IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL APPEAL NO.879 OF 2013 BETWEEN:
PUTTASWAMY @ PUTTA S/O THAMMANNA AGED ABOUT 29 YEARS OCC:COOLIE R/AT 4TH CROSS, KODI CAMP TARIKERE, CHIKMAGALUR DISTRICT-577228.
(By Sri: DINESHKUMAR RAO K., ADVOCATE) ... APPELLANT AND:
THE STATE OF KARNATAKA BY TARIKERE POLICE -577228.
(By Sri: K.NAGESHWARAPPA, HCGP) ... RESPONDENT THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET-ASIDE CONVICTION AND SENTENCE DATED 21.01.2013 PASSED BY THE ADDL. DIST. & S.J., CHIKMAGALUR IN S.C.NO.8 OF 2009 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 498A,304B OF IPC AND SEC.3 AND 4 OF D.P.ACT. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO S.I. FOR 7 YEARS FOR THE OFFENCE P/U/S 304B OF IPC. THE APPELLANT/ACCUSED IS SENTENED TO UNDERGO S.I. FOR A PERIOD OF 2 YEARS AND PAY FINE OF RS.5,000, IN DEFAULT TO PAY FINE, HE SHALL UNDERGO FURTHER S.I. FOR A PERIOD OF 2 MONTHS FOR THE OFFENCE P/U/S 498A OF IPC. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO S.I. FOR A PERIOD OF 5 YEARS AND PAY FINE OF RS.15,000/-, IN DEFAULT TO PAY FINE HE SHALL UNDERGO FURTHER S.I. FOR A PERIOD OF 3 MONTHS FOR THE OFFENCE P/U/S 3 OF D.P.ACT. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO S.I. FOR A PERIOD OF 6 MONTHS AND PAY FINE OF RS.5,000/- IN DEFAULT TO PAY FINE HE SHALL UNDERGO FURTHER S.I. FOR A PERIOD OF 30 DAYS FOR THE OFFENCE P/U/S 4 OF D.P.ACT. ALL THE SENTENCES SHALL RUN CONCURRENTLY. THE APPELLANT/ACCUSED PRAYS THAT HE BE ACQUITTED.
***** THIS CRL.A COMING ON FOR FINAL HEARING THIS DAY, JOHN MICHAEL CUNHA J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the sole accused, who is convicted for the offences punishable under sections 498-A and 304-B and Sections 3 and 4 of the Dowry Prohibition Act. He is sentenced to seven years simple imprisonment for the offence punishable under section 304-B Indian Penal Code; for the offence punishable under section 498- A, he is sentenced to simple imprisonment for two years and a fine of Rs.5,000/-, in default to undergo simple imprisonment for a period of two months. For the offence punishable under section 3 of the Dowry Prohibition Act, he is sentenced to undergo simple imprisonment for a period of five years and a fine of Rs.15,000/-, in default to undergo simple imprisonment for a period of three months. For the offence punishable under section 4 of the Dowry Prohibition Act, he is sentenced to simple imprisonment for a period of six months and a fine of Rs.5,000/-, in default to undergo simple imprisonment for a period of 30 days. All the sentences are ordered to run concurrently and the accused is granted the benefit of set off for the period of detention undergone by him during trial.
2. It is noted in the impugned judgment that the accused was arrested on 05.07.2008 and was released on 10.09.2008. Thereafter, he was again taken into custody on 21.11.2011 and continued to be in custody till pronouncement of judgment on 22.01.2013. Thus as under-trial prisoner, the accused has been in custody for a period of one year, three months, six days.
3. The learned HCGP has filed a memo, whereunder, it is stated that after conviction, the appellant/accused has served the sentence for a period of four years, two months and ten days and has earned remission for a period of one year, five months and eleven days and thus on serving the entire term of sentence, he has been released on 01.04.2017. It is further stated that the accused has paid the fine amount on 02.03.2017.
4. As the appellant has already served the sentence and has paid the fine amount, the learned counsel submits that he does not intend to pursue the appeal on merits and seeks dismissal thereof.
5. Accepting the above submissions and in view of the memo filed by the learned HCGP, the appeal is dismissed. In view of dismissal of the main appeal, I.A.No.2 of 2013 for suspension of sentence and bail does not survive for consideration and accordingly, the same is dismissed.
Sd/- JUDGE *mn/-