IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.437 OF 2012 (C)

BETWEEN:

VIJAYKUMAR @ VIJI S/O KRISHNAPPA AGED 26 YEARS, R/A GAJANETHIKER, OPP: DSS OFFICE, 7TH MAIN, CHIKKABEGUR GATE, HOSUR MAIN ROAD, BANGALORE …APPELLANT (BY SRI. JEEVAN K, ADVOCATE)

AND:

STATE BY H.S.R. LAYOUT POLICE …RESPONDENT Digitally signed by (BY SRI. R. RANGASWAMY, HCGP)

LAKSHMINARAYAN N Location: HIGH THIS CRL.A IS FILED U/S.374(2)CR.P.C BY THE COURT OF KARNATAKA ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 29.02.2012 (JUDGMENT PRONOUNCED ON 22.03.2012) PASSED IN S.C.NO.960/2010 BY THE PRESIDING OFFICER, FAST TRACK COURT - IX, BANGALORE - CONVICTING THE APPELLANT/ACCUSED NO.2 FOR THE OFFENCE P/U/S.395 R/W. 397 OF IPC. AND APPELLANT/ACCUSED NO.2 IS SENTENCED TO UNDERGO R.I. FOR A PERIOD OF 07 (SEVEN) YEARS AND ALSO LIABLE TO PAY A FINE OF RS.5,000/- (RUPEES FIVE THOUSAND) AND I/D TO PAY THE FINE AMOUNT, HE SHALL FURTHER UNDERGO S.I. FOR A PERIOD OF TWO (2) MONTHS, FOR THE OFFENCE P/U/S.395 R/W. 397 OF IPC.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

Appellant Vijaykumar, who is accused No.2 has preferred the appeal against the judgment of conviction and order on sentence dated 29^th February 2012 passed in SC No.960 of 2010 by the Presiding Officer, Fast Track Court-IX, Bangalore (for short "the trial Court").

2. The learned Counsel appearing for the appellant would submit that HSR Layout Police filed charge-sheet against the accused for commission of offences punishable under section 395 read with Section 34 of Indian Penal Code. But the trial Court as framed charges for the offence punishable under Section 395 read with 397 of Indian Penal Code and has convicted the accused for the offence punishable under Sections 395 read with 397 of Indian Penal Code and further accused 1 to 5 are sentenced to undergo imprisonment for a period of 7 years and liable to pay fine of Rs.5,000/- each in default to pay the fine amount, they shall further undergo simple imprisonment for a period of two months for offence under section 395 read with 397 of Indian Penal Code. Being aggrieved by this judgment of conviction and order on sentence, accused No.5-Venkatesh, accused No.3-S Rambabu and accused No.1-Nagaraju, have preferred this appeal before this court in Criminal Appeal No.391 of 2012 connected with Criminal Appeals No.424 of 2012 and 538 of 2012. All these cases were clubbed together and the Co-ordinate Bench of this court has acquitted all the accused for the offence punishable under section 397 of Indian Penal Code and the conviction passed by the trial court in respect of offence punishable under section 395 of Indian Penal Code was confirmed and the same was modified subject to payment of enhanced fine in a sum of Rs.50,000/- payable by each of the appellants on or before 20^th March 2025. The learned Counsel would submit that the present appellant is also ready to abide by this order passed by the co-ordinate bench and the appellant is also ready to pay the enhanced fine amount of Rs.50,000/- and accordingly sought to allow the appeal by modifying the sentence passed by the trial court for offence punishable under section 395 of Indian Penal Code. The counsel for the appellant has produced copy of this order passed by the Co-ordinate Bench in the aforestated appeals. All the three appeals arise out of SC No.960 of 2021 dated 29^th February, 2012. The Order portion of the judgment passed by the Co-ordinate Bench reads as under:

(i) Criminals Appeals are allowed in part;

(ii) All the appellants are acquitted for the offence punishable under Section 397 of Indian Penal Code;

(iii) Conviction of the appellants for the offence pujnishable under Section 395 of the Indian Penal Code is maintained and the custody period alread