Karnataka High Court
Shaikh Abdul Sattar vs The State on 10 September, 2024
Author: K Natarajan
Bench: K Natarajan
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NC: 2024:KHC-K:6832
CRL.A No. 200126 of 2020
C/W CRL.A No. 200128 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL APPEAL NO.200126 OF 2020
(374(Cr.PC)/415(BNSS))
C/W
CRIMINAL APPEAL NO.200128 OF 2020
(374(Cr.PC)/415(BNSS))
IN CRL.A.NO.200126/2020:
BETWEEN:
TAJODDIN S/O KHAJABAI
AGE: 36 YEARS OCC: AGRICULTURE,
R/O. HIROLI VILLAGE, TQ. ALAND,
DIST. KALABURAGI-585302.
Digitally signed
by KHAJAAMEEN ...APPELLANT
L MALAGHAN
Location: High (BY SRI. SANTOSH PATIL, ADVOCATE)
Court Of
Karnataka AND:
THE STATE OF KARNATAKA
THROUGH GESCOM POLICE STATION, KALABURAGI,
REPRESENTED BY ADDITIONAL SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585105.
...RESPONDENT
(BY SRI. GOPALKRISHNA B. YADAV, HCGP)
-2-
NC: 2024:KHC-K:6832
CRL.A No. 200126 of 2020
C/W CRL.A No. 200128 of 2020
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374
(2) OF CR.P.C., PRAYING TO ALLOW THIS APPEAL AND SET
ASIDE THE IMPUGNED JUDGMENT AND ORDER OF
CONVICTION AND SENTENCE DATED 30.09.2020 CONVICTING
THE ACCUSED NO.2/APPELLANT FOR THE OFFENCE
PUNISHABLE UNDER SECTION 135 OF ELECTRICITY ACT READ
WITH SECTION 379 OF IPC AND SENTENCE OF SIMPLE
IMPRISONMENT FOR A PERIOD OF 02 YEARS WITH FINE
AMOUNT OF RS.30,000/-, IN DEFAULT OF PAYMENT OF FINE
AMOUNT, THE APPELLANT SHALL UNDERGO FURTHER SIMPLE
IMPRISONMENT FOR A PERIOD OF ONE MONTH, BY THE
LEARNED I ADDL. SESSIONS COURT AT KALABURAGI IN SPL.
CASE NO.13/2018.
IN CRL.A.NO.200128/2020:
BETWEEN:
SHAIKH ABDUL SATTAR S/O ISMAILSAB
AGE: 77 YEARS OCC: NIL,
R/O. HIROLI VILLAGE, TQ. ALAND,
DIST. KALABURAGI-585302.
...APPELLANT
(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
-3-
NC: 2024:KHC-K:6832
CRL.A No. 200126 of 2020
C/W CRL.A No. 200128 of 2020
THE STATE THROUGH
GESCOM, POLICE STATION, KALABURAGI,
DIST: KALABURAGI, NOW REPRESENTED BY
ADDL. SPP. HIGH COURT OF KARNATAKA
AT KALABURAGI BENCH-585107.
...RESPONDENT
(BY SRI. GOPALKRISHNA B. YADAV, HCGP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374
(2) OF CR.P.C., PRAYING TO CALL FOR RECORDS AND
EXAMINE THE RECORDS IN SPECIAL CASE NO.13/2018 AND
SET-ASIDE THE JUDGMENT PASSED BY THE LEARNED I ADDL.
SESSIONS JUDGE, KALABURAGI, AT KALABURAGI FOR
CONVICTING THE APPELLANT BY ITS JUDGMENT DATED
30.09.2020.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC-K:6832
CRL.A No. 200126 of 2020
C/W CRL.A No. 200128 of 2020
CORAM: HON'BLE MR. JUSTICE K NATARAJAN
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE K NATARAJAN)
These appeals are filed by the appellants / accused
Nos.1 and 2 under Section 374 (2) of Cr.P.C. seeking to
allow these appeals and set aside the impugned judgment
of conviction and order of sentence dated 30.09.2020
passed by the learned I Addl. Sessions Court at Kalaburagi
in Spl. Case No.13/2018, convicting the appellants /
accused No.1 and 2 for the offence punishable under
Section 135 of Electricity Act read with Section 379 of IPC.
02. Heard the learned counsel for the appellants
and the learned counsel for the respondent.
03. During the pending of these appeals, the
Executive Engineer Vigilance on behalf of the GESCOM has
appeared and submitted that if the full pledge amount is
paid by the appellants / accused Nos.1 and 2, the offence
can be compounded.
NC: 2024:KHC-K:6832
04. The proposal has been given by the GESCOM
Officer, where the appellants are required to pay
Rs.1,16,325/- plus compounding fee of Rs.14,000/-,
totally Rs.1,30,325/-.
05. The learned counsel for the appellants submits
that the appellants are ready to deposit the said amount
and ready to furnish the demand draft in the name of
Assistant Executive Engineer of GESCOM Aland or they will
deposit the said amount directly in the office of the AEE
GESCOM at Aland, on 12.09.2024.
06. The submission of learned counsel for both the
parties, is placed on record.
07. The offence is compoundable offence. The Court
can permit them to compound the offence. The application
is also filed in this regard. The same is accepted.
Accordingly, I proceed to pass the following;
NC: 2024:KHC-K:6832
ORDER
I. Both the appeals are allowed.
II. The judgment of conviction and sentence passed by
the I Additional Sessions Judge, Kalaburagi in Special
Case No.13/2018 dated 30.09.2020, is hereby set-
aside.
III. Both the appellants are hereby acquitted, in view of
the compromise. The Bail Bonds stand cancelled.
IV. The appellants are directed to deposit an amount of
Rs.1,30,325/- to the AEE, GESCOM Aland on
12.09.2024.
Sd/-
(K NATARAJAN)
JUDGE
KJJ
CT:SI
