Shri Marulappa @ Marulasiddappa vs The State By
2023 Latest Caselaw 1553 Kant

                                            -1-
                                                     CRL.A No. 211 of 2012




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 23RD DAY OF FEBRUARY, 2023

                                          BEFORE
                   THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                              CRIMINAL APPEAL NO. 211 OF 2012
                   BETWEEN:

                      SHRI MARULAPPA @ MARULASIDDAPPA
                      S/O THIMMAIAH
                      AGED ABOUT 29 YEARS
                      R/O SASALU GRAMA
                      SHETTYKERE HOBLI, C.N.HALLI TALUK
                      TUMKUR DISTRICT.
                                                           ...APPELLANT
                   (BY SRI R P SOMASHEKARAIAH, ADVOCATE)

                   AND:

                      THE STATE BY
                      C.N.HALLI POLICE STATION,
                      C.N.HALLI TALUK,
                      TUMKUR DISTRICT
Digitally signed      REPRESENTED BY ITS
by SANDHYA S          STATE PUBLIC PROSECUTOR,
Location: HIGH        HIGH COURT BUILDING
COURT OF              BANGALORE.
KARNATAKA                                                  ...RESPONDENT
                   (BY SRI S VISWA MUTHRY, HCGP)

                        THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO
                   SET ASIDE THE JUDGMENT DT.27.1.2012 PASSED BY THE
                   PRESIDING OFFICER, FAST TRACK COURT TIPTUR IN
                   S.C.NO.195/2010-CONVICTING THE APPELLANT/ACCUSED FOR
                   THE OFFENCE P/U/S 376 AND 306 OF IPC AND ETC.,

                       THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                             -2-
                                         CRL.A No. 211 of 2012




                       JUDGMENT

The sole accused has filed this appeal challenging the

Judgment of conviction and order of sentence dated

27.01.2012 passed in S.C. No.195/2010 by Fast Track

Court, Tiptur. The appellant - accused has been sentenced

to undergo rigorous imprisonment for seven years and fine

of Rs.20,000/- with default sentence for offence under

Section 376 of IPC and further sentenced to undergo

rigorous imprisonment for five years and fine of

Rs.10,000/- with default sentence for offence under

Section 306 of IPC. The Trial Court has ordered that both

the sentences shall run concurrently and has given benefit

of set off under Section 428 of Cr.P.C.

2. This appeal is filed on 14.02.2012. I.A. No.1/2012

filed by this appellant - accused seeking suspension of

sentence came to be rejected by order dated 03.04.2012.

CRL.A No. 211 of 2012

3. This Court by its order dated 06.02.2023 directed

the Registrar (Judicial) to ascertain from the concerned jail

authorities as to whether the appellant - accused has

completed his term of sentence.

4. Registrar (Judicial) has received a letter dated

13/15.02.2023 by e-mail and it is signed by Chief

Superintendent, Central Prison, Bengaluru. In the said

letter there is a mention that the appellant - accused

Marulappa @ Marulasiddappa son of Thimmaiah has

completed his sentence passed in S.C. No. 195/2010 by

Fast Track Court, Tiptur and he has been released on

04.02.2016.

5. In view of the appellant - accused completing his

sentence, the appeal does not survive for consideration.

Hence, the appeal is disposed of.

Sd/-

JUDGE

SAC/LRS