Karnataka High Court
Sunil Kumar @ Chikka vs The State on 24 February, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 1276 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1276 OF 2011
BETWEEN:
1. SUNIL KUMAR @ CHIKKA
S/O JAYAPAL
AGED ABOUT 23 YEARS
R/A PANTHARAPALYA
BANGALORE.
2. ARUN MOHAN
S/O MUNIYAPPA
AGED ABOUT 21 YEARS
R/A CHENNAYAPPANAPALYA
PEENYA, 2ND STAGE
BANGALORE.
3. KUMAR
S/O VENKATESH
AGED ABOUT 25 YEARS
Digitally signed R/A NO.27, 4TH WARD
by SANDHYA S KAISONPINABEEDHI
Location: HIGH RAMANAGARA.
COURT OF
KARNATAKA
4. RANJEETH
S/O KANNAN
AGED ABOUT 27 YEARS
R/A NO.326, PANTHARAPALYA
BANGALORE.
5. PRASAD
S/O MANIVANNA
AGED ABOUT 27 YEARS
R/A 1ST CROSS,
MARUTHI NAGAR
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CRL.A No. 1276 of 2011
SONNENAHALLI
BANGALORE.
...APPELLANTS
(BY SRI DILRAJ ROHIT SEQUEIRA, ADVOCATE)
AND:
THE STATE
REPRESENTED BY THE
THALAGHATTAPURA POLICE STATION
BANGALORE RURAL DISTRICT
BY STATE PUBLIC PROSECUTOR.
...RESPONDENT
(BY SRI S VISWA MURTHY, HCGP)
THIS CRL.A.IS FILED U/S.374(2) OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED:18.10.11 PASSED BY THE P.O.,
FTC-V, BANGALORE RURAL DIST., BANGALORE IN
S.C.NO.205/10 - CONVICTING THE APPELLANTS/ACCUSED FOR
THE OFFENCES P/U/S 395, 397 OF IPC AND ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
As per order sheet dated 08.02.2023, the appellants
- accused Nos. 1 to 5 have been convicted for the offence
punishable under Sections 395 and 397 of IPC in S.C.
No.205/2010 by judgment dated 18.10.2011 by the
Presiding Officer, FTC-V, Bengaluru Rural District,
Bengaluru.
CRL.A No. 1276 of 2011
2. Appellants - accused Nos. 1 to 5 are sentenced
to undergo rigorous imprisonment for a period of seven
years for offence under Section 395 of IPC and further
sentenced to undergo rigorous imprisonment for a period
of 7 years for offence under Section 397 of IPC. The trial
Court has ordered both the sentences to run concurrently
and also given benefit of Section 428 of Cr.P.C.
3. The application filed by the appellants seeking
suspension of sentence in I.A. No.1/2011 came to be
rejected by this Court by order dated 11.01.2012. This
appeal is filed on 15.12.2011.
4. This Court vide order dated 08.02.2023 has
directed the Registrar(Judicial) to ascertain from the
concerned prison as to whether the appellants have
completed their sentence or not.
CRL.A No. 1276 of 2011
5. Registrar(Judicial) has received a letter dated
20.02.2023 sent by the Chief Superintendent, Central
Prison, Bengaluru wherein it is intimated that accused
Nos.3, 4 and 5 (who are appellant Nos.3, 4 and 5) have
been released as they have completed their sentence.
6. The Registrar General has received a
communication dated 24.02.2023 from the Chief
Superintendent, Central Prison, Kalaburagi, wherein it is
intimated that appellant No.1 Sunil Kumar @
Chikkathande Jayapal @ Vijaykumar (accused No.1) has
completed his sentence and has paid the fine amount and
has been released on 05.05.2016, on completion of
sentence by appellant/accused No.1. The communication
has also been received from the Chief Superintendent,
Central Prison, Belagavi, wherein it is intimated that
appellant No.2- Arun Mohan (accused No.2) has completed
his sentence and has been released on 27.04.2017.
CRL.A No. 1276 of 2011
7. In view of all appellants i.e. appellant Nos.1 to
5 (accused Nos.1 to 5) completing their sentence, have
been released.
8. Since all the appellants have completed their
sentence, this appeal does not survive for consideration.
Hence, the appeal stands disposed of.
Sd/-
JUDGE
SSD
