Karnataka High Court
Sri. Nanjappa vs State By Amruthur Police on 24 November, 2023
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NC: 2023:KHC:42601
CRL.A No. 175 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJESH RAI K
CRIMINAL APPEAL NO. 175 OF 2018
BETWEEN:
SRI. NANJAPPA ,
S/O. GANGAIAH,
AGED ABOUT 57 YEARS,
OWNER-CUM-DRIVER OF
TRACTOR-CUM-DRIVER OF
REG.NO.KA-06-T8499/8500,
R/O KAGGERE, YEDIYUR HOBLI,
KUNIGAL TALUK,
TUMAKURU DISTRICT-577 101.
...APPELLANT
(BY SRI. M B RYAKHA, ADVOCATE)
AND:
STATE BY AMRUTHUR POLICE,
Digitally signed
by VINUTHA M KUNIGAL TALUK,
Location: HIGH TUMKUR DISTRICT-577 101,
COURT OF
KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
...RESPONDENT
(BY SRI. VINAY MAHADEVAIAH, HCGP)
THIS CRL.A. IS FILED U/S.374(2) OF CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT DATED 05.12.2017 PASSED BY THE
PRINCIPAL SESSIONS/SPECIAL JUDGE, TUMAKURU IN
SPL.C.NO.222/2016 - CONVICTING THE APPELLANT/ACCUSED
FOR THE OFFENCE P/U/S 379 OF IPC AND SEC. 4(1A) R/W 21
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NC: 2023:KHC:42601
CRL.A No. 175 of 2018
OF MINES AND MINERALS (DEVELOPMENT AND REGULATION)
ACT AND U/S 3 R/W 181 OF MOTOR VEHICLES ACT.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal preferred by the appellant/accused against
the judgment and order passed in S.C.No.222/2016 dated
05.12.2017 passed by the Prl. Sessions/Special Judge at
Tumakuru. Wherein, the Sessions Judge has convicted the
accused for offence punishable under Section 379 of IPC and
Section 4(1A) r/w Section 21 of Mines and Minerals
(Development of regulation) Act 1957 and Section 3 r/w
Section 181 of Motor Vehicles Act and thereby sentenced the
appellant/accused to pay the fine amount of Rs.5,000/- for
offence punishable under Sections 379 of IPC and in default of
payment of fine, the accused is directed to undergo simple
imprisonment for a period of 3 months. Further, he also
sentenced to pay a fine of Rs.15,000/- for offence punishable
under Section 4(1A) r/w 21 of Mines and Minerals
(Development and Regulation) Act, 1957 in default of payment
of fine the appellant/accused is directed to undergo further
simple imprisonment for a period of 6 months. The
NC: 2023:KHC:42601
appellant/accused further directed to pay a fine of Rs.500 for
offence punishable under Section 3 r/w Section 181 of Motor
Vehicles Act, in default of payment of fine, he shall undergo
simple imprisonment for a period of one month.
2. The learned counsel for the appellant/accused
would submit that subsequent to preferring the current appeal,
this Court vide order dated 30.01.2018 was pleased to suspend
the sentence imposed by the Sessions Court with condition that
the appellant/accused shall deposit the entire fine amount.
3. In pursuance of the said order, the
appellant/accused has deposited the entire fine amount before
the Principal District and Session Judge as per the punishment
imposed by the learned Sessions Judge in respect of the
aforesaid offences on 06.12.2017 reflecting as per the order
sheet of the trial court records. Hence, he would submit that
the fine amount is already deposited and order of sentence is
also already complied. As such he does not intend to prosecute
this appeal on merit by challenging the judgment passed by the
trial Court supra. Accordingly, he prays for an order in this
regard.
NC: 2023:KHC:42601
4. On query, learned counsel for the appellant fairly
submits that the amount in deposit may be adjusted for
payment of fine that is imposed by the learned Sessions Judge
and accordingly prays for closure of the Criminal appeal.
5. The oral submissions of the learned counsel for the
accused is taken on record and accordingly in terms of the
submission, this appeal is disposed of.
Bail bond executed by the appellant/accused shall stand
cancelled.
Sd/-
JUDGE
HKV
