O R D E R

1. Leave granted.

2. These appeals are filed against a common judgment and order dated 08.09.2023 passed by the High Court of Karnataka at Kalaburagi in Criminal Appeal No.200089 of 2017.

3. We have heard Mr. Anand Sanjay M. Nuli, learned senior counsel appearing for the Signature Not Verified appellants and Ms. Eesha Bakshi, learned counsel Digitally signed by Neetu Khajuria Date: 2024.10.21

17:46:50 IST Reason:

appearing for the respondent-State of Karnataka and also perused the material placed on record.

4. In these appeals, notice was issued limited to the question of sentence.

5. In the case of Bassappa (appellant in Civil Appeal No 4244 of 2024), he was convicted for the offence punishable under Sections 3(1)(x) and (xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and was awarded maximum sentence of two years simple imprisonment along with fine of Rs.10,000/-, in default, to undergo simple imprisonment for six months, whereas in the case of Manjunath (appellant in Civil Appeal No.4243 of 2024), he was convicted for the offence punishable under Section 324 of the Indian Penal Code, 1860 and was awarded simple imprisonment for six months with fine of Rs.10,000/- and in default to undergo simple imprisonment for 45 days.

6. Considering the facts and circumstances of the case and the fact that the incident was of the year 2011 and both the appellants were aged about 19 years at the time of the incident, we are inclined to reduce the sentence of the appellant in each case as follows:

(i) Since the minimum sentence provided under Sections 3(1)(x) and (xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is six months, we reduce the period of sentence in the case of appellant-Bassappa from two years to six months simple imprisonment and (ii) insofar as the appellant-Manjunath is concerned, we have been informed that he has already undegone 15 days imprisonment and there is no minimum sentence provided under Section 324 of the Indian Penal Code. We, reduce the period of sentence from six months to the period already undergone by the appellant- Manjunath. The fine amount imposed against both the appellants shall be duly deposited by them, if not already deposited.

7. The appeals stand allowed to the above extent only.

....................,J.

(VIKRAM NATH)

....................,J.

(PRASANNA B. VARALE)

NEW DELHI;

OCTOBER 18, 2024.

ITEM NO.48 COURT NO.7 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 16210/2023 (Arising out of impugned final judgment and order dated 08-09-2023 in CRLA No. 200089/2017 passed by the High Court Of Karnataka At Kalaburagi)

MANJUNATH Petitioner(s)

VERSUS STATE OF KARNATAKA Respondent(s)

( IA No. 259644/2023 - EXEMPTION FROM FILING O.T.)

WITH SLP(Crl) No. 3202/2024 (II-C)

Date : 18-10-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE PRASANNA B. VARALE For Petitioner(s)

Mr. Anand Sanjay M. Nuli, Sr. Adv.

Mr. H Chandra Shekhar, Adv.

Mrs. Rekha Chandra Shekhar, Adv.

Dr. Ram Sankar, Adv.

Mrs. Harini Ramsankar, Adv.

Mrs. Usha Prabakaran, Adv.

Mr. Maheswaran Prabakaran, Adv.

M/S. Ram Sankar & Co, AOR For Respondent(s) Ms. Eesha Bakshi, Adv.

Mr. Muhammad Ali Khan, A.A.G.

Mr. V. N. Raghupathy, AOR Mr. Omar Hoda, Adv.

Mr. Uday Bhatia, Adv. Mr. Kamran Khan, Adv.

Mr. S.m. Khursheed, Adv.

Mr. Arjun Sharma, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeals stand allowed in terms of the signed order.

Pending applications shall stand disposed of (NEETU KHAJURIA) (ANU BHALLA)

ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.)