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Byluru Thippaiah @ Byaluru Thippaiah @ ... vs The State Of Karnataka on 21 August, 2023

Bench: B.R. Gavai, C.T. Ravikumar, Sanjay Kumar

     ITEM NO.34                                 COURT NO.4               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).9672-9673/2023

     (Arising out of impugned final judgment and order dated 30-05-2023
     in CRLA No. 100170/2020 30-05-2023 in CRLRC No. 100002/2020 passed
     by the High Court of Karnataka Circuit Bench at Dharwad)

     BYLURU THIPPAIAH @ BYALURU THIPPAIAH
     @ NAYAKARA THIPPAIAH                                                 Petitioner(s)

                                                       VERSUS

     THE STATE OF KARNATAKA                                               Respondent(s)

     (FOR ADMISSION and I.R. and IA No.156477/2023-INTERLOCUTARY
     APPLICATION and IA No.155600/2023-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No.155602/2023-EXEMPTION FROM FILING
     O.T. )

     Date : 21-08-2023 This matter was called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE B.R. GAVAI
                             HON'BLE MR. JUSTICE C.T. RAVIKUMAR
                             HON'BLE MR. JUSTICE SANJAY KUMAR


     For Petitioner(s)                    Mr. Gopal Shankarnarayanan, Sr. Adv.
                                          Mr. S Uday Bhanu, Adv.
                                          Mr. Aakarsh Kamra, AOR
                                          Ms. Tanya Shrivastava, Adv.
     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

1. These proceedings arise from the judgment dated 30.05.2023 of the High Court of Karnataka at Dharwad in Criminal Appeal No. 100170 of 2020 & Criminal Referred Case No. 100002 of 2020. The High Court, by its impugned judgment, confirmed the sentence of death awarded by the Trial Court and dismissed the criminal appeal instituted by the accused, confirming the conviction and sentence.

2. Signature Not Verified Leave granted.

3. Date: 2023.08.21 18:11:51 IST The execution of the sentence of death shall remain suspended Reason:

pending the hearing and final disposal of the appeals.

4. The original record of the case be summoned from the Courts below. A copy of the translated records shall be supplied to the counsel for the parties.

5. In view of the orders passed by this Court in matters involving capital punishment, we issue the following directions:

i. The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight (8) weeks.

ii. The Superintendent of Prison, Central Prison, Belagavi, Karnataka, shall submit a report with regard to the nature of work which has been performed by the appellant while in jail and a report with regard to the conduct and behaviour of the appellant while in jail within a period of eight (8) weeks.

iii. The Head of Dharwad Institute of Mental Health & Neurosciences shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Karnataka within a period of eight (8) weeks.

iv. Ms. Neha Kangralkar is permitted to have access to the Appellant who is presently lodged in Central Jail, Belagavi (Hindalga Jail), Karnataka, to conduct multiple in-person interviews for the purpose of collecting information relevant to sentencing and to submit a Mitigation Investigation Report on behalf of the Appellant through the Appellant’s Advocate-on-Record within twelve weeks.

 v. Direct the Central Jail Belagavi that, for the sake of confidentiality, these interviews shall be conducted in a separate interviewing space without any prison official or police staff being within earshot distance, and audio recorders be permitted to be used to record the interviews.

vi. Direct that a person nominated by Ms. Neha Kangralkar is permitted to accompany her to translate during the interview.

vii. Grant permission to Ms. Neha Kangralkar to obtain documents pertaining to the Appellant, including but not limited to medical records, jail conduct, certificates of any educational, vocational or employment opportunities undertaken, etc. that the Appellant may wish to submit for the purpose of sentencing information.

6. The Registry is directed to transmit a copy of this order to the Standing Counsel for the State of Karnataka, who shall, in turn, ensure that the order is communicated to the relevant authorities for compliance. The Registry shall, in addition, send a due intimation to all the concerned authorities immediately for compliance.

7. All the reports shall be duly compiled and placed before this Court on the next date of hearing.

8. Learned counsel for the parties to assist the Registry in pagination of the record.

9. List these matters after 12 weeks.

  (NARENDRA PRASAD)                                                 (ANJU KAPOOR)
ASTT. REGISTRAR-cum-PS                                            COURT MASTER (NSH)



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