- 1 - NC: 2025:KHC:34 CRL.A No. 617 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 617 OF 2012 BETWEEN: STATE OF KARNATAKA BY EAST POLICE STATION MANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01. …APPELLANT (BY SRI M P PATIL, HCGP) AND: 1. MUSTAK AHAMED S/O NOOR MOHAMMED AGED 30 YEARS R/AT FIVE STAR APARTMENTS DOOMAPPA COMPOUND PANDESHWAR, MANGALORE TALUK. 2. SAYYED YUSUF S/O SAYYED BANNAN ALIMIRZA AGED 25 YEARS R/AT MALEKAK SARAYI SITARA BEGAUM MATHA ROAD, ROOM No.989 OLD LACKNOW ROAD, UTTARA PRADESH. 3. WASIM MOHAMMED IQBAL SHEIKH AGED 25 YEARS S/O MOHAMMED IQBAL SHEIK R/AT MALEKAK SARAYI SITARA BEGAUM MATHA ROAD, ROOM No. 989 Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:34 CRL.A No. 617 of 2012 OLD LACKNOW ROAD UTTARA PRADESH. …RESPONDENTS (BY SMT. HALEEMA AMEEN, ADVOCATE FOR R1 R2 AND R3 ARE SERVED AND UNREPRESENTED) THIS CRL.A. IS FILED UNDER SECTION 378(1) & (3) OF Cr.P.C PRAYING TO GRANT LEAVE TO FILE AN APPEAL AGAINST THE JUDGEMENT AND ORDER OF ACQUITTAL DATED 3/3/2012 PASSED IN CRL. APPEAL No.390/2008 ON THE FILE OF THE III ADDITIONAL DISTRICT & SESSIONS JUDGE, D.K. MANGALORE AND CONFIRM THE JUDGMENT OF CONVICTION PASSED BY THE JMFC-II COURT, MANGALORE, DATED 7/11/2008 IN C.C.No.156/2008 - CONVICTING THE RESPONDENTS/ ACCUSED FOR OFFENCES PUNISHABLE UNDER SECTION 3 & 25 OF INDIAN ARMS ACT, 1959. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. The State has filed this appeal praying to set-aside the judgment dated 03.03.2012 passed in Crl.A.No.390/2008 by the learned III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru and affirm the judgment of conviction passed in C.C.No.156/2008 dated 07.11.2008 by the learned J.M.F.C (II Court), Mangaluru. - 3 - NC: 2025:KHC:34 CRL.A No. 617 of 2012 2. Respondent Nos.1 to 3 were accused Nos.1 to 3 in C.C.No.156/2008 and they faced trial for the offence under Section 3 r/w Section 25 of the Indian Arms Act, 1959. Respondent Nos.1 to 3 came to be convicted for the said offence by judgment dated 07.11.2008 passed in C.C.No.156/2008 and they have been sentenced to undergo simple imprisonment for a period of one year and to pay fine of Rs.5,000/- each. Respondent Nos.1 to 3 have challenged the said judgment of conviction and order on sentence before the Sessions Court in Crl.A.No.390/2008. Learned III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru by judgment dated 03.03.2012 has set-aside the judgment of conviction and order on sentence dated 07.11.2008 passed in C.C.No.156/2008 by the J.M.F.C (II Court), Mangaluru and acquitted respondent Nos.1 to 3 for the offence under Section 3 r/w Section 25 of the Indian Arms Act, 1959. The said judgment passed by the appellate Court in Crl.A.No.390/2008 has been challenged in this appeal. - 4 - NC: 2025:KHC:34 CRL.A No. 617 of 2012 3. Learned High Court Government Pleader for the appellant has filed a memo with a copy of the letter dated 06.01.2025 sent by the Superintendent, District Prison, Mangaluru, wherein, it is stated that respondent Nos.1 to 3 have completed their sentence of one year simple imprisonment and they have also undergone in default sentence. Learned High Court Government Pleader placing reliance on the said letter submits that respondent Nos.1 to 3 have already undergone the sentence passed in C.C.No.156/2008 and in view of the same, the appeal does not survive for consideration. 4. Learned counsel for respondent No.1 also submits that respondent Nos.1 to 3 have completed their term of sentence passed in C.C.No.156/2008. 5. Considering the above said aspect, even if the judgment of acquittal of respondent Nos.1 to 3 passed by the appellate Court is set-aside and conviction and sentence passed in C.C.No.156/2008 is upheld, the judgment to be passed in this appeal has no practical - 5 - NC: 2025:KHC:34 CRL.A No. 617 of 2012 effect as the respondent Nos.1 to 3 have already completed the term of sentence. 6. In view of the above, the appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE GH List No.: 1 Sl No.: 33