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2023 Supreme(Online)(KAR) 17691
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CRL.A No. 1308 of 2011
C/w. CRL.A. No. 1318 of 2011
CRL.A No. 1305 of 2011
CRL.A No. 1307 of 2011
CRL.A No. 30 of 2012
CRL.A No. 246 of 2012
CRL.A.NO.431/2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL APPEAL NO. 1308 OF 2011
C/W
CRIMINAL APPEAL NO. 1318 OF 2011,
CRIMINAL APPEAL NO. 1305 OF 2011,
CRIMINAL APPEAL NO. 1307 OF 2011,
CRIMINAL APPEAL NO. 30 OF 2012,
CRIMINAL APPEAL NO. 246 OF 2012,
CRIMINAL APPEAL NO. 431 OF 2012
IN CRL.A. NO. 1308/2011
BETWEEN:
1.
SRINIVASA @ SRINATH
AGED ABOUT 30 YEARS
S/O THIMMARAYAPPA
2.
SATHEESH
AGED ABOUT 30 YEARS
S/O NARAYANAPPA
3.
THIPPESWAMY @ THIPPESH
AGED ABOUT 28 YEARS
S/O RAMACHANDRAPPA
ALL ARE R/AT SIDDAPURA
MADHUGIRI TALUK
TUMKUR DIST572101.
…APPELLANTS
Digitally signed by
VEDAVATHI A K
Location: High
Court of Karnataka
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CRL.A No. 1308 of 2011
C/w. CRL.A. No. 1318 of 2011
CRL.A No. 1305 of 2011
CRL.A No. 1307 of 2011
CRL.A No. 30 of 2012
CRL.A No. 246 of 2012
CRL.A.NO.431/2012
(BY SRI. G NARASI REDDY.,ADVOCATE FOR A1 AND A3;
SRI. CHETHAN B., ADVOCATE FOR R2)
AND:
STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
KORATAGERE POLICE STATION,
TUMKUR DIST- 572101.
…RESPONDENT
(BY SRI.B.J. ROHITH, HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE IMPUGNED JUDGMENT DATED 2.12.2011 PASSED BY THE
I ADDL. DIST. AND S.J. TUMKUR IN SPL.C.NO.85/2006-CONVICTING
THE APPELLANTS/ACCUSED NOS.2 TO 4 FOR THE OFFENCE P/U/S
136 OF ELECTRICITY ACT. 2003.THE APPELLANTS/ACCUSED ARE
SENTENCED TO UNDERGO R.I. FOR THREE YEARS AND PAY A FINE
OF RS.5,000/- EACH, IN DEFAULT OF PAYMENT OF FINE THEY SHALL
UNDERGO R.I. FOR SIX MONTHS-FOR THE OFFENCE P/U/S 136 OF
ELECTRICITY ACT, 2003.
IN CRL.A NO. 1318/2011
BETWEEN:
1.
SRINIVASA @ SRINATH
S/O.THIMMARAYAPPA
AGED ABOUT 30 YEARS
R/AT.SIDDAPURA,
KASABA HOBLI
MADHUGIRI TALUK
TUMKUR DISTRICT.
2.
THIPPESHI @ THIPPESWAMY
S/O.RAMACHANDRAPPA
AGED ABOUT 28 YEARS
R/AT.SIDDAPURA,
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CRL.A No. 1308 of 2011
C/w. CRL.A. No. 1318 of 2011
CRL.A No. 1305 of 2011
CRL.A No. 1307 of 2011
CRL.A No. 30 of 2012
CRL.A No. 246 of 2012
CRL.A.NO.431/2012
KASABA HOBLI
MADHUGIRI TALUK
TUMKUR DISTRICT.
3.
GOPALA
S/O.LATE ERANNA
AGED ABOUT 31 YEARS
R/AT.HAVINAMADUGU
DODDERI HOBLI,
MADHUGIRI TALUK
TUMKUR DISTRICT.
…APPELLANTS
(BY SRI. G NARASI REDDY.,ADVOCATE)
AND:
STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER
MADHUGIRI POLICE STATION
TUMKUR DISTRICT 572 101.
…RESPONDENT
(BY SRI. B.J. ROHITH., HCGP FOR R1)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE IMPUGNED JUDGMENT DATED 9.12.2011 PASSED BY THE
I ADDL. DIST. AND S.J. TUMKUR IN SPL.C.NO.64/2006-CONVICTING
THE APPELLANTS/ACCUSED NOS.1 TO 3 FOR THE OFFENCE P/U/S
136
AND
137
OF
ELECTRICITY
ACT,
2003.THE
APPELLANTS/ACCUSED ARE SENTENCED TO UNDERGO R.I. FOR ONE
YEAR AND PAY A FINE OF RS.1,000/- EACH ANDR.I. FOR ONE YEAR
AND PAY A FINE OF RS.2,000/- EACH, IN DEFAULT OF PAYMENT OF
FINE THEY SHALL UNDERGO IMPRISONMENT FOR THREE MONTHS-
FOR THE OFFENCE P/U/S 136 AND 137 OF ELECTRICITY ACT, 2003.
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CRL.A No. 1308 of 2011
C/w. CRL.A. No. 1318 of 2011
CRL.A No. 1305 of 2011
CRL.A No. 1307 of 2011
CRL.A No. 30 of 2012
CRL.A No. 246 of 2012
CRL.A.NO.431/2012
IN CRL.A NO. 1305/2011
BETWEEN:
1.
SRINIVASA @ SRINATH
AGED ABOUT 30 YEARS
S/O THIMMARAYAPPA
2.
SATHEESH
AGED ABOUT 30 YEARS
S/O NARAYANAPPA
3.
THIPPESWAMY @ THIPPESH
AGED ABOUT 28 YEARS
S/O RAMACHANDRAPPA
ALL ARE R/AT SIDDAPURA
MADHUGIRI TALUK
TUMKUR DIST-572101.
…APPELLANTS
(BY SRI. G NARASI REDDY.,ADVOCATE FOR A1 AND A3;
SRI. CHETHAN B, ADVOCATE FOR A2)
AND:
STATE OF KARNATAKA
BY THE STATION HOUSEOFFICER,
KORATAGERE POLICE STATION,
TUMKUR DIST- 572101.
…RESPONDENT
(BY SRI.B.J. ROHITH, HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE IMPUGNED JUDGMENT DATED 2.12.2011 PASSED BY THE
I ADDL. DIST. AND S.J. TUMKUR IN SPL.C.NO.80/2006-CONVICTING
THE APPELLANTS/ACCUSED NOS.2 TO 4 FOR THE OFFENCE P/U/S
136
OF
ELECTRICITY
ACT.THE
APPELLANTS/ACCUSED
ARE
SENTENCED TO UNDERGO R.I. FOR THREE YEARS AND PAY A FINE
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CRL.A No. 1308 of 2011
C/w. CRL.A. No. 1318 of 2011
CRL.A No. 1305 of 2011
CRL.A No. 1307 of 2011
CRL.A No. 30 of 2012
CRL.A No. 246 of 2012
CRL.A.NO.431/2012
OF RS.5,000/- EACH, IN DEFAULT OF PAYMENT OF FINE THEY SHALL
UNDERGO R.I. FOR SIX MONTHS-FOR THE OFFENCE P/U/S 136 OF
ELECTRICITY ACT.
IN CRL.A.NO. 1307/2011
BETWEEN:
1.
SRINIVASA @ SRINATH
AGED ABOUT 30 YEARS
S/O THIMMARAYAPPA
2.
SATHEESH
AGED ABOUT 30 YEARS
S/O NARAYANAPPA
3.
THIPPESWAMY @ THIPPESH
AGED ABOUT 28 YEARS
S/O RAMACHANDRAPPA
ALL ARE R/AT SIDDAPURA
MADHUGIRI TALUK
TUMKUR DIST-572101.
…APPELLANTS
(BY SRI. G NARASI REDDY.,ADVOCATE FOR A1 & A3;
SRI. CHETHAN B, ADVOCATE FOR A2)
AND:
STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
KORATAGERE, POLICE STATION,
TUMKUR DIST- 572101.
…RESPONDENT
(BY SRI. B.J. ROHITH., HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE IMPUGNED JUDGMENT DATED 2.12.2011 PASSED BY THE
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CRL.A No. 1308 of 2011
C/w. CRL.A. No. 1318 of 2011
CRL.A No. 1305 of 2011
CRL.A No. 1307 of 2011
CRL.A No. 30 of 2012
CRL.A No. 246 of 2012
CRL.A.NO.431/2012
I ADDL. DIST. AND S.J. TUMKUR IN SPL.C.NO.84/2006-CONVICTING
THE APPELLANTS/ACCUSED NOS.2 TO 4 FOR THE OFFENCE P/U/S
136
OF
ELECTRICITY
ACT.THE
APPELLANTS/ACCUSED
ARE
SENTENCED TO UNDERGO R.I. FOR THREE YEARS AND PAY A FINE
OF RS.5,000/- EACH, IN DEFAULT OF PAYMENT OF FINE THEY SHALL
UNDERGO R.I. FOR SIX MONTHS-FOR THE OFFENCE P/U/S 136 OF
ELECTRICITY ACT.
IN CRL.A NO.30/2012
BETWEEN:
SYED FAROOQ PASHA
S/O SYED MUQBIL
AGED ABOUT 26 YERS,
R /AT NO.17, E STREET,
GOPALPURA,
BENGALURU 560023
…APPELLANT
(BY SRI. A S KULKARNI.,ADVOCATE FOR A1 TO A3)
AND:
STATE BY MADHUGIRI
POLICE STATION,
TUMKUR DISTRICT.
…RESPONDENT
(BY SRI. B.J. ROHITH., HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE ORDER DATED 9.12.11 PASSED BY THE I ADDL. DIST.,
AND
S.J.,
TUMKUR
IN
SPL.C.NO.64/06
-
CONVICTING
THE
APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 136 AND 137 OF
ELECTRICITY ACT, 2003.
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CRL.A No. 1308 of 2011
C/w. CRL.A. No. 1318 of 2011
CRL.A No. 1305 of 2011
CRL.A No. 1307 of 2011
CRL.A No. 30 of 2012
CRL.A No. 246 of 2012
CRL.A.NO.431/2012
IN CRL.A. NO. 246/2012
BETWEEN:
1.
SRINIVASA @ SRINATH
S/O THIMMARAYANAPPA
AGED ABOUT 30 YEARS
2.
SATHEESHA
S/O NARAYANAPPA
AGED ABOUT 31 YEARS
3.
THIPPESHA @ THIPPESWAMY
S/O RAMACHANDRAPPA
AGED ABOUT 29 YEARS
R/AT SIDDAPURA
KASABA HOBLI
MADHUGIRI TALUK
TUMKUR DISTRICT.
…APPELLANTS
(BY SRI. G NARASI REDDY.,ADVOCATE FOR A1 AND A3;
SRI. CHETHAN B., ADVOCATE FOR A2)
AND:
STATE OF KARNATAKA
BY SHO KORATAGERE P S
TUMKUR DISTRICT-572101
REP. BY GOVT PLEADER
HIGH COURT BUILDINGS
BANGALORE CITY.
…RESPONDENT
(BY SRI.B.J. ROHITH., HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE ORDER DATED 1.2.12 PASSED BY THE I ADDL.DIST.,
AND
S.J.,
TUMKUR
IN
SPL.C.NO.82/06
-
CONVICTING
THE
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CRL.A No. 1308 of 2011
C/w. CRL.A. No. 1318 of 2011
CRL.A No. 1305 of 2011
CRL.A No. 1307 of 2011
CRL.A No. 30 of 2012
CRL.A No. 246 of 2012
CRL.A.NO.431/2012
APPELLANTS/ACCUSED
FOR
THE
OFFENCE
P/U/S
136
OF
ELECTRICTIY ACT, 2003. AND THE APPELLANTS/ACCUSED NOS.2,3 &
4 ARE SENTENCED TO SUFFER R.I. FOR ONE YEAR AND TO PAY A
FINE OF RS.3,000/- EACH AND IN DEFAULT TO PAY THE FINE
AMOUNT, TO SUFFER R.I. FOR SIX MONTHS FOR THE OFFENCE
P/U/S 136 OF ELECTRICITY ACT.
IN CRL.A. 431/2012
BETWEEN:
1.
SRINIVASA @ SRINATH
S/O THIMMARAYAPPA
AGED ABOUT 30 YEARS
2.
SATHEESH
S/O NARAYANAPPA
AGED ABOUT 30 YEARS
3.
THIPPESWAMY @ THIPPESHA
S/O RAMACHANDRAPPA
AGED ABOUT 28 YEARS
ALL ARE R/AT SIDDAPURA
MADHUGIRI TALUK
TUMKUR DISTRICT-572101.
…APPELLANTS
(BY SRI. G NARASI REDDY, ADVOCATE FOR A1&3;
SRI. CHETHAN B., ADVOCATE FOR A2)
AND:
STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER
KORATAGERE POLICE STATION
TUMKUR DISTRICT-572101.
…RESPONDENT
(BY SRI. B.J. ROHITH., HCGP)
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CRL.A No. 1308 of 2011
C/w. CRL.A. No. 1318 of 2011
CRL.A No. 1305 of 2011
CRL.A No. 1307 of 2011
CRL.A No. 30 of 2012
CRL.A No. 246 of 2012
CRL.A.NO.431/2012
THIS CRL.A. FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE IMPUGNED JUDGMENT DATED:2.3.2012 PASSED BY THE
I
ADDL.DISTRICT
AND
SJ
TUMKUR,
IN
SPL.C.NO.81/2006-
CONVICTING THE APPELLANTS/ACCUSED NOS.2 TO 4 FOR THE
OFFENCE
P/U/S.136
OF
ELECTRICTIY
ACT,
2003
AND
THE
APPELLANTS/ACCUSED NOS.2 TO 4 ARE SENTENCED TO SUFFER RI
FOR 1 YEAR AND TO PAY A FINE OF RS.1,000/- EACH AND IN
DEFAULT TO PAY IT, TO SUFFER IMPRISONMENT FOR THREE
MONTHS, FOR THE OFFENCE P/U/S.136 OF ELECTRICITY ACT.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
These appeals are filed by the appellants/accused persons
under Section 374(2) of Code of Criminal Procedure for setting
aside the judgments of conviction and orders of sentence
passed by the I Additional District and Sessions Judge, Tumkur
in Spl. Case Nos.85/2006, 65/2006, 80/2006, 84/2006,
64/2006, 82/2006 and 81/2006 respectively whereby, the trial
Court has convicted the appellants for the offences punishable
under Section 136 of the Electricity Act 2003 and sentenced the
accused
in
Crl.A.No.1308/2011
to
undergo
rigorous
imprisonment for three years and to pay a fine of Rs.5,000/-
each and in default, to undergo rigorous imprisonment for six
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months; the accused in Crl.A.No.1318/2011 to undergo
rigorous imprisonment for one year and to pay fine of
Rs.1000/- and rigorous imprisonment for one year and pay fine
of Rs.2,000/, in default, they shall undergo imprisonment for
three months; the accused in Crl.A.No.1305/2011 to undergo
rigorous imprisonment for three years and to pay fine of
Rs.5,000/- and in default to undergo rigorous imprisonment for
six months; the accused in Crl.A.No.1307/2011 to undergo
rigorous imprisonment for three years and to pay fine of
Rs.5,000/- and in default to undergo rigorous imprisonment for
six months; the accused in Crl.A.No.30/2012 to undergo
rigorous imprisonment for one year and to pay fine of
Rs.1000/- and rigorous imprisonment for one year and pay fine
of Rs.2,000/, in default, they shall undergo imprisonment for
three months; the accused in Crl.A.No.246/2012 to undergo
rigorous imprisonment for one year and to pay fine of
Rs.3,000/-
each
and
in
default,
they
shall
undergo
imprisonment
for
six
months
and
the
accused
in
Crl.A.No.431/2012 to undergo rigorous imprisonment for one
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years and to pay fine of Rs.1,000/- and in default to
imprisonment for three months.
Heard the learned counsel for the appellants and
the learned High Court Government Pleader for the State-
respondent.
Since these appeals arise out of a common set of
facts and the accused persons have involved in the same
offence. Hence, all the appeals are taken up together for final
disposal. For the purpose of convenience, hereinafter the
appellants are referred to as accused persons.
4.
The case of the prosecution is that the complainant
in these cases has lodged a compliant against unknown persons
stating that there was theft of electricity copper/aluminum
wires measuring 675 meters, 1680 meters, 2560 meters, 600
meters, 1680 meters 220 meters and 480 meters respectively.
After registering the case against the unknown persons by
Koratagere and Madhugiri police and during investigation the
police have arrested the accused persons and recorded their
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voluntarily statements. In their voluntarily statements the
accused persons have revealed that they have stolen the wires
and sold to one Atavulla. Based on the voluntarily statements,
the police seized copper ingots from Athaullah measuring
different kgs. The accused persons have been sent to judicial
custody and released on bail. The police after investigation
filed charge sheet against the accused persons. They have
pleaded not guilty but claimed to be tried.
5.
The prosecution, in all, examined 17 witnesses as
PWs.1 to 17 and 17 documents have been marked as Exs.P.1
to P.17 and one object has been marked as MO.1 in
Crl.A.No.1308/2011; 15 witnesses as PWs.1 to 15 and 15
documents have been marked as Exs.P.1 to P.15 and 8 objects
have been marked as MOs.1 and 8 in Crl.A.No.1318/2011; 12
witnesses as PWs.1 to 12 and 10 documents have been marked
as Exs.P.1 to P.10 and 1 object has been marked as MO.1 in
Crl.A.No.1305/2011; 12 witnesses as PWs.1 to 12 and 13
documents have been marked as Exs.P.1 to P.13 and 1 object
has been marked as MO.1 Crl.A.No.1307/2011; 15 witnesses
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as PWs.1 to 15 and 15 documents have been marked as
Exs.P.1 to P.15 and 8 objects have been marked as MOs.1
Crl.A.No.30/2012 and 8; 10 witnesses as PWs.
