Karnataka High Court
R Rahamathullah vs State By on 30 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:30024
CRL.P No. 6589 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6589 OF 2024
BETWEEN:
1. R.RAHAMATHULLAH
MALE, AGED ABOUT 40 YEARS
S/O RIZVANULLA,
R/O 28, ANADHAPURAM, VARAGANERI,
TIRUCHIRAPALLI, TAMIL NADU - 620 008
(NAME AND ADDRESS SHOWN AS PER AADAHR )
2. JAMAL MOHAMED USMAIN @
JAMAL MOHAMED S.,
AGED ABOUT 44 YEARS
S/O SAHAUL HAMEED
R/AT 16-A
160 PALLI VASAL THERU
Digitally signed by
NAGAVENI NORTH STREET, PATHAMADAI,
Location: HIGH TIRUNELVEL
COURT OF
KARNATAKA TAMIL NADU - 627 453
( NAME AND ADDRESS SHOWN AS PER AADHAR)
...PETITIONERS
(BY SRI. A. VELAN, ADVOCATE)
AND:
STATE BY
REPRESENTED BY SPP
HIGH COURT BUILDING,
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NC: 2024:KHC:30024
CRL.P No. 6589 of 2024
BENGALURU - 560 002.
...RESPONDENT
(BY SRI B.A.BELLIAPPA, SPP -1 A/W
SRI THEJESH P., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO 1) SET ASIDE THE FINAL JUDGMENT
AND ORDER DATED 03.07.2023 PASSED BY THE COURT OF
THE XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE IN
SPL.C.NO.794 OF 2023 FOR OFFENCE P/U/S 506(1), 505(1)(b),
505(1)(c), 505(1)(b), 153A, 109, 504, 505(2) OF IPC AND 13
AND 15, 16 AND 18 OF UPAPA, REGISTERED AT VIDHANA
SOUDHA P.S., AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners - accused No.1 and 2 are before this Court calling in question an order dated 03.07.2023, passed by the XLIX Additional City Civil and Sessions Judge, in Spl.C.No.794/2023, which is registered for the offences under Sections 506(1), 505(1)(b), 505(1)(c), 505(1)(b), 153A, 109, 504, 505(2) of the IPC and Sections 13, 15, 16 and 18 of the Unlawful Activities (Prevention) Act, 1967. -3-
NC: 2024:KHC:30024 CRL.P No. 6589 of 2024
2. Heard Sri A. Velan, learned counsel for petitioners and Sri B.A.Belliappa, learned State Public Prosecutor - 1 along with Sri Thejesh P., learned High Court Government Pleader for the respondent.
3. What has driven the petitioners to this Court in the subject petition is required to be narrated, without going into the backdrop of what has driven the petitioners into the web of proceedings. The petitioners file an application under Section 207 of the Cr.P.C., seeking translated copies of the charge sheet so filed, which is in vernacular language, the vernacular in the case at hand is Kannada. The petitioners do not understand the language nor read and write Kannada language.
4. The matter was then moved on the score that the Apex Court in the case of CBI Vs. NAROTTAM DHAKAD AND ANOTHER reported in 2023 SCC OnLine SC 1069, wherein the Apex Court had directed that if the accused facing trial or the counsel who is defending that accused would not know the language in which the charge sheet is filed, then the translation -4- NC: 2024:KHC:30024 CRL.P No. 6589 of 2024 must be permitted. Placing reliance upon the said judgment, this Court granted an interim order of stay on 09.07.2024.
5. Sri S. Velan, learned counsel for petitioners submits that he himself is not conversant with reading and writing Kannada language. He can only speak the language. He has also filed an affidavit to that effect.
6. Learned State Public Prosecutor - 1 would submit that they would supply the translated copies as required under Section 207 of the Cr.P.C. before the concerned Court.
7. In that light, a deeper delving into the matter with regard to whether the fair trial under Article 21 of the Constitution of India would be met or otherwise, need not be or is not gone into as one of situation is projected before the Court and the learned State Public Prosecutor - 1 has given one of solution.
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NC: 2024:KHC:30024 CRL.P No. 6589 of 2024
8. In the light of the aforesaid, the following:
ORDER a. The criminal petition stands disposed.
b. The respondent - State is directed to provide the translated copies of the charge sheet and the material appended to the charge sheet which is in the vernacular, in English language, to the learned counsel for petitioners.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 24