- 1 - HC-KAR NC: 2025:KHC:45734 CRL.A No. 427 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 427 OF 2012 (C-) BETWEEN: NAGARAJA @ NAGA @ MUGA @ IBBALURU NAGA ABOUT 21 YEARS, SON OF VENKATESHAPPA, RESIDENT OF IBBALURU VILLAGE, SARJAPURA ROAD, BANGALORE. …APPELLANT (BY SRI. R. SHASHIDHARA, ADVOCATE APPOINTED AS AMICUS CURIAE) AND: THE STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION, BANGALORE, REPRESENTED BY ITS GOVERNMENT PLEADER, HIGH COURT COMPLEX, BANGALORE. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.A IS FILED U/S.374(2) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:29.2.12 PASSED BY THE P.O., FTC-IX, BANGALORE IN S.C.NO.960/10 - CONVICTING THE APPELLANT/ACCUSED NO.4 FOR THE OFFENCE P/U/S 395 R/W 397 OF IPC. AND THE APPELLANT/ACCUSED NO.4 IS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45734 CRL.A No. 427 of 2012 SENTENCED TO UNDERGO R.I. FOR A PERIOD OF 07 (SEVEN) YEARS AND HE IS ALSO LIABLE TO PAY A FINE OF RS.5,000/- (RS.FIVE THOUSAND ONLY), AND IN DEFAULT TO PAY THE FINE AMOUNT, HE SHALL FURTHER UNDERGO S.I. FOR A PERIOD OF TWO (2) MONTHS FOR THE OFFENCE P/U/S 395 R/W 397 OF IPC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Appellant-Nagaraja, who is accused No.4 has preferred the appeal against the judgment of conviction and order of sentence dated 29th February 2012 passed in S.C.No.960 of 2010 by the Presiding Officer, Fast Track Court-IX, Bangalore (for short "the trial Court"). 2. The learned counsel appearing for the appellant would submit that HSR Layout Police filed charge-sheet against the accused for commission of offences punishable under Section 395 read with Section 34 of Indian Penal Code. But the trial Court as framed charges for the offence punishable under Section 395 read with Section 397 of Indian Penal Code and convicted the accused for the offence punishable under said - 3 - HC-KAR NC: 2025:KHC:45734 CRL.A No. 427 of 2012 Sections the accused sentenced to undergo imprisonment for a period of 7 years and to pay fine of Rs.5,000/- each, in default to pay the fine amount, they shall further undergo simple imprisonment for a period of two months. Being aggrieved by this judgment of conviction and order on sentence, accused No.5-Venkatesh, accused No.3-S Rambabu and accused No.4- Nagaraju, preferred appeal before this Court in Criminal Appeal No.391 of 2012 connected with Criminal Appeals No.424 of 2012 and 538 of 2012. All these cases were clubbed together and the Co-ordinate Bench of this Court has acquitted all the accused for the offence punishable under Section 397 of Indian Penal Code and the conviction passed by the trial court in respect of offence punishable under Section 395 of Indian Penal Code was confirmed and the same was modified subject to payment of enhanced fine in a sum of Rs.50,000/- payable by each of the appellants on or before 20th March 2025. The learned counsel for the appellant would submit that the appellant is not able to pay the fine amount of Rs.50,000/- and he has already undergone 2 years 4 months 11 days imprisonment. Accordingly, he seeks to allow the appeal by modifying the sentence passed by the trial Court for the offence - 4 - HC-KAR NC: 2025:KHC:45734 CRL.A No. 427 of 2012 punishable under Section 395 of IPC. The counsel for the appellant has produced copy of order passed by the Co- ordinate Bench in the aforestated appeals. All the above three appeals arise out of S.C.No.960/2010 dated 29th February, 2012. The Order portion of the judgment passed by the Co- ordinate Bench in the above appeals reads as under: (i) Criminals Appeals are allowed in part; (ii) All the appellants are acquitted for the offence punishable under Section 397 of Indian Penal Code; (iii) Conviction of the appellants for the offence punishable under Section 395 of the Indian Penal Code is maintained and the custody period already undergone by them is treated as period of imprisonment subject to payment of enhanced fine in a sum of Rs.50,000/- payable by each of the appellants on or before 20th March, 2025; (iv) Failure to make payment of the enhanced fine amount, the appellants shall undergo simple imprisonment for a period of one year and six months; - 5 - HC-KAR NC: 2025:KHC:45734 CRL.A No. 427 of 2012 (v) Out of the fine amount recovered, Rs.25,000/- each is ordered to be paid to PW7 and PW14 as compensation; (vi) Balance fine amount shall be appropriated towards defraying expenses of the State. (vii) Office is directed to return the trial Court records with copy of this judgment for issue of modified conviction warrant. 3. This Court has received the Report from the Chief Superintendent, Central prison, Bangalore. In the report, it is stated that accused No.4-Nagaraja @ Naga @ Muga @ Ibbaluru Naga, the jail authorities have stated that the period of sentence undergone by the accused during trial 26.03.2010 to 21.03.2012 i.e., 1 year 11 months and 26 days and period undergone as a convict prisoner from 22.03.2012 to 06.08.2012 i.e., 4 months 15 days. Total period undergone in Sessions case No.960/2010 is 2 years 4 months 11 days. 4. Sri.Shashidhara, Amicus Curiae would submit that the present accused is unable to pay the fine amount. He is unable to contact this accused. - 6 - HC-KAR NC: 2025:KHC:45734 CRL.A No. 427 of 2012 5. Considering the financial status of the present appellant and also considering the judgment passed by the Co- ordinate Bench of this Court, I am of the opinion that it is just and proper to modify the sentence to the offence under Section 395 of IPC restricting to the custody period undergone by the appellant. Hence, I proceed to pass the following: ORDER i) Appeal is allowed in part; ii) Appellant is acquitted of the offence punishable under Section 397 of Indian Penal Code; iii) Conviction of the appellant for the offence punishable under section 395 of Indian Penal Code is maintained and the custody period undergone by the appellant is treated as period of imprisonment; v) Registry is directed to pay an amount of Rs.5,000/- to Sri.R.Shashidhara, Amicus Curiae for the appellant. Sd/- (G BASAVARAJA) JUDGE rv, Sl No.: 29