IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025 [@ SLP (CRL.) NO. 4927/2025]

MAHADEVA Appellant(s)

VERSUS STATE OF KARNATAKA Respondent(s)

O R D E R

1. Leave granted.

2. While convicting the appellant under Section 302 of the Indian Penal Code, 1860, the Trial Court sentenced him to imprisonment for the remainder of his natural life. In appeal, the High Court of Karnataka maintained the conviction and sentence while dismissing the appeal vide judgment and order dated 03.12.2023. It is this judgment and order which is impugned in this appeal.

3. Notice was issued, confined to sentence.

4. We have heard learned counsel for the parties.

5. Having regard to the dictum of the Constitution Bench of this Court in Union of India vs. V. Sriharan alias Murugan and Others reported in (2016) 7 SCC 1 (paragraph 105), the sentence imposed by the Trial Court to the extent that the appellant shall remain behind bars for the Signature Not Verified Digitally signed by remainder of his natural life is set aside. We direct that the appellant shall RADHA SHARMA Date: 2025.10.11 Reason:

suffer imprisonment for life. However, he will be entitled to apply for premature release as and when he acquires eligibility therefor.

6. Learned counsel appearing for the appellant, at this stage, submits that in view of the sentence imposed by the Trial Court, since upheld by the High Court, the appellant was not given any task to perform and hence, did not earn any remission. If indeed that be so, the appropriate authority may bestow due consideration to it and take an appropriate decision while considering the prayer for premature release.

7. The appeal stands disposed of on the above terms.

8. Pending application(s), if any, shall stand disposed of.

…………………………...J. ( DIPANKAR DATTA )

..………………………………………..J. ( AUGUSTINE GEORGE MASIH )

NEW DELHI;

OCTOBER 06, 2025 ITEM NO.49 COURT NO.9 SECTION II-E 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). 4927/2025 [Arising out of impugned final judgment and order dated 03-12-2024 in CRA No. 2291/2018 passed by the High Court of Karnataka at Bengaluru]

MAHADEVA Petitioner(s)

VERSUS STATE OF KARNATAKA Respondent(s)

(IA No. 38054/2025 - EXEMPTION FROM FILING O.T.)

Date : 06-10-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Mahesh Thakur, AOR Mr. Vibhav Chaturvedi, Adv.

Mr. Ranvijay Singh Chandel, Adv.

Mr. Narveer Yadav, Adv.

For Respondent(s) Mr. Naveen Sharma, AOR Mrs. Swati Bhushan Sharma, Adv.

Mr. S.k. Sharma, Adv.

Ms. Payal Gola, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The appeal stands disposed of in terms of the signed order which is placed on the file.

3. Pending application(s), if any, shall stand disposed of.

(RADHA SHARMA) (SUDHIR KUMAR SHARMA)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)