Partly allowed

K.R. Vishnumurthy v. State by Balehonnur Police

Karnataka HC1 Feb 2023CRL.RP/94/2014

Case brief

AI extract

What is this about?

In a criminal revision petition challenging conviction for misappropriation and sentence of two years, the Karnataka High Court allowed the petition in part. Despite confirming conviction, the Court modified the sentence to stand on toes and pay a fine of Rs.3,000 due to full restitution and advanced age.

What did the court decide?

Petitioner to stand on toes in court till rise and pay fine of Rs.3,000; in default, undergo simple imprisonment for one month.

K.R. Vishnumurthy Vs State by Balehonnur Police — Property and Title | Karnataka HC (2023)

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CRL.RP No. 94 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 94 OF 2014

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BETWEEN:

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K.R. VISHNUMURTHY S/O LATE K.RAMAIAH AGED ABOUT 71 YEARS, R/O HERUR VILLAGE AND POST KOPPA TALUK, CHIKMAGALUR DIST-577118.

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…PETITIONER

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(BY SRI. RAVIKUMAR N.R., ADVOCATE)

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AND:

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STATE BY BALEHONNUR POLICE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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…RESPONDENT (BY SRI. KRISHNAKUMAR K.K., HIGH COURT GOVERNMENT PLEADER)

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THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE OF CONVICTION DATED 27.04.2012 PASSED BY THE CIVIL JUDGE AND J.M.F.C., KOPPA IN C.C.NO.562/2003 AND SET ASIDE THE JUDGMENT DATED 27.12.2013 PASSED BY THE PRL. SESSIONS JUDGE, CHIKMAGALUR IN CRL.A.NO.102/2012.

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CRL.RP No. 94 of 2014

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THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This revision petition is filed challenging the judgment of conviction dated 27.04.2012 passed by Civil Judge and JMFC, Koppa in C.C.No.562/2003 and the consequent sentence to undergo simple imprisonment for a period of 2 years alongwith fine of Rs.3,000/-. The petitioner also challenged the judgment dated 27.12.2013 passed by Principal Sessions Judge at Chikmagalur in Crl.A.No.102/2012.

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When this revision petition was listed for final hearing, the learned counsel for the petitioner submitted that the petitioner was accused of misappropriating a sum of Rs.5,93,781/when he was the manager of the V.S.S.S.N. Bank, Herur Village Koppa Taluk and the petitioner has deposited the amount of Rs.5,93,781/- with V.S.S.S.N. Bank. He therefore prays that having regard to the age of the petitioner, the sentence ordered by the trial Court and upheld by the sessions Court be modified. The learned counsel has placed on record, the receipt for having paid a sum of

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CRL.RP No. 94 of 2014

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Rs.5,93,781/- and also a no-objection by the V.S.S.S.N. Bank, Herur Village, Koppa Taluk to compound the offence.

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In view of the above, this revision petition is allowed-in-part . The judgment of conviction passed by the trial Court and upheld by the appellate Court is confirmed. However, in view of the deposit of the amount misappropriated and taking into note of his advanced age and he giving up interest on his provident fund claim against interest on Rs.5,93,781/-, he is sentenced to stand on his toes in the Court till its raising for the day and also pay fine of Rs.3,000/- if not already paid. In default, he shall undergo simple imprisonment for one month.

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Sd/JUDGE

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K.R. Vishnumurthy v. State by Balehonnur Police

Case brief

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K.R. Vishnumurthy v. State by Balehonnur Police

Case brief

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