Karnataka High Court
Umesh S/O. Ningappa Muduguri vs The State Of Karnataka on 16 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2024:KHC-D:3761
CRL.RP No. 100304 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100304 OF 2023 (397)
BETWEEN:
UMESH S/O.NINGAPPA MUDUGURI,
AGE. 35 YEARS, OCC. AUTO DRIVER,
R/O. KURBAR ONI, SAINAGAR,
INFRONT OF CHIKKAMATH
SCHOOL UNAKAL, HUBBALLI, PIN-580031.
...PETITIONER
(BY SRI T. R. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY A.P.M.C. NAVANAGAR POLICE STATION,
HUBBALLI,
R/BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BENCH DHARWAD, PIN-580011.
...RESPONDENT
ANNAPURNA (BY SMT. GIRIJA S. HIREMATH, HCGP)
CHINNAPPA
DANDAGAL THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W
Digitally signed by
401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN C.C.NO.
ANNAPURNA
CHINNAPPA
107/2015, ON THE 3RD ADDL. SENIOR CIVIL JUDGE AND J.M.F.C.
DANDAGAL HUBBALLI AND RECORDS IN CRIMINAL APPEAL NO.02/2018 FROM
Date: 2024.02.19
16:53:02 +0530 THE FILE OF THE I-ADDL. DISTRICT AND SESSIONS JUDGE
DHARWAD SITTING AT HUBBALLI, AND SET ASIDE THE JUDGMENT
PASSED IN C.C.NO. 107/2015 PASSED BY THE COURT OF 3RD ADDL.
SENIOR CIVIL JUDGE AND J.M.F.C. HUBBALLI DATED 04.05.2016,
CONVICTING THE PETITIONER FOR THE OFFENCES PUNISHABLE
U/SEC. 457 AND 380 OF IPC AND ALSO SET-ASIDE THE JUDGMENT
PASSED IN CRIMINAL APPEAL NO. 02/2018 PASSED BY THE I ADDL.
DISTRICT AND SESSIONS JUDGE DHARWAD SITTING AT HUBBALLI
DATED 30.01.2023, CONFIRMING THE JUDGMENT OF CONVICTION
OF THE TRIAL COURT AND ACQUIT, THE PETITIONER OF THE
OFFENCE WITH WHICH HE HAS BEEN CONVICTED AND SENTENCED.
-2-
NC: 2024:KHC-D:3761
CRL.RP No. 100304 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This criminal revision petition under Section 397 read
with Section 401 of Cr.P.C. is filed by the accused No.1,
who has been convicted and sentenced for the offences
punishable under Sections 380 and 457 of IPC by the
Court of III Additional Senior Civil Judge and JMFC,
Hubballi in Criminal Case No.107/2015 by the Judgment
and order of conviction and sentence dated 04.05.2016,
which was confirmed in Criminal Appeal No.2/2018 by the
Court of I Additional District and Sessions Judge, Dharwad
sitting at Hubballi by the Judgment and order dated
30.01.2023.
2. The petitioner/accused No.1 was convicted by
the Trial Court for the offences punishable under Sections
380 and 457 of IPC and was sentenced to undergo
imprisonment for a period of 02 years and pay fine of
Rs.2,000/- and in default, to undergo simple imprisonment
for a period of one month for the offence punishable under
NC: 2024:KHC-D:3761
Section 457 of IPC and for the offence punishable under
Section 380 of IPC, the petitioner was sentenced to
undergo imprisonment for a period of 1½ years and pay
fine of Rs.1,000/- and in default, to undergo simple
imprisonment for a period of 15 days. The said sentences
were ordered to run concurrently. The appellate Court had
confirmed the Judgment and order of conviction and
sentence passed by the Trial Court.
3. Learned counsel for the petitioner/accused No.1
submits that petitioner had already undergone the period
of sentence imposed by the Trial Court in the present case
and inspite of the same, he has been now taken to custody
in view of the conviction warrant issued by the Trial Court
after his criminal appeal was dismissed by the appellate
Court.
4. Learned HCGP who was directed to secure
instructions in this regard on 08.02.2024, on instructions,
submits that the petitioner/accused No.1 had already
undergone the period of sentence as directed by the Trial
Court for the offences punishable under Sections 457 and
NC: 2024:KHC-D:3761
380 of IPC as on the date of disposal of his appeal by the
appellate Court.
5. From the submissions made by the learned
counsel for the parties and also from the material on
record, it is seen that the petitioner/accused No.1 has
been taken into custody on the ground that the Trial Court
has issued a conviction warrant against him. He is said to
be in custody from 29.01.2024 onwards. The Jail
authorities were bound to bring to the notice of the Court
that the petitioner/accused No.1 has already undergone
the sentence imposed on him by the trial Court, as on the
date the conviction warrant was issued against him. There
is a serious lapse on the part of the concerned officials.
Under the circumstances, necessary action is required to
be taken against the erring officials. Under the
circumstances, the following:
ORDER
(i) The criminal revision petition is disposed off
with a direction to the concerned Jail
NC: 2024:KHC-D:3761
authorities to release the petitioner/accused
No.1 from the judicial custody forthwith, in
the event, he has undergone the period of
sentence and also paid the fine amount as
directed by the Trial Court in Criminal Case
No.107/2015 by the order dated 04.05.2016.
(ii) The Trial Court is directed to call for
explanation from the erring officials, and if
necessary, also direct the competent
authorities to take appropriate action against
the erring officials.
Sd/-
JUDGE
ckk
CT:GSM
