- 1 - HC-KAR NC: 2025:KHC:19927 CRL.A No. 2189 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 2189 OF 2018 (C) BETWEEN: SURESH S/O VELU AGED 33 YEARS #R/AT HOSAMANE KALLUR POST GUDIYATHAM TALUK VELUR DISTRICT TAMIL NADU - 632 011. …APPELLANT (BY SRI. PRASAD B.S., ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY CHINTAMANI TOWN POLICE STATION BY INSPECTOR, CHINTAMANI, CHICKBALLAPURA DISTRICT - 563 125 REP. SPP, HIGH COURT OF KARNATAKA BENGALURU - 01. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED 17.07.2014, PASSED BY THE FAST TRACK COURT II, CHINTHAMANI, CONVICTING THE APPELLANT/ACCUSED NO.2 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 392 AND 201 READ WITH SECTION 34 OF IPC; THE ACCUSED NO.2 IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR 14 YEARS FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 392 READ WITH SECTION 34 OF IPC AND SENTENCED TO PAY FINE OF RS.5000/; FURTHER, THE ACCUSED NO.2 IS SENTENCED TO UNDERGO SIMPLE Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19927 CRL.A No. 2189 of 2018 IMPRISONMENT FOR THREE YEARS FOR THE OFFENCE PUNISHABLE UNDER SECTION 201 READ WITH SECTION 34 OF IPC AND SENTENCED TO PAY FINE OF RS.2000/-; THE ACCUSED NO.2 SHALL PAY FINE OF RS.7000/- IN DEFAULT OF PAYMENT OF FINE, THE ACCUSED NO.2 SHALL SENTENCED TO UNDERGO S.I FOR SIX MONTHS; THE PUNISHMENT SO IMPOSED SHALL RUN CONSECUTIVELY; AND THE APPELLANT/ACCUSED PRAYS THAT HE BE ACQUITTED. THIS CRIMINAL APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL JUDGMENT The appellant-accused No.2 is before this Court impugning the judgment of conviction and order of sentence dated 17.07.2014 passed in SC No.101 of 2011 by the Fast Track Court-II, Chintamani, for the offences punishable under Sections 392 and 201 read with Section 34 of Indian Penal Code (for short 'the IPC') and sentencing him to undergo rigorous imprisonment for a period of 14 years and to pay fine of Rs.5,000/- for the offence punishable under Section 392 of IPC and to undergo simple imprisonment for a period of three years and to pay fine of Rs.2,000/- for the offence punishable under Section 201 of IPC, with default sentences. 2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court. - 3 - HC-KAR NC: 2025:KHC:19927 CRL.A No. 2189 of 2018 3. Heard Sri B S Prasad, learned counsel for the appellant and Sri Harish Ganapathy, learned High Court Government Pleader for the respondent - State. Perused the materials including the Trial Court records. 4. It is the contention of the learned counsel for the appellant that, accused Nos.1 and 2 were charged for the offence punishable under Sections 302, 392 and 201 read with Section 34 of IPC. After full-fledged trial, the accused were convicted only for the offence punishable under Sections 392 and 201 of IPC read with Section 34 of IPC and sentenced them as stated above. 5. It is his further contention that accused No. 1 has not challenged the impugned judgment of conviction and the order of sentence. According to him, accused No. 1 is already dead. The appellant being accused No. 2 was apprehended on 12.01.2012 and since then he is in judicial custody. He has already undergone imprisonment for more than 13 years. Under such circumstances, it is prayed that set off may be given to the above period, which the appellant has already undergone the sentence. - 4 - HC-KAR NC: 2025:KHC:19927 CRL.A No. 2189 of 2018 6. Even though, learned High Court Government Pleader opposed the appeal stating that serious allegations are made against accused Nos.1 and 2, he submits that granting of set off to the appellant is left to the discretion of the Court. 7. On consideration of the materials on record, the allegations made against both the accused are very serious. Clear case under Sections 392 and 201 read with Section 34 of IPC was made out. Admittedly, accused No. 1 has not challenged the judgment of conviction and order of sentence. It is stated that the appellant - accused No. 2 is in custody since 12.01.2012. As on today, he has undergone sentence for a period of 13 years and 5 months. Even though, I do not find any reason to interfere with the judgment of conviction passed by the Trial Court, I deem it appropriate to consider the only request made by the appellant to give set off to the period which the appellant has already undergone, considering the length of sentence served by the appellant and the fact that the order of sentence imposed on him is to undergo rigorous imprisonment for a period of 14 years. No prejudice would be - 5 - HC-KAR NC: 2025:KHC:19927 CRL.A No. 2189 of 2018 caused to the respondent, if the appellant is given set off to the sentence, which he has already undergone. 8. Hence, I proceed to pass the following: ORDER (i) The appeal is allowed in part. (ii) The judgment of conviction dated 17.07.2014 passed in SC No.101 of 2011 by the Fast Track Court-II, Chintamani, for the offences punishable under Sections 392 and 201 read with Section 34 of IPC is hereby confirmed. (iii) The order of sentence passed by the Trial Court against the appellant - accused No.2 to undergo rigorous imprisonment for a period of 14 years for the offence punishable under Section 392 read with Section 34 of IPC is modified. (iv) Instead, the appellant - accused No.2 is sentenced to undergo imprisonment which he has already undergone, along with payment of fine of Rs.5,000 as ordered. (v) The order of sentence with regard to the offence under Section 201 read with Section 34 of IPC is confirmed. (vi) Substantive sentences shall run concurrently. - 6 - HC-KAR NC: 2025:KHC:19927 CRL.A No. 2189 of 2018 (vii) Registry is directed to intimate the Chief Superintendent, Central Prison, Bellary to release the appellant - accused No.2, if he is not required to be detained in judicial custody in any other case. Registry to send back the Trial Court records along with copy of the judgment for needful action. Sd/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 2 Sl No.: 2