Supreme Court - Daily Orders
Roopa vs The State Of Karnataka on 8 November, 2021
Author: B.V. Nagarathna
Bench: B.V. Nagarathna
1
ITEM NO.54 COURT NO. 12 SECTION II-C
(HEARING THROUGH VIDEO CONFERENCING)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 22382/2021
ROOPA ETC. Petitioner(s)
VERSUS
STATE OF KARNATAKA Respondent(s)
(FOR ADMISSION and I.R. and IA No.139501/2021-FOR EXEMPTION FROM
FILING O.T. and IA No.139500/2021-FOR EXEMPTION FROM SURRENDERING
WITHIN TIME )
Date : 08-11-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
[IN CHAMBERS]
For Petitioner(s) Mr. Shanthkumar V Mahale, Adv.
Mr. Rajesh Mahale, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Petitioner’s counsel submitted that an application has been filed on behalf of both the petitioners seeking exemption from surrender.
It is noted that as far as Petitioner no.1 is concerned, the sentence of life imprisonment has been awarded and in so far as petitioner no.2 is concerned, the conviction is for a period of Signature Not Verified seven years under Section 201 read with Section 34 of the Indian Digitally signed by Dr. Mukesh Nasa Date: 2021.11.10 15:04:40 IST Reason: Penal Code.
Learned counsel for the petitioners submitted that the 2 petitioners are husband and wife and they have two minor children aged three years and nine years and therefore petitioners may be exempted from surrendering. Alternatively, it was submitted if this Court is not inclined to allow this application, with regard to both the petitioners, the same may be allowed in so far as the second petitioner husband of the first petitioner is concerned as a lesser sentence has been awarded as against him.
Having regard to the facts of this case and bearing in mind the interest of justice, the application is allowed in so far as the second petitioner is concerned. He is exempted from surrendering for the present, subject to further orders to be passed by this Court.
So far as the first petitioner is concerned, the application is dismissed.
Ordered accordingly.
In so far as the first petitioner is concerned, three weeks’ time is granted to surrender. She shall not seek any extension of time.
(SNEHA DAS) (PRADEEP KUMAR) SENIOR PERSONAL ASSISTANT COURT MASTER(NSH)