Basavaraju @ Kongadi vs State Of Karnataka
2024 Latest Caselaw 25612 Kant

Karnataka High Court

Basavaraju @ Kongadi vs State Of Karnataka on 28 October, 2024

                                               -1-
                                                             NC: 2024:KHC:43434
                                                         CRL.P No. 9219 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 28TH DAY OF OCTOBER, 2024

                                             BEFORE
                               THE HON'BLE MRS JUSTICE M G UMA

                              CRIMINAL PETITION NO. 9219 OF 2021

                   BETWEEN:
                   BASAVARAJU @ KONGADI
                   S/O APPARAO
                   AGED ABOUT 47 YEARS
                   (NOW 58 YEARS)
                   R/A HINDAGODLU POST
                   HANAGODU HOBLI, HUNSUR TALUK
                   PRESENTLY R/AT ASTAPHENALLI VILLAGE
                   NELLUR HOBLI, CHANNAGIRI TALUK
                   DAVANAGERE DISTRICT
                   DAVANAGERE - 577 213
                                                                   ...PETITIONER
Digitally signed   (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE (ABSENT))
by NANDINI B G
Location: high
court of           AND:
karnataka
                   1.   STATE OF KARNATAKA
                        BY SALIGRAMA POLICE STATION
                        REP BY STATE PUBLIC PROSECUTOR
                        HIGH COURT OF KARNATAKA
                        HIGH COURT BUILDING
                        BANGALORE - 560 001

                   2.   STATE OF KARNATAKA
                        BY KONANURU POLICE STATION
                        REP BY STATE PUBLIC PROSECUTOR
                        HIGH COURT OF KARNATAKA
                        HIGH COURT BUILDING
                        BANGALORE - 560 001
                                                                 ...RESPONDENTS
                   (BY SRI. RAJATH SUBRAMANYAM, HCGP)

                         THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
                   CR.P.C PRAYING TO A) CRL.A.NO.770/2012 DATED 12.12.2017
                   UPHOLDING THE JUDGMENT AND CONVICTION PASSED BY THE II -
                                 -2-
                                            NC: 2024:KHC:43434
                                        CRL.P No. 9219 of 2021




FAST TRACK AND SESSIONS JUDGE, HASSAN IN S.C.NO.148/2009
CONVICTING THE PETITIONER HEREIN FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 396, 397 OF IPC AND THE
PETITIONER WAS SENTENCED TO UNDERGO R.I FOR LIFE AND TO
PAY FINE AMOUNT OF RS.5,000/- EACH AND IN DEFAULT TO PAY
FINE AMOUNT OF AMOUNT OF HE WAS SENTENCED TO UNDERGO
R.I FOR A PERIOD OF 5 MONTHS, FOR THE OFFENCE PUNISHABLE
UNDER SECTION 396 OF IPC AND FURTHER THE PETITIONER WAS
SENTENCED TO UNDERGO R.I FOR A PERIOD OF 7 YEARS, FOR THE
OFFENCE PUNISHABLE UNDER SECTION 397 OF IPC; B)
CRL.A.NO.624/2020 DATED 29.06.2017 UPHOLDING THE JUDGMENT
AND CONVICTION PASSED BY THE I ADDITIONAL SESSIONS JUDGE,
MYSORE IN S.C.NO.272/2008 ON 25.05.2010 CONVICTING THE
PETITIONER HEREIN FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 399, 400, 402 READ WITH 149 OF IPC AND SENTENCING
TO UNDERGO R.I FOR THE PERIOD OF 10 YEARS AND TO PAY FINE
AMOUNT OF RS.1,000/- IN DEFAULT TO PAY FINE AMOUNT, TO
UNDERGO SI FOR 6 MONTHS FOR THE OFFENCE PUNISHABLE
UNDER SECTION 399 READ WITH 149 OF IPC AND ALSO
SENTENCING HIM TO UNDERGO RI FOR A PERIOD OF 10 YEARS AND
TO PAY FINE OF RS.1,000/- EACH IN DEFAULT TO PAY FINE, TO
UNDERGO SI FOR 6 MONTHS FOR THE OFFENCES PUNISHABLE
UNDEDR SECTION 400 READ WITH 149 OF IPC AND ALSO
SENTENCING HIM TO UNDERGO RI FOR A PERIOD OF 7 YEARS AND
TO PAY A FINE OF RS.1,000/- EACH IN DEFAULT TO PAY THE FINE,
TO UNDERGO SI FOR A PERIOD OF 6 MONTHS FOR THE OFFENCE
PUNISHABLE UNDER SECTION 402 READ WITH 149 OF IPC.



      THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:    HON'BLE MRS JUSTICE M G UMA


                        ORAL ORDER

Learned counsel for the petitioner is absent. No

representation even when the matter was passed over thrice

and again called at 4.44 p.m.

NC: 2024:KHC:43434

Office objections are not complied with till date even

when the matter is listed for third time. It appears that the

petitioner is not interested in prosecuting the petition.

Hence, the petition is dismissed for non compliance of

office objections.

Sd/-

(M G UMA) JUDGE

*bgn/-

CT:VS