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CRL.RP No. 100112 of 2015

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 17^TH DAY OF FEBRUARY, 2023

BEFORE

THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR

CRIMINAL REVISION PETITION NO. 100112 OF 2015

BETWEEN:

THE STATE OF KARNATAKA,

REPRESENTED BY SUB-INSPECTOR

OF POLICE, SHIGGAON POLICE

STATION, THROUGH THE ADDL.

STATE PUBLIC PROSECUTOR,

OFFICE OF THE ADVOCATE

GENERAL, HIGH COURT

BUILDING, DHARWAD.

…PETITIONER

(BY SRI RAMESH CHIGARI, HCGP.)

AND:

NEELAKANTAGOUDA S/O NINGANAGOUDA PATIL,

AGE: 48 YEARS, OCC: COOLIE,

R/O. HANAMARAHALLI, TQ: SHIGGAON,

DIST: HAVERI.

…RESPONDENT

(BY SRI VASANT G. HOLEYANNAVAR, ADVOCATE.)

THIS

CRIMINAL

REVISION

PETITION

IS

FILED

UNDER

SECTION 397(3) READ WITH SECTION 401 OF THE CODE OF

CRIMINAL PROCEDURE, 1973, SEEKING TO ALLOW THIS CRIMINAL

REVISION PETITION AND SET ASIDE THE JUDGEMENT AND ORDER

PASSED BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS

JUDGE, HAVERI, SO FOR IT RELATES TO RELEASING THE ACCUSED

ON PROBATION OF GOOD CONDUCT, IN CRIMINAL APPEAL

NO.28/2013 AND RESTORE THE ORDER DATED 01.03.2013, PASSED

BY THE JMFC, SHIGGAON, IN C.C.NO.20/2005 ETC.,.

Digitally signed

by SUJATA

SUBHASH

PAMMAR

Location: HIGH

COURT OF

KARNATAKA

DHARWAD

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CRL.RP No. 100112 of 2015

THIS PETITION COMING ON FOR FINAL HEARING THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

This revision petition is filed by the State being

aggrieved by the order dated 29.01.2015, passed by the

learned Prl. District and Sessions Judge, Haveri, in

Crl.A.No.28/2013, whereby learned Sessions Judge has

modified the sentence portion of the judgment of

conviction and order of sentence dated 01.03.2013,

passed by the JMFC, Shiggaon, in C.C.No.20/2005,

pertaining to the offence under sections 409, 477(A) of

IPC.

2.

The

records

disclose

that

the

accused-

respondent was convicted by the trial Court for the offence

punishable under section 409, 477(A) of IPC, by imposing

simple imprisonment for a period of two years with a fine

of Rs.2,500/- for the offence punishable under section 409

of IPC and simple imprisonment for a period of one year

with fine of Rs.2,500/- for the offence punishable under

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CRL.RP No. 100112 of 2015

section 477(A) of IPC. The learned Magistrate has also

passed a default sentence and directed that both the

sentences shall run concurrently.

3.

Against the judgment of conviction and order of

sentence, the respondent herein filed an appeal before the

learned Sessions Judge, Haveri, in Crl.A.No.28/2013 and

the

learned

Sessions

Judge

by

judgment

dated

29.01.2015, confirmed the conviction order but extended

the benefit under section 360 of Cr.P.C. to the accused for

execution

of

the

bond

for

good

behavior,

but

simultaneously additional fine came to be imposed to the

extent of Rs.3,000/-. This order is being challenged by the

State before this Court.

4.

Heard the learned HCGP for the revision

petitioner State and the learned counsel appearing for the

respondent.

5.

The learned counsel for revision petitioner i.e.,

the HCGP would contend that the provisions of section 360

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CRL.RP No. 100112 of 2015

of Cr.P.C. are not applicable to the State of Karnataka. He

would also contend that even if the provisions of section

360 of Cr.P.C. are made applicable, in that event since the

offence is punishable with more than 10 years, the

provisions of section 360 of Cr.P.C. cannot be made

applicable. He would also bring to the notice of the Court

that even otherwise learned Sessions Judge has proceeded

to impose additional fine of Rs.3,000/- with default

sentence which is erroneous and either he could have

extended the benefit under the provisions of section 360

of Cr.P.C. or the Probation of Offenders Act, or he would

have proceeded to impose the sentence