Kerala High Court
Rakesh Krishna vs State Of Kerala on 14 February, 2025
CRL.A No.1833/2024 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Friday, the 14th day of February 2025 / 25th Magha, 1946
CRL.M.APPL.NO.2/2024 IN CRL.A NO. 1833 OF
SC 2/2019 OF SPECIAL COURT FOR ATROCITIES AGAINST WOMEN AND
CHILDREN(ADDL.SESSIONS COURT-I) KASARGOD
APPLICANT/IST APPELLANT/1ST ACCUSED:
1. RAKESH KRISHNA AGED 38 YEARS S/O. T.K. RAMESHAN, RESIDING AT
PORAVANKARA HOUSE, HOUSE NO.WEP-IV/652, MANGOD, KOTTAMALA (P.O),
WEST ELERI GRAMAM, VELLARIKUNDU TALUK, KASARAGOD DISTRICT., PIN -
671314
RESPONDENT/RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to supend the sentence imposed upon the applicant by
judgment dated 18.09.2024 in SC No. 2/2019 of the Special Court for
Atrocities against Women and Children (Addl.Sessions Court I) Kasaragod,
pending the disposal of appeal.
This Application coming on for orders upon perusing the
application and upon hearing the arguments of JAWAHAR JOSE, SANAND
RAMAKRISHNAN, AUGUSTINE P., CISSY MATHEWS, ANGEL ROSE, JAWAHAR JOSE,
Advocates for the petitioner,and of the PUBLIC PROSECUTOR for the
Respondent, the court passed the following:
CRL.A No.1833/2024 2/6
C.S.SUDHA, J.
--------------------------------------------------------------
Crl.M.Appl. No.2 of 2024
in
Crl. Appeal No.1833 of 2024
&
Crl. Appeal No.1833 of 2024
---------------------------------------------------------------
Dated this the 14th day of February 2025
ORDER
This is the second application under Section 430(1) of the
Bharatiya Nagarik Suraksha Sanhita, 2023, filed seeking suspension
of sentence of the applicant/1st accused in S.C.No.02 of 2019 on the
file of the Court of Session Kasaragod. He has been found guilty of
the offences punishable under Sections 306 and 498A read with
Section 34 IPC. He has been sentenced to varying terms of
imprisonment for the aforesaid offences. The sentences have been
directed to run concurrently. The maximum period of imprisonment
he will have to undergo is seven years.
2. The earlier application for suspension of the sentence of
the applicant/1st accused was dismissed as per order dated
in
&
29/10/2024 in Crl.M.A.No.1/2024 as the SHO concerned had
filed a report to the effect that on the date of the pronouncement
of the impugned judgment, PW2, the mother of the victim who
was present in the Court was threatened with dire consequences
by the 1st accused in the court premises. The SHO concerned was
directed to file a report regarding the allegation of threat that was
alleged to have been made on the date of the pronouncement of
the impugned judgment. Today the learned Public Prosecutor on
instructions submits that though such a complaint was made by
the Court, no crime was registered and that the police had
instructed PW2 to approach the court. It is also submitted that the
officer who was present along with the 1st accused did not hear
the threat alleged have been made by the 1 st accused on the said
day.
3. Heard both sides.
The applicant/1st accused has been sentenced for a period
of 7 years only. The appeal is of the year 2024 and so there is no
in
&
possibility of the appeal being taken up for hearing in the near
future. Hence, in these circumstances, the substantive sentence of
imprisonment imposed on the applicant/1st accused is suspended
till the disposal of the appeal, subject to the following
conditions:-
i) The applicant/accused shall be released on
bail on executing a bond for ₹50,000/- (Rupees
fifty thousand only) with two solvent sureties
each for the like sum to the satisfaction of the
trial court;
ii) He shall deposit the entire fine amount
within a period of two months from the date of
receipt of a copy of this order;
iii) He shall not commit any offence(s) while
on bail;
iv) He shall not in any way contact or attempt
to contact PW2 or the relatives of the victim in
in
&
any manner;
v) If the conviction and sentence of the
applicant is upheld or even modified, the time
during which he is so released shall be
excluded in computing the term of his sentence
as provided in Section 430(4) BNSS;
vi) It is also made clear that if any of the
conditions are violated, the bail shall stand
cancelled.
Post on 20/06/2025.
Sd/-
C.S.SUDHA
JUDGE
ak
14-02-2025 /True Copy/ Assistant Registrar
14-02-2025 /True Copy/ Assistant Registrar
