Allowed

Basappa S/O. Hanumantappa Hedachi v. the State of Karnataka

Karnataka HC5 Aug 2024CRL.P/102127/2024

Case brief

AI extract

What is this about?

Petitioner convicted in three theft-related cases sought direction that sentences run concurrently. Following the court's earlier order granting co-accused the same benefit, the High Court allowed the petition and ordered all sentences to run concurrently.

What did the court decide?

Sentences in CC Nos.627/2002, 628/2002 and 629/2002 ordered to run concurrently; jail authorities directed to release petitioner if sentence completed and not required otherwise.

Basappa S/O. Hanumantappa Hedachi Vs the State… — Criminal Trial and Appeal | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:11051 CRL.P No. 102127 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF AUGUST 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 102127 OF 2024

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BETWEEN:

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BASAPPA S/O. HANUMANTAPPA HEDACHI, AGE: 48 YEARS, OCC: AGRICULTURE & COOLIE, R/O: KURUBAGONDA VILLAGE, HAVERI TQ AND DIST-581110.

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…PETITIONER

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(BY SRI. BASAVANA GOUD T, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, CIRCLE INSPECTOR OF POLICE, BYADGI POLICE STATION, RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD – 580011.

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…RESPONDENT

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(BY SRI. JAI RAM SIDDI, HCGP)

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO DIRECT THE CONCERNED JAIL AUTHORITIES TO RELEASE THE PETITIONER, IF HIS CUSTODY IS NOT REQUIRED IN ANY OTHER CASES IF ANY, WHILE DIRECTING THE CONVICTIONS RUN CONCURRENTLY IN CC NO.627/2002, CC NO.628/2002, CC NO.629/2002, DATED 07.10.2008 PASSED BY THE CIVIL JUDGE (JR.DN) AND JMFC, BYADGI, AND MODIFIED BY THE JUDGMENT AND CONVICTION ORDERS IN CRL. APPEAL NO.69/2008, CRL.APPEAL NO.70/2008, CRL.APPEAL NO.71/2008, DATED 15.07.2013, PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI, IN SO FAR PETITIONER IS CONCERNED.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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NC: 2024:KHC-D:11051 CRL.P No. 102127 of 2024

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ORAL ORDER

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This petition is filed by the petitioner –accused No.6 to release him directing the sentences against the petitioner in C.C.No.627/2002, 628/2002 and 6029/2002 dated 07.10.2008 passed by the Civl Judge (Junior Division) and JMF, Byadgi and modified by appellate Court in judgments dated 15.07.2023 passed in Criminal Appeal Nos.69/2008, 70/2008 and 71/2008 by the II Additional District and Sessions Judge, Haveri (Sitting at Renebennuru) to run concurrently.

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The petitioner and other accused were

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convicted in the following cases:

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C.C No.627/2002 for the offences punishable

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under Section 457 r/w Section 149 of IPC sentenced to undergo simple imprisonment for a period of two years each and further sentenced to pay a fine of Rs.500/- each in default of payment of fine to suffer simple imprisonment for a period

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3 - NC: 2024:KHC-D:11051 CRL.P No. 102127 of 2024

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of one month each. They further sentenced to undergo simple imprisonment for a period of two years each for the offences punishable under Section 380 r/w Section 149 of IPC and pay a fine of Rs.500/- each in default of payment of fine to undergo simple imprisonment for a period of one month each. The trial Court has ordered that both the sentences to run concurrently.

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The petitioners were also sentenced in CC No.628/2002 to undergo simple imprisonment for a period of two years each for offences punishable under Section 457 r/w Section 34 of IPC and to pay a fine of Rs.500/- each and in default of payment of fine to undergo simple imprisonment for a period of one month each and simple imprisonment for a period of two years and to pay a fine of Rs.500/- each in default of payment of fine to undergo simple imprisonment for a period of one month each for the offences punishable under Section 380 r/w Section 34 of IPC. The trial

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NC: 2024:KHC-D:11051 CRL.P No. 102127 of 2024

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Court has ordered that both the sentences to run concurrently.

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The petitioners were also sentenced in CC No.629/2002 sentenced to undergo simple

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imprisonment for a period of two years each for offences punishable under Section 457 r/w Section

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34 of IPC and to pay a fine of Rs.500/- each and in default of payment of fine to undergo simple imprisonment for a period of one month each and simple imprisonment for two years each and to pay a fine of Rs.500/- each in default of payment of fine to undergo simple imprisonment for a period of one month each for the offences punishable under Section 380 r/w Section 34 of IPC. The trial Court has ordered that both the sentences to run concurrently.

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The petitioner and other accused have

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challenged the said judgment and order of sentence passed in three cases in Criminal Appeal Nos.69/2008,

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5 - NC: 2024:KHC-D:11051 CRL.P No. 102127 of 2024

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70/2008 and 71/2008 before the II Additional District an Sessions Judge, Haveri (sitting at Renebennuru). All the three appeals were allowed in part by judgements dated 15.07.2013 confirming the conviction and reduced the sentence to one year each for the aforesaid sections maintaining the fine of Rs.500/- with default sentence as ordered by the learned Magistrate.

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The present petition is filed praying to order for running of all sentences passed in all the three cases concurrently. This Court in petition filed by accused Nos.1 and 5 in Crl.P.No.101075/2024 by order dated 23.04.2024 has allowed the petition and ordered that sentences against them to run concurrently. Therefore, the present petition filed by accused No.6 also requires to be allowed giving the same benefit to the present petitioner –accused No.6.

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In the result, the following

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6 - NC: 2024:KHC-D:11051 CRL.P No. 102127 of 2024

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ORDER

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i) The petition is allowed. ii) The sentence against the petitioner –accused No.6 passed in in C.C.No.627/2002, 628/2002 and 6029/2002 dated 07.10.2008 passed by the Civl Judge (Junior Division) and JMF, Byadgi and modified by judgments passed in Criminal Appeal Nos.69/2008, 70/2008 and 71/2008 dated 15.07.2023 by the II Additional District and Sessions Judge, Haveri (Sitting at Renebennuru) are ordered to run concurrently. iii) The jail Authorities are directed to release the petitioner, if he has completed the sentence and if he is not required for any other case.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP

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List No.: 1 Sl No.: 16

Basappa S/O. Hanumantappa Hedachi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Basappa S/O. Hanumantappa Hedachi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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