IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRL.A.NO.517/2014 BETWEEN:
Madhusoodan, S/o Thukaram, Aged about 40 years, R/at No.150, Durgadevi Temple Road, Nazarbad, Mysuru-570 001. … Appellant (By Sri. Pavana Chandra Shetty. H, Advocate) AND:
State of Karnataka, Represented by Lashkar Police, Mysuru – 570 001. ... Respondent (By Sri.K. Nageshwarappa, HCGP) This Criminal Appeal filed u/s 374(2) Cr. P.C praying to set-aside the impugned judgment and order dated 17.08.2013 passed by the I Addl. Sessions Judge, Mysuru in S.C No.276/2012 – convicting the appellant/ accused for the offences p/u/s 427 and 436 of IPC etc., This Criminal Appeal coming on for final hearing this day, the Court made the following:
J U D G M E N T The records indicate that the accused was arrested on 18.3.2012 and since then he continued in custody until the pronouncement of the judgment on 17.8.2013. He has been convicted under Sections 427 and 436 of IPC. For the offence under Section 427 IPC, he is sentenced to undergo simple imprisonment for a period of one year and a fine of Rs.2,000/- and in default to pay the fine amount to undergo simple imprisonment for a period of 3 months and for the offence under Section 436 IPC he is sentenced to undergo simple imprisonment for a period of three years and to pay a fine of Rs.5,000/- and in default, to undergo further simple imprisonment for a period of six months. Both the sentences are ordered to run concurrently. The application moved by the appellant for suspension of sentence came to be allowed by this Court by order dated 3.7.2014. However, it is submitted that the appellant could not furnish the surety and continued in custody. He paid the fine amount on 30.8.2014 and has been released on serving the entire term of the sentence on 7.4.2016. The appellant having already undergone the sentence, the learned counsel for the appellant seeks for dismissal of the appeal.
2. The learned High Court Government Pleader has filed a memo furnishing the respective dates of arrest and release of the accused. The memo is placed on record.
3. In view of the above facts, as the appellant has already served the entire term of the sentence, the appeal is dismissed.
RS/* CT:LL Sd/- JUDGE