Karnataka High Court
Mr. Prasanna vs Mr. Puttanna on 19 February, 2024
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CRL.RP No. 1358 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 1358 OF 2016
BETWEEN:
MR. PRASANNA
S/O LATE K.V.DODDAIAH
R/A NEAR MARUTHI KALYANA MANTAPA
PROP: PAVAN ENTERPRISES
CEMENT DEALER, MAIN ROAD
KORATAGERE TOWN - 572 129.
...PETITIONER
Digitally (BY SRI. DEVARAJ M, ADVOCATE)
signed by
SUDHA S
Location: AND:
HIGH MR. PUTTANNA
COURT OF S/O LATE NANJAPPA
KARNATAKA
AGED ABOUT 67 YEARS
R/A OPPOSITE SIRARAMA TEMPLE
(BESCOM OFFICE), AMARAPURA ROAD
SIRA TOWN, TUMAKURU DISTRICT - 572 129.
SINCE DEAD BY HIS LR
(AMENDED VIDE COURT ORDER DATED 23.1.2024)
1(A) SMT. GANGARATHNAMMA
W/O. LATE PUTTANA
AGED ABOUT 73 YEARS
R/O JYOTHI NAGAR, SIRA TOWN
TUMKUR - 572 137.
...RESPONDENT
(BY SRI. K SHANTHARAJ, ADVOCATE FOR R1;
SRI. ARUN K S, ADVOCATE FOR LR'S OF R1(A))
THIS CRL.RP FILED U/S.397(1) OF CR.P.C PRAYING TO SET
ASIDE THE CONVICTION AND SENTENCE DATED 2.4.2016 PASSED
BY THE PRL. C.J. AND J.M.F.C., SIRA IN C.C.NO.1296/2012 AND
DATED 19.09.2016 PASSED BY THE VI ADDL. DIST. AND S.J,
TUMAKURU IN CRL.A.NO.16/2016.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.RP No. 1358 of 2016
ORDER
1. This petition is filed by the petitioner being aggrieved
by the concurrent findings of the Courts below.
2. The Trial Court sentenced the petitioner to pay fine
of Rs.10,000/- along with compensation of
Rs.1,00,000/-. Being aggrieved by the same, after
depositing Rs.1,00,000/- before the Trial Court, the
petitioner herein had preferred an appeal. In the
appeal, the Appellate Court modified the order and
sentenced to pay fine of Rs.35,000/-, out of which
Rs.30,000/- payable to the complainant as
compensation and Rs.5,000/- payable to the State as
fine, and simple imprisonment for three months and in
default of making payment of fine, he was further
directed to undergo one month imprisonment.
3. It is the submission of the learned counsel for
petitioner that the petitioner is now aged 83 years
and he is an agriculturist. Due to some unavoidable
circumstances, he has made transaction with the
complainant. Except this case, no other case of such
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nature is pending before any other Court across the
Karnataka State.
4. It is further submitted that the petitioner is ready to
deposit the fine amount imposed by the Appellate
Court and further he prays to modify the order and
restrict only to the extent of paying the fine instead of
sentencing the petitioner for imprisonment. Learned
counsel for petitioner has also filed a memo of even
date reiterating the above submissions and sought to
set aside the order of conviction and sentence passed
by the Appellate Court. The memo is taken on record.
5. Having considered the memo and submission made by
learned counsel for petitioner and also accepted no
objection of the learned counsel for respondent /
complainant, it is appropriate to modify the order of
the Appellate Court. Hence, I proceed to pass the
following:-
ORDER
(i) The Criminal Revision Petition is disposed of.
(ii) The judgment and order dated 19.09.2016 in
Criminal Appeal No.16/2016 on the file of the VI
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Additional District and Sessions Judge at
Tumakuru is confirmed regarding fine and the
sentence of imprisonment has been set aside.
(iii) The petitioner herein is directed to deposit te
fine amount of Rs.35,000/- as ordered by the
Appellate Court within a period of two weeks
before the Trial Court, if not already deposited.
(iv) The Trial Court is directed to release the amount
in favour of the petitioner herein if there is any
excess amount than Rs.35,000/-, on proper
identification.
Sd/-
JUDGE
Bss
