Karnataka High Court
Chandra @ Chandra Naika vs The State Of Karnataka on 20 August, 2015
Author: A.N.Venugopala Gowda
Bench: A.N.Venugopala Gowda
1 Crl.P 2078/2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2015
BEFORE
THE HON'BLE Mr. JUSTICE A.N.VENUGOPALA GOWDA
CRIMINAL PETITION NO: 2078/2015
BETWEEN:
CHANDRA @ CHANDRA NAIKA
S/O LAKSHMAN NAIKA
AGED ABOUT 38 YEARS
R/AT 7TH CROSS
BHARATH COLONY
DAVANAGERE ...PETITIONER
(By Sri. SHIVA PRASAD.Y.S, Adv.,)
AND:
THE STATE OF KARNATAKA
BY KTJ NAGARA P.S
REPRESENTED BY S.P.P
HIGH COURT BUILDINGS
BANGALORE-560 001 ...RESPONDENT
(By Sri. VIJAYKUMAR MAJAGE, Addl.SPP)
THIS CRL.P FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO DIRECT BOTH
THE SENTENCES TO RUN CONCURRENTLY AWARDED IN
2 Crl.P 2078/2015
C.C.NO. 2199/2004 DATED 14.02.2005 RESPECTIVELY
PASSED BY THE J.M.F.C.-II COURT, DAVANAGERE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Sri.Y.S.Shiva Prasad, learned advocate for the petitioner submitted that the relief sought in this petition is only with reference to the judgment of conviction and order of sentence passed in C.C.No.2199/2004 dated 14.02.2005 by the J.M.F.C. - II Court, Davanagere. He submitted that the prayer in respect of the case in C.C.no.2200/2004 dated 14.02.2005 is not pressed. Statement of the learned counsel stands recorded.
2. The petitioner, along with two others stood trial in C.C.No.2199/2004 for the offences punishable under Sections 392 and 394 of IPC before the J.M.F.C. 3 Crl.P 2078/2015
- II Court, Davanagere. By a judgment dated 14.02.2005, all the accused were found guilty of the charged offences and were convicted. The accused were sentenced to undergo rigorous imprisonment for a period of two years and pay fine of Rs.1,000/- each for the offence punishable under Section 392 of Cr.P.C. and in default to pay fine, to undergo simple imprisonment for six months. The accused were also sentenced to undergo rigorous imprisonment for a period of three years and pay fine of Rs.2,000/- each for the offence punishable under Section 394 of IPC and in default of payment of fine, to undergo simple imprisonment for one year. This petition was filed to direct the sentences imposed as per the said judgment and order, "to run concurrently".
3. Accused no.1, in C.C.No.2199/2004, on the file of JMFC - II Court, Davanagere had filed 4 Crl.P 2078/2015 Crl.P.No.2385/2012 for issue of a direction that the sentence awarded in C.C.No.2199/2014 by the learned Magistrate shall run 'concurrently'. By an order dated 13.06.2012, the said petition was allowed and sentences were imposed for the offence under Sections 392 and 394 of IPC in C.C.No.2199/2004 were directed to run concurrently. It was further ordered that, if the petitioner has already served the sentence imposed under Section 394 of IPC, he shall be released.
4. The petitioner is accused no.2 in C.C.No.2199/2004. Hence, the petitioner is entitled to the benefit of the order dated 13.06.2012 passed in Crl.P.No.2385/2012.
5. Hence, the petition is allowed and the sentences imposed on the petitioner for the offences punishable under Sections 392 and 394 of IPC in 5 Crl.P 2078/2015 C.C.No.2199/2004 passed by the JMFC - II Court Davanagere are ordered to run 'concurrently'. If the petitioner has already served the sentence imposed for the offence under Section 394 of IPC, he shall be released, if not required in any other case.
Ordered accordingly.
Sd/-
JUDGE dh*