Karnataka High Court
Bangarappa vs State Of Karnataka on 25 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:29693
CRL.RP No. 440 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION No.440 OF 2016
BETWEEN:
1. BANGARAPPA
S/O. NARASHIMHAIAH,
AGED ABOUT 56 YEARS,
AGRICULTURIST,
R/O. YADEHALLI VILLAGE AND POST,
BHADRAVATHI TALUK,
SHIMOGA DISTRICT-577 227.
...PETITIONER
(BY SRI VENKATARAMANA K S, ADVOCATE)
AND:
1. STATE OF KARNATAKA
P.S.I. OF HOLEHONNUR POLICE,
BHADRAVATHI TALUK,
REPTD. BY S.P.P.,
Digitally HIGH COURT BUILDING,
signed by
MALATESH BANGALORE-560 001.
KC ...RESPONDENT
Location:
HIGH (BY SRI CHANNAPPA ERAPPA, HCGP)
COURT OF
KARNATAKA THIS CRL.RP IS FILED UNDER SECTION 397(1) R/W 401
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED 30.01.2016, PASSED BY THE IV ADDL. DISTRICT AND
S.J., SHIMOGA, (SITTING AT BHADRAVATHI) IN
CRL.A.NO.149/2012 AND THE JUDGMENT AND ORDER OF
CONFIRMATION DATED 16.07.2012 PASSED IN
C.C.NO.2934/2005 ON THE FILE OF I ADDL. CIVIL JUDGE AND
JMFC AT BHADRAVATHI, BY DISMISSING THE COMPLAINT OF
THE RESPONDENT/COMPLAINANT.
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NC: 2024:KHC:29693
CRL.RP No. 440 of 2016
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Heard Sri K.S.Venkataramana, learned counsel for the
revision petitioner and Sri Channappa Erappa, learned High
Court Government Pleader.
2. Revision petition is filed challenging the order of
conviction passed in C.C No.2934/2005 dated 16.07.2012 on
the file of the I Addl. Civil Judge and JMFC, Bhadravathi,
confirmed in Criminal Appeal No.149/2012 dated 30th January
2016 on the file of the IV Addl. District and Sessions Judge,
Shivamogga, sitting at Bhadravathi, for the offence punishable
under Sections 2(e)(i)(vi),(vii),2(o),3(iv),(v),(vi) of the Motor
Spirit and High Speed Diesel Prevention of Malpractices Supply
and Distribution Order, 1990, and Sections 3 and 7 of the
Essential Commodities Act, 1965, and sentenced to rigorous
imprisonment for three years and to pay fine of Rs.10,000/-.
3. Facts of the case in brief which are utmost necessary for
disposal of the present revision petition are as under:
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4. Accused has been charge sheeted for the aforesaid
offences by Bhadravathi Rural Police Station, Bhadravati Taluk,
Shivamogga District.
5. Samples collected from the petitioner were sent to
laboratory and received the report to the effect that samples
were not up to the required quality and therefore, accused was
made to stand for trial.
6. After due trial, accused has been convicted. Accused filed
an appeal which also on merits, came to be dismissed.
7. Being aggrieved by the same petitioner is before this
court.
8. Sri K.S.Venkataramana, learned counsel for the revision
petitioner contended that only on the basis of samples accused
has been wrongly convicted which is impermissible and
therefore sought for allowing the revision petition.
Alternatively, he also contended that in the event of this court
upholding the Order of conviction, having regard to the scope
of revision, custody period of one month already undergone by
the accused may be treated as period of imprisonment having
NC: 2024:KHC:29693
regard to the health condition of the petitioner who is
bedridden and the fine amount may be enhanced reasonably.
9. Per contra, learned High Court Government Pleader
supports the impugned judgments and also opposes the
revision grounds including reduction of sentence.
10. Having heard the learned counsel for the parties, this
Court perused the material on record meticulously.
11. On such perusal of the material on record, it is crystal
clear that samples have been collected in the presence of
independent witnesses from the petitioner. Samples were sent
for chemical examination. Report placed on record shows that
samples collected were not upto the required quality.
Therefore report came to be filed and thereafter revision
petitioner has been prosecuted for the aforesaid offences by
filing necessary charge sheet.
12. After due trial, learned trial Judge considering the
material evidence on record, especially report of the chemical
examiner, who did not nurture any enmity or animosity as
NC: 2024:KHC:29693
against the revision petitioner, convicted the accused as
aforesaid.
13. Learned Judge in the first Appellate Court on re-
appreciation of the material on record confirmed the finding
recorded by the learned trial Judge and dismissed the appeal.
14. This Court, that too in revisional jurisdiction, cannot
revisit into the factual aspects of the matter in upsetting the
findings recorded by the Courts. Accordingly, conviction needs
no interference.
15. Having said thus, it is submitted on behalf of the revision
petitioner that petitioner is now aged 64 years and bedridden.
Taking note of the fact that accused was in custody for a period
of one month during the trial, same can be treated as the
period of imprisonment having regard to the health condition
and maximum imprisonment prescribed in the Statute for the
aforesaid offences, by enhancing the fine amount in a sum of
Rs.50,000/-.
16. Accordingly, the following:
NC: 2024:KHC:29693
ORDER
(i) Revision petition is allowed in part.
(ii) While maintaining the order of conviction of the
accused for the offences punishable under
Sections 2(e)(i)(vi),(vii),2(o),3(iv),(v),(vi) of the
Motor Spirit and High Speed Diesel Prevention of
Malpractices Supply and Distribution Order, 1990,
and Sections 3 and 7 of the Essential Commodities
Act, 1965, sentence ordered by the learned Trial
Magistrate, confirmed by the learned Judge in the
first Appellate Court is modified as under:
(a) Custody period of one month already
undergone by the revision petitioner is
treated as the period of imprisonment for
the aforesaid offences and accused is
directed to pay enhanced fine amount in
a sum of Rs.50,000/- in addition to the
fine amount already imposed by the
learned trial Magistrate confirmed by the
learned Judge in the First Appellate
Court.
(iii) Time is granted till 20th August 2024 to pay the
fine amount.
(iv) Failure to make the enhanced payment of fine
amount, order of conviction passed by the learned
NC: 2024:KHC:29693
Trial Judge confirmed by the learned Judge in the
first Appellate Court stands automatically
restored.
(v) Office is directed to return the Trial Court Records
with copy of this order, forthwith.
Sd/-
(V SRISHANANDA)
JUDGE
kcm
