Karnataka High Court
Krishnegowda vs State Of Karnataka on 29 September, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:35398
CRL.A No. 599 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 599 OF 2012
BETWEEN:
KRISHNEGOWDA
S/O PUTTA MADEGOWDA
AGED ABOUT 44 YEARS
RESIDING AT GENDEHOSAHALLI VILLAGE
ARAKERE HOBLI, SRIRANGAPATNA TALUK
MANDYA DISTRICT.
...APPELLANT
Digitally signed by
LAKSHMINARAYANA (BY SRI A S MAHESHA, ADVOCATE)
MURTHY RAJASHRI
Location: HIGH
COURT OF AND:
KARNATAKA
STATE OF KARNATAKA
BY ARAKERE POLICE STATION
ARAKERE, SRIRANGAPATNA TQ.
MANDYA DISTRICT.
...RESPONDENT
(BY SRI M DIVAKAR MADDUR, HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED:12.9.11 ON THE FILE OF PO,
FTC, SRIRANGAPATNA IN CRL.A.No.79/2010-CONVICTING THE
APPELLANT/ACCUSED No.1 FOR THE OFFENCE P/U/S.323 AND
332 OF IPC AND THE APPELLANT/ACCUSED NO.1 SENTENCED
TO PAY FINE OF RS.1,000/- IN DEFAULT TO PAY FINE TO
UNDERGO SI FOR A PERIOD OF 15 DAYS FOR THE OFFENCE
P/U/S.323 OF IPC. THE APPELLANT/ACCUSED NO.1 IS
SENTENCED TO UNDERGO SI FOR A PERIOD OF THREE
MONTHS AND TO PAY FINE OF RS.1,000/- IN DEFAULT OF
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CRL.A No. 599 of 2012
PAYMENT OF FINE HE SHALL UNDERGO SI FOR A PERIOD OF
15 DAYS FOR THE OFFENCE P/U/SEC.332 OF IPC AND ETC.,
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by the appellant - accused No.1,
praying to set-aside the judgment / sentence dated
12.09.2011 passed in Crl.A.No.79/2010 by the Presiding
Officer, Fast Track Court, Srirangapatna.
2. The appellant - accused No.1 has been convicted for
the offences under Sections 323 and 332 of IPC by the
Additional Civil Judge (Jr.Dn.) and J.M.F.C, Srirangapatna
in C.C.No.107/2009, by judgment dated 11.08.2010 and
sentenced the appellant - accused No.1 to pay fine of
Rs.1,000/- each for the offences under Section 323 and
332 of IPC, with a default sentence.
3. The State aggrieved by the lesser sentence awarded
to the appellant-accused No.1 has filed Crl.A.No.79/2010.
After hearing both sides, the said appeal came to be
allowed and sentence imposed for the offence under
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CRL.A No. 599 of 2012
Section 323 of IPC came to be confirmed and sentence
imposed for the offence under Section 332 of IPC has been
modified and the appellant - accused has been sentenced
to undergo simple imprisonment for a period of three
months and to pay fine of Rs.1,000/-, in default of
payment of fine, to undergo simple imprisonment for a
period of fifteen days. Aggrieved by the said judgment of
the First Appellate Court, appellant No.1 has filed this
appeal.
4. Heard learned counsel for the appellant - accused
No.1 and learned High Court Government Pleader for the
respondent - State.
5. Learned counsel for the appellant would contend that
the injuries sustained by PW1 are simple injuries and the
quarrel has taken place as there was a race between the
two buses to pick up the passengers and considering the
same, the Trial Court has imposed an appropriate
sentence of fine. He further argued that the sentence of
imprisonment as imposed by the First Appellate Court is
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CRL.A No. 599 of 2012
not correct looking into the facts and circumstances of the
case. The injuries sustained by PW1 are simple injuries.
Merely because PW1 is a lady and this appellant - accused
No.1 has obstructed PWs.1 and 2 in discharge of their
duties, cannot impose sentence of imprisonment. With
this, he prayed to allow the appeal and set-aside the
judgment passed by the First Appellate Court in
Crl.A.No.79/2010.
6. Per contra, learned High Court Government Pleader
would contend that PW1 is a lady conductor. This appellant
- accused No.1 who is a driver of private bus quarreled
with the driver of KSRTC bus and PW1 who was a lady
conductor, held her shirt, torn it, twisted her hand and
caused injuries and obstructed PWs.1 and 2 from
discharging their duties. Considering the said aspect, the
First Appellate Court has rightly enhanced the sentence
and rightly imposed the sentence of imprisonment. With
this, he prayed to dismiss the appeal.
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CRL.A No. 599 of 2012
7. The appellant - accused No.1 was the driver of
Gajanana bus (private bus) bearing No.KA-11-4995 and
PW1 was the conductor and PW2 was the driver of KSRTC
bus bearing No.KA-06-F-248. On 29.01.2009, PWs.1
and 2 were coming from Srirangapatna to Mandya via
Arakere and they were discharging their official duties.
Accused No.1 who is the appellant herein and who is the
driver of Gajanana bus bearing No.KA-11-4995 was also
running his bus in the same route. As PWs.1 and 2 made
efforts to overtake the bus of the appellant - accused
No.1, the appellant - accused No.1 picked up quarrel with
PW2 and at that time, PW1 who is the lady conductor of
KSRTC bus, asked the appellant - accused No.1 as to why
he is quarrelling and at that time, this appellant - accused
No.1 caught hold her uniform collar, dragged her and
twisted her hand, in that her shirt pocket was torn and
sustained injuries to her hand and the appellant -accused
No.1 obstructed PWs.1 and 2 in discharging their official
duties.
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CRL.A No. 599 of 2012
8. Considering the evidence on record, the Trial Court in
CC No.107/2009 has held guilty this appellant accused
No.1 for the offence under Sections 323 and 332 of IPC
and imposed fine of Rs.1,000/- each, for the said two
offences. The appellant - accused No.1 did not challenge
the said judgment of conviction and therefore, the
conviction of the appellant - accused No.1 for the offences
under Sections 323 and 332 of IPC became final.
9. Ex.P5 - wound certificate of PW1 which discloses that
PW1 has sustained two injuries on her hand and on her
neck and they are stated to be simple injuries. MO.1 is
the uniform shirt of PW1, the pocket of the said shirt is
stated to have been torn. PW1 is a woman discharging
her duty as a conductor in KSRTC bus. This appellant -
accused No.1 being a man, manhandled PW1, twisted her
hand, caused injuries and obstructed in discharge of her
official duty. Considering the said aspect, the First
Appellate Court has rightly held that imposition of mere
fine is not sufficient to meet the ends of justice and
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CRL.A No. 599 of 2012
sentenced the appellant - accused No.1 for simple
imprisonment for three months along with fine.
10. Considering the facts and circumstances of the case,
the sentence of imprisonment for three months appears to
be on the higher side. Therefore, the sentence of
imprisonment as imposed by the First Appellate Court
requires to be modified and reduced to one month by
enhancing the fine amount to Rs.50,000/-, for the offence
under Section 332 of IPC. In the result, the following;
ORDER
(i) The appeal is allowed in part. The sentence
of imprisonment awarded by the Presiding officer,
Fast Track Court, Srirangapatna in
Crl.A.No.79/2020 dated 12.09.2011 for the
offence under Section 332 of IPC is modified and
reduced to simple imprisonment for a period of
one month and fine is enhanced to Rs.50,000/-
(Rupees fifty thousand only) for the offence under
Section 332 of IPC. In default of payment of fine,
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the appellant - accused No.1 to undergo simple
imprisonment for a period of two months.
(ii) Out of the fine amount, a sum of
Rs.40,000/- is ordered to be paid to PW1 as
compensation under Section 357 of Cr.P.C.
Sd/-
JUDGE
GH
