Vijaykumar @ Viji S/O Krishnappa vs State By H.S.R. Layout Police
2025 Latest Caselaw 9496 Kant

Karnataka High Court

Vijaykumar @ Viji S/O Krishnappa vs State By H.S.R. Layout Police on 28 October, 2025

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                                                           NC: 2025:KHC:43109
                                                        CRL.A No. 437 of 2012


                      HC-KAR




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 28TH DAY OF OCTOBER, 2025

                                             BEFORE
                             THE HON'BLE MR. JUSTICE G BASAVARAJA
                               CRIMINAL APPEAL NO.437 OF 2012 (C)
                      BETWEEN:

                      VIJAYKUMAR @ VIJI S/O KRISHNAPPA
                      AGED 26 YEARS, R/A GAJANETHIKER, OPP: DSS OFFICE,
                      7TH MAIN, CHIKKABEGUR GATE, HOSUR MAIN ROAD,
                      BANGALORE

                                                                ...APPELLANT
                      (BY SRI. JEEVAN K, ADVOCATE)

                      AND:

                      STATE BY H.S.R. LAYOUT POLICE

                                                              ...RESPONDENT
Digitally signed by
LAKSHMINARAYAN        (BY SRI. R. RANGASWAMY, HCGP)
N
Location: HIGH
COURT OF                   THIS CRL.A IS FILED U/S.374(2)CR.P.C BY THE
KARNATAKA
                      ADVOCATE FOR THE APPELLANT PRAYING THAT THIS
                      HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE
                      JUDGMENT DATED 29.02.2012 (JUDGMENT PRONOUNCED
                      ON 22.03.2012) PASSED IN S.C.NO.960/2010 BY THE
                      PRESIDING OFFICER, FAST TRACK COURT - IX,
                      BANGALORE - CONVICTING THE APPELLANT/ACCUSED
                      NO.2 FOR THE OFFENCE P/U/S.395 R/W. 397 OF IPC. AND
                      APPELLANT/ACCUSED NO.2 IS SENTENCED TO UNDERGO
                      R.I. FOR A PERIOD OF 07 (SEVEN) YEARS AND ALSO
                      LIABLE TO PAY A FINE OF RS.5,000/- (RUPEES FIVE
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                                              NC: 2025:KHC:43109
                                           CRL.A No. 437 of 2012


 HC-KAR




THOUSAND) AND I/D TO PAY THE FINE AMOUNT, HE
SHALL FURTHER UNDERGO S.I. FOR A PERIOD OF TWO
(2) MONTHS, FOR THE OFFENCE P/U/S.395 R/W. 397 OF
IPC.

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA


                       ORAL JUDGMENT

Appellant Vijaykumar, who is accused No.2 has preferred

the appeal against the judgment of conviction and order on

sentence dated 29th February 2012 passed in SC No.960 of

2010 by the Presiding Officer, Fast Track Court-IX, Bangalore

(for short "the trial Court").

2. The learned Counsel appearing for the appellant

would submit that HSR Layout Police filed charge-sheet against

the accused for commission of offences punishable under

section 395 read with Section 34 of Indian Penal Code. But the

trial Court as framed charges for the offence punishable under

Section 395 read with 397 of Indian Penal Code and has

convicted the accused for the offence punishable under

Sections 395 read with 397 of Indian Penal Code and further

accused 1 to 5 are sentenced to undergo imprisonment for a

period of 7 years and liable to pay fine of Rs.5,000/- each in

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default to pay the fine amount, they shall further undergo

simple imprisonment for a period of two months for offence

under section 395 read with 397 of Indian Penal Code. Being

aggrieved by this judgment of conviction and order on

sentence, accused No.5-Venkatesh, accused No.3-S Rambabu

and accused No.1-Nagaraju, have preferred this appeal before

this court in Criminal Appeal No.391 of 2012 connected with

Criminal Appeals No.424 of 2012 and 538 of 2012. All these

cases were clubbed together and the Co-ordinate Bench of this

court has acquitted all the accused for the offence punishable

under section 397 of Indian Penal Code and the conviction

passed by the trial court in respect of offence punishable under

section 395 of Indian Penal Code was confirmed and the same

was modified subject to payment of enhanced fine in a sum of

Rs.50,000/- payable by each of the appellants on or before 20 th

March 2025. The learned Counsel would submit that the

present appellant is also ready to abide by this order passed by

the co-ordinate bench and the appellant is also ready to pay

the enhanced fine amount of Rs.50,000/- and accordingly

sought to allow the appeal by modifying the sentence passed

by the trial court for offence punishable under section 395 of

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Indian Penal Code. The counsel for the appellant has produced

copy of this order passed by the Co-ordinate Bench in the

aforestated appeals. All the three appeals arise out of SC

No.960 of 2021 dated 29th February, 2012. The Order portion

of the judgment passed by the Co-ordinate Bench reads as

under:

(i) Criminals Appeals are allowed in part;

(ii) All the appellants are acquitted for the offence punishable under Section 397 of Indian Penal Code;

(iii) Conviction of the appellants for the offence pujnishable under Section 395 of the Indian Penal Code is maintained and the custody period already undergone by them is treated as period of imprisonment subject to payment of enhanced fine in a sum of Rs.50,000/-

payable by each of the appellants on or before 20th March, 2025;

(iv) Failure to make payment of the enhanced fine amount, the appellants shall undergo simple imprisonment for a period of one year and six months;

(v) Out of the fine amount recovered, Rs.25,000/-

each is ordered to be paid to PW7 and PW14 as compensation;

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(vi) Balance fine amount shall be appropriated towards defraying expenses of the State.

(vii) Office is directed to return the trial Court records with copy of this judgment for issue of modified conviction warrant.

3. This court has received report from the Chief

Superintendent, Central prison, Bangalore. In the report it is

stated that the period undergone by this accused-Vijaykumar @

Viji is from 29th December, 2009 to 21st March 2012, i.e. two

years, two months and 23 days further from 22nd March 2012

to 05th July, 2012 for 3 months and 13 days. Considering the

submission of the learned Counsel for the appellant and also

keeping in mind, the judgment passed by the Co-ordinate

Bench of this court in abovesaid criminal appeals, in view of

principle of parity, at the stage, it is proper to allow this appeal

only to the extent of modification of sentence. Accordingly, I

proceed to pass the following:

ORDER

i) Appeal is allowed in part;

ii) Appellant is acquitted of the offence punishable under Section 397 of Indian Penal Code;

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iii) Conviction of the complainant for the offence punishable under section 395 of Indian Penal Code is maintained and the custody period undergone by the appellant is treated as period of imprisonment, subject to the appellant paying fine of Rs.50,000/- on or before 28th November 2025;

iv) Failure to make the payment of enhanced fine of ₹50,000/- the appellant shall undergo simple imprisonment for a period of one year and six months;

v) Out of fine amount recovered Rs.25,000/- each is to be ordered to be paid to PW7 and PW14 as compensation;

vi) Balance fine amount shall be appropriate towards defraying expenses of the State;

vii) Registry is directed to return the trial court records along with copy of this judgment for issuance of modified conviction warrant.

Sd/-

(G BASAVARAJA) JUDGE