Karnataka High Court
Sri Suresh Moolya vs The State Of Karnataka on 7 March, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:9587
CRL.RP No. 479 of 2015
C/W CRL.RP No. 445 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL REVISION PETITION NO. 479 OF 2015
C/W
CRIMINAL REVISION PETITION NO. 445 OF 2015
IN CRIMINAL REVISION PETITION NO. 479 OF 2015:
BETWEEN:
1. SRI SRUESH MOOLYA
S/O LATE SHESHAPPA MOOLYA
AGED ABOUT 36 YEARS,
RAGHAVENDRA NAGAR,
LAILA VILLAGE,
BELTHANGADY TALUK-574218.
2. SRI PRAVEEN
S/O SRI VEDAVYASA
AGED ABOUT 41 YEARS,
Digitally signed by
R HEMALATHA KAKKENA, LAILA VILLAGE,
Location: High BELTHANGADY TALUK-574218.
Court of
Karnataka
3. SRI RAJASHEKARA
S/O SRI SUNDARA SAMAGARA,
AGED ABOUT 44 YEARS,
LAILA VILLAGE,
BELTHANGADY TALUK-574218.
4. SRI. JAYARAMA
S/O SRI. BHASKARA SAMAGARA
AGED ABOUT 42 YEARS,
LAILA VILLAGE,
BELTHANGADY TALUK-574218.
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NC: 2024:KHC:9587
CRL.RP No. 479 of 2015
C/W CRL.RP No. 445 of 2015
5. SRI. PETER
S/O SRI. ABRAHAM,
AGED ABOUT 42 YEARS,
PERAIL NADA VILLAGE,
BELTHANGADY TALUK-574218.
6. SRI. SANTHOSH
S/O SRI. SANJEEVA
AGED ABOUT 40 YEARS,
KAKKENA, LAILA VILLAGE,
BELTHANGADY TALUK-574218.
7. SRI. PRAVEENA
S/O SRI. ANNU,
AGED ABOUT 42 YEARS,
PUL KERY, ALADANGADY,
BELTHANGADY TALUK-574218.
8. SRI. SHEKARA
S/O SRI RUKMAYA,
AGED ABOUT 45 YEARS,
MUNDAJE, BALNADU VILLAGE
BELTHANGADY TALUK-574218.
9. SRI. PUNDARIKAKSHA
S/O SRI. MONAPPA GOWDA,
AGED BAOUT 37 YEARS,
CHURCH ROAD,
BELTHANGADY KASBA,
BELTHANGADY TALUK-574218.
10. SRI. RAMESHA
S/O SRI ANNI ACHARYA,
AGED ABOUT 42 YEARS,
BANADADDE, BELALU VILLAGE,
BELTHANGADY TALUK-574218.
...PETITIONERS
(BY SRI. SUYOG HERELE E., ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY BELTHANGADY POLICE,
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NC: 2024:KHC:9587
CRL.RP No. 479 of 2015
C/W CRL.RP No. 445 of 2015
D.K. DISTRICT,
THROUGH SPECIAL PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE-560 001.
...RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRL.RP IS FILED U/S. 397 R/W SECTION 401 OF THE
CR.P.C 1973, PRAYING TO SET ASIDE THE JUDGMENT AND
ORDER DATED 25.3.2015 IN CRL.A.NO.504/2008 PASSED BY THE
PRL. SESSIONS JUDGE D.K, MANGALORE, THEREBY CONFIRMING
THE ORDER OF THE TRIAL COURT AND JUDGMENT AND ORDER
DATED 11.12.2008 IN C.C.NO.173/1999 PASSED BY THE CIVIL
JUDGE, (JR.DN.) AND JMFC, BELTHANGADI, D.K.
IN CRIMINAL REVISION PETITION NO.445 OF 2015:
BETWEEN:
MR. PUSHPARAJ SHETTY
AGED ABOUT 46 YEARS,
S/O B RAGAVA SHETTY,
R/A KELTHAJE HOUSE,
MISSION COMPOUND,
NADA VILLAGE,
BELTHANGADY-574 214, D.K.
...PETITIONER
(BY SRI. NISHITH KUMAR SHETTY, ADVOCATE)
AND:
STATE OF KARNATAKA BY
BELTHANGADY POLICE STATION,
BELTHANGADY D.K., REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS
BANGALORE-560 001
...RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRL.RP IS FILED U/S. 397(2) R/W 401 OF THE CR.P.C,
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION DATED 11.12.2008 MADE IN C.C.NO.173/1999 BY THE
COURT OF CIVIL JUDGE (JR.DN) AND JMFC, BELTHANGADY, D.K
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NC: 2024:KHC:9587
CRL.RP No. 479 of 2015
C/W CRL.RP No. 445 of 2015
AND THE JUDGMENT AND ORDER DATED 25.3.2015 MADE IN
CR.APPL. NO.1/2009 BY THE PRL. SESSIONS JUDGE, MANGALORE,
D.K.
THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners-accused Nos. 4 to 14 in Crl.R.P. No.479/2015 and petitioner-accused No.15 in Crl.R.P.No.445/2015 who are convicted for the offences punishable under Sections 7 and 14 of the Cinematography Act r/w Section 292 of IPC are before this Court.
2. The case of the prosecution is that, accused No.1 is the proprietor of Apsara Mini Theatre, and accused No.2 was the supervisor, accused Nos.3 and 4 were working as operators in the said theatre. The Police on receiving credible information conducted raid, and apprehended all the accused, and it was uncovered that accused Nos.1 to 4 were exhibiting obscene pictures to accused Nos.5 to 14, during the investigation, it was uncovered that accused Nos.15 and 16 were running the video cassette shop at Belthangady bus-stand and Ujire, and were found in possession of cassette containing obscene pictures.
3. The accused Nos.1 to 3 had approached this Court in Crl.R.P. No.394/2015 challenging the judgment of conviction. This Court vide order dated 8.6.2023 set aside the judgment of conviction of the accused therein and acquitted them of the aforesaid offences by observing as follows:
-5-NC: 2024:KHC:9587 CRL.RP No. 479 of 2015 C/W CRL.RP No. 445 of 2015 "9. On careful perusal of the above said provision, it is necessary to exhibit the obscene film to attract the ingredients of the said provision. PWs.1, 2, 4 and 5, though stated to have supported the case, they are the police officials and independent witnesses, have turned hostile. The Courts below ought to have taken care while appreciating the evidence of police officials. It is needless to say that, the evidence of PW.1 discloses that, the cassettes allegedly seized by them were unable to play in the CD player.
10. The Courts below while appreciating the evidence of officials/interested witnesses, might have asked for the certificate by the competent authority to ascertain whether the content in the CDs are obscene or not. In the absence of such certificate, mere marking of those CDs do not enure them to arrive at a conclusion that the CDs contain obscene films. This aspect should have been considered by the Courts below. Having failed to consider the same, the error has crept-in in recording the conviction. Hence, it is required to be interfered with the concurrent findings of the Courts below."
4. The allegation against the accused Nos.4 to 15 are similar to that of accused Nos. 1 to 3, and therefore, the judgment of conviction and order of sentence requires to be set aside to maintain parity in terms of the order passed by this Court in Crl.R.P.No.394/2015. Accordingly, I pass the following:
ORDER
i) The Criminal Revision petitions are allowed.
ii) The Judgment of conviction and order of sentence dated 11.12.2008 passed in C.C.No.173/1999 by the learned Civil Judge (Jr.Dn) & JMFC. at Belthangady, D.K., and judgment of -6- NC: 2024:KHC:9587 CRL.RP No. 479 of 2015 C/W CRL.RP No. 445 of 2015 order dated 25.03.2015 passed in Crl.A.No.504/2008 passed by the Principal Sessions Judge, D.K., Mangalore, are set aside.
iii) The petitioners are acquitted of the offences alleged against them.
iv) Bail bonds executed, if any, stand cancelled.
Sd/-
JUDGE HR