Karnataka High Court
Ravi @ Vaddar Ravi vs The State Of Karnataka By on 14 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:3574
CRL.RP No. 100067 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100067 OF 2016 (397)
BETWEEN:
RAVI @ VADDAR RAVI
S/O HULUGAPPA
AGE: 29 YEARS,
OCC: AGRICULTURE,
R/O: NEAR MUTTON MARKET,
CHAPPARADHALLI HOSAPETE,
BALLARI DIST.
...PETITIONER
(BY SRI. GIRISH S. HIREMATH, ADVOCATE)
AND:
ANNAPURNA THE STATE OF KARNATAKA BY
CHINNAPPA ITS PUBLIC PROSECUTOR,
DANDAGAL PSI BADAVANE P.S
Digitally signed by
HOSAPETE,
ANNAPURNA
CHINNAPPA
BALLARI DIST.
DANDAGAL
Date: 2024.02.19
14:50:48 +0530 ...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397
R/W 401 OF CR.P.C., PRAYING TO ADMIT THE PETITION AND
CALL FOR RECORDS FORM THE BOTH COURTS BELOW AND
SET ASIDE THE JUDGMENTS; IN C.C.NO.778/2012 PASSED BY
THE PRL. CIVIL JUDGE AND JMFC, HOSPET DATED.06.04.2015
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CRL.RP No. 100067 of 2016
AND CONFIRMED BY THE III ADDL. DIST. AND SESSIONS
JUDGE, BALLARY (SITTING AT HOSPET) IN CRL.A.NO.
5055/2015 DATED 23.01.2016 BY ALLOWING THE REVISION
PETITION.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. This revision petition under Section 397 r/w 401 of
Cr.P.C., is filed with a prayer to set aside the judgment
and order of conviction and sentence dated 06.04.2015
passed by the Court of Principal Civil Judge and JMFC,
Hospet in C.C.No.778/2012 and the judgment and order
dated 23.01.2016 passed by the Court of III Addl. District
and Sessions Judge, Ballari (sitting at Hosapete) in
Crl.A.No.5055/2015.
2. Heard the learned counsel for the parties.
3. Learned counsel for the petitioner at the inception
submits that the petitioner was in custody for a period of
nearly five years in the present case and if the order of
sentence passed by the Trial Court for the offences
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punishable under Sections 457 and 380 of IPC is ordered
to run concurrently, the same would meet the ends of
justice.
4. Learned HCGP does not seriously oppose the said
submission. Learned HCGP points out from the record that
the petitioner was in custody from 31.10.2011 till
13.06.2015, the date on which the order on sentence was
passed by the Trial Court.
5. The petitioner has been convicted by the Trial Court
for the offences punishable under Sections 457 and 380 of
IPC and he has been sentenced to undergo simple
imprisonment for a period of three years for each of the
aforesaid offences and also to pay fine of Rs.5,000/- for
each of the offence and in default, to undergo simple
imprisonment for a period of six months. The Trial Court
has observed that the sentence passed against the
accused shall run consecutively i.e., one after the expiry of
the other. It is trite that the sentences imposed by the
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Courts are normally required to be ordered to run
concurrently. However, in the present case, the Trial Court
has directed that the sentences imposed shall run
consecutively without assigning any special reason for the
same. The Appellate Court also has failed to appreciate
this aspect of the matter and has confirmed the order on
sentence passed by the Trial Court. In my opinion, the
Trial Court as well as the Appellate Court were not justified
in ordering the sentences imposed on the accused to run
consecutively. Accordingly, the following:-
ORDER
(i) The Criminal Revision Petition is partly
allowed.
(ii) The judgment and order of conviction
and sentence passed by the Courts
below convicting the petitioner for the
offences punishable under Sections 457
and 380 of IPC are confirmed.
(iii) The order of sentence is modified to the
extent it states that the sentences
imposed on the accused for the
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offences punishable under Sections 457
and 380 of IPC shall run consecutively
and instead, it is ordered that the
sentences shall run concurrently.
Sd/-
JUDGE
AC,DN
