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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.R.Krishna Kumar, C.M.Poonacha
Shivappa Aliyas Shivaji S/O Krishnappa Rathod – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
C.M. POONACHA, J.
I.A.No.3/2025 is filed under Section 482 of the Code of Criminal Procedure, 1973, [Hereinafter referred to as the ‘Cr.P.C.’] r/w Section 528 of the Bharatiya Nagarik Suraksha Sanhita Act, 2023, [Hereinafter referred to as the ‘ BNSS Act’], seeking for a direction to the Jail Authorities to release the appellants from solitary confinement, pursuant to the order of conviction and sentence passed vide judgment dated 27.01.2025 passed in S.C.No.21/2020 by the Principal District and Sessions Judge, Gadag, [Hereinafter referred to as the ‘Sessions Court’]
2. The appellants were arrayed as accused Nos.1 to 3 in S.C.No.21/2020 and charge sheet was filed for the offences punishable under Sections 427 , 449, 302, 506(2), 109 r/w Section 34 of the INDIAN PENAL CODE , [Hereinafter referred to as the ‘IPC’]. Vide judgment dated 27.01.2025, passed in S.C.No.21/2020 by the Sessions Court, the accused Nos.1 to 3 as well as the accused No.4 were convicted for the offences punishable under Sections 427 , 449, 302, 506(2), 109 r/w Section 34 of the IPC. The appellants/accused Nos.1 to 3 were sentenced to capital punishment for the offence punishable under Section 302 of IPC.
A prisoner sentenced to death is not under sentence until the judgment is final; solitary confinement conditions must adhere to constitutional rights, allowing normal interaction unless justified oth....
The judgment establishes the principle that the rights of prisoners, including the legality of their confinement and denial of facilities, are protected under Article 21 of the Constitution, and the ....
Until the High Court confirms a death sentence, a convicted individual is not classified as a prisoner under sentence of death, thus entitled to privileges equal to other prisoners.
Death sentence – Undue long delay in execution of death sentence would entitle condemned prisoner to pray for commuting death sentence to that of life imprisonment.
Sentences for separate convictions generally run consecutively unless the court explicitly orders them to run concurrently, as per Section 427 of the CrPC.
Defiance of Parole order – When a sentence of imprisonment for a term is passed under the Code on an escaped convict, Section 426(2)(a) Cr.P.C., is applicable and Court has to take note of explicit p....
Petitioner is not entitled for the relief as contended in the petition to make the sentence as concurrent instead of consecutive and there is an explicit proviso under Section 426 of Cr.P.C., with re....
Life imprisonment means imprisonment for natural life; exclusion of certain crimes from remission is constitutional and reasonable.
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