Karnataka High Court
Basappa S/O. Hanumantappa Hedachi vs The State Of Karnataka on 5 August, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102127 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF AUGUST 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102127 OF 2024
BETWEEN:
BASAPPA
S/O. HANUMANTAPPA HEDACHI,
AGE: 48 YEARS, OCC: AGRICULTURE & COOLIE,
R/O: KURUBAGONDA VILLAGE,
HAVERI TQ AND DIST-581110.
...PETITIONER
(BY SRI. BASAVANA GOUD T, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
CIRCLE INSPECTOR OF POLICE,
BYADGI POLICE STATION,
RPTD BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD - 580011.
...RESPONDENT
(BY SRI. JAI RAM SIDDI, HCGP)
YASHAVANT THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
NARAYANKAR SEEKING TO DIRECT THE CONCERNED JAIL AUTHORITIES TO
RELEASE THE PETITIONER, IF HIS CUSTODY IS NOT REQUIRED IN
Location: ANY OTHER CASES IF ANY, WHILE DIRECTING THE CONVICTIONS
HIGH RUN CONCURRENTLY IN CC NO.627/2002, CC NO.628/2002, CC
COURT OF NO.629/2002, DATED 07.10.2008 PASSED BY THE CIVIL JUDGE
KARNATAKA (JR.DN) AND JMFC, BYADGI, AND MODIFIED BY THE JUDGMENT AND
CONVICTION ORDERS IN CRL. APPEAL NO.69/2008, CRL.APPEAL
NO.70/2008, CRL.APPEAL NO.71/2008, DATED 15.07.2013, PASSED
BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI,
IN SO FAR PETITIONER IS CONCERNED.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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CRL.P No. 102127 of 2024
ORAL ORDER
This petition is filed by the petitioner -accused No.6
to release him directing the sentences against the
petitioner in C.C.No.627/2002, 628/2002 and 6029/2002
dated 07.10.2008 passed by the Civl Judge (Junior
Division) and JMF, Byadgi and modified by appellate Court
in judgments dated 15.07.2023 passed in Criminal Appeal
Nos.69/2008, 70/2008 and 71/2008 by the II Additional
District and Sessions Judge, Haveri (Sitting at
Renebennuru) to run concurrently.
2. The petitioner and other accused were
convicted in the following cases:
1) C.C No.627/2002 for the offences punishable
under Section 457 r/w Section 149 of IPC
sentenced to undergo simple imprisonment for a
period of two years each and further sentenced to
pay a fine of Rs.500/- each in default of payment
of fine to suffer simple imprisonment for a period
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of one month each. They further sentenced to
undergo simple imprisonment for a period of two
years each for the offences punishable under
Section 380 r/w Section 149 of IPC and pay a fine
of Rs.500/- each in default of payment of fine to
undergo simple imprisonment for a period of one
month each. The trial Court has ordered that both
the sentences to run concurrently.
2) The petitioners were also sentenced in CC
No.628/2002 to undergo simple imprisonment for
a period of two years each for offences punishable
under Section 457 r/w Section 34 of IPC and to
pay a fine of Rs.500/- each and in default of
payment of fine to undergo simple imprisonment
for a period of one month each and simple
imprisonment for a period of two years and to pay
a fine of Rs.500/- each in default of payment of
fine to undergo simple imprisonment for a period
of one month each for the offences punishable
under Section 380 r/w Section 34 of IPC. The trial
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Court has ordered that both the sentences to run
concurrently.
3) The petitioners were also sentenced in CC
No.629/2002 sentenced to undergo simple
imprisonment for a period of two years each for
offences punishable under Section 457 r/w Section
34 of IPC and to pay a fine of Rs.500/- each and
in default of payment of fine to undergo simple
imprisonment for a period of one month each and
simple imprisonment for two years each and to
pay a fine of Rs.500/- each in default of payment
of fine to undergo simple imprisonment for a
period of one month each for the offences
punishable under Section 380 r/w Section 34 of
IPC. The trial Court has ordered that both the
sentences to run concurrently.
3. The petitioner and other accused have
challenged the said judgment and order of sentence
passed in three cases in Criminal Appeal Nos.69/2008,
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70/2008 and 71/2008 before the II Additional District an
Sessions Judge, Haveri (sitting at Renebennuru). All the
three appeals were allowed in part by judgements dated
15.07.2013 confirming the conviction and reduced the
sentence to one year each for the aforesaid sections
maintaining the fine of Rs.500/- with default sentence as
ordered by the learned Magistrate.
4. The present petition is filed praying to order for
running of all sentences passed in all the three cases
concurrently. This Court in petition filed by accused Nos.1
and 5 in Crl.P.No.101075/2024 by order dated 23.04.2024
has allowed the petition and ordered that sentences
against them to run concurrently. Therefore, the present
petition filed by accused No.6 also requires to be allowed
giving the same benefit to the present petitioner -accused
No.6.
In the result, the following
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ORDER
i) The petition is allowed.
ii) The sentence against the petitioner -accused
No.6 passed in in C.C.No.627/2002, 628/2002
and 6029/2002 dated 07.10.2008 passed by
the Civl Judge (Junior Division) and JMF, Byadgi
and modified by judgments passed in Criminal
Appeal Nos.69/2008, 70/2008 and 71/2008
dated 15.07.2023 by the II Additional District
and Sessions Judge, Haveri (Sitting at
Renebennuru) are ordered to run concurrently.
iii) The jail Authorities are directed to release the
petitioner, if he has completed the sentence
and if he is not required for any other case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
