine of Rs.1,000/- with default
clause for offence punishable under Section 504 of IPC and
rigourous imprisonment for a period of three years with fine of
Rs.10,000/- with default clause for offence punishable under
Section 306 of IPC.
4. The learned High Court Government Pleader
would contend that looking into the gravity of the offence,
sentence imposed on the respondent by the trial Court is
inadequate.
5. In view of the said contention, what is the case
of prosecution and what is the gravity of the charge leveled
against the respondent are required to be considered.
6. It is the case of the prosecution that "T.N.
Raghavendra is the son of the complainant living along with his
parents in their house of Thippuru village, Doddaballapura
Taluk. The said Ragavendra fell in love with Lavanya, who is
CRL.A No. 916 of 2019
NC: 2023:KHC:26735
daughter of this accused. It is fact that since 3-4 years to this
incident Raghavendra and Lavanya were loving each other, but
unfortunately 15-20 days prior to this incident, Lavanya did not
talk with this Raghavendra. Consequently, Raghavendra had
gone to the college where Lavanya was studying and enquired
her about this fact and also quarreled with her. On coming to
know this fact, the accused got enraged. Accordingly, he filed a
complaint on this Raghavendra in the concerned police station.
On 26-02-2013 this accused and his wife, son, daughter and
brother and others went near the house of the complainant and
picked up a quarrel with complainant and others about subject
matter about Raghavendra going near the college of Lavanya
and picking up quarrel with her with regard to she not talking
with him. But unfortunately, at that time, Raghavendra was
not in the house. On the other hand, they had assaulted T. K.
Suresh, the close friend and relative of Raghavendra.
Immediately this complainant called one T. V. Lakshmi
Narayana, who was the then Chairmen of APMC,
Doddaballapura and informed the incident which had taken
place on 26-02-2013 near his house and this T. V. Lakshmi
Narayana instructed the complainant not to file any complaint
CRL.A No. 916 of 2019
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about that incident and also assured the complainant about
conducting a mediation in the APMC office on the next day.
Hence, the complainant kept quite on that day.
7. It is the further case of the prosecution that on 27-
07-2013 T. V. Lakshmi Narayana had arranged mediation
(panchayathi) in the APMC office wherein accused and his
brother Rudre Gowda, Ramanna and his other relatives and the
complainant and his another son Arun Kumar, Hanume Gowda
others were present in the panchayath. Sri T. V. Lakshmi
Narayana has commended the mediation in the APMC office.
Then immediately, this accused voluntarily rushed near T. N.
Raghavendra, abused and assaulted him 2-3 times with slipper
and threatened to kill him, in case he comes to the village. At
that time, there were nearly about 15-20 persons. Immediately
Raghavendra left the spot on his bike, but did not return to the
house on that day. In the next day morning Arun Kumar,
brother of Raghavendra informed the complainant about T. N.
Raghavendra committing suicide in eucalyptus grove situated at
Etagalpura".
CRL.A No. 916 of 2019
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8. on perusal of the said case of the prosecution, it
is seen that the respondent/accused came to know that the
deceased Sri.Raghavendra had a love affair with his daughter
since three to four years, but unfortunately about 15 to 20 days
prior to this incident, Lavanya was not talking with the
deceased Reghavendra. Hence, Raghavendra had gone to the
college of Lavanya and enquired her as to why she was not
talking as well as quarreled with her. When this fact came to
the knowledge of the respondent/accused, in the panchayath
convened at the APMC office, he abused, assaulted and
threatened to kill Sri.Raghavendra in presence of 20-30
persons. Thereafter, the said Sri.Raghavendra committed
suicide. The allegation against the accused/respondent is that
he had assaulted the deceased for 2-3 times with slipper and
threatening with dire consequences.
9. The trial Court taking into consideration the
gravity of the offences committed by the accused and that the
marriage of the respondent's daughter is yet to be performed
awarded sentence. The said discretion exercised by the trial
Court in awarding sentence cannot be said to be inadequate.
There is no minimum sentence for the offences punishable
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under Sections 355, 504 and 306 of IPC. The trial Court has
properly exercised its discretion and awarded the sentence
which is adequate. No ground is made out to enhance the
sentence. Hence, appeal is dismissed.
Sd/-
JUDGE
URN
CT: ABS
