SOORI @ T.V. SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant having been convicted under Sec. 80 of the Karnataka Police Act, 1963 (for short, 'the 1963 Act') has filed the present appeal. Notice in the appeal was issued on 27/2/2023 limited to the extent of consideration as to whether the appellant can be granted benefit of probation.

(2.) The brief facts of the case are that FIR dtd. 16/8/2007 was registered against 24 accused persons including the appellant under Sec. 79 and 80 of the 1963 Act as they were found to be indulging in gambling. The charge sheet was filed and the Trial Court vide order dtd. 21/8/2007 convicted them under Sec. 79 & 80 of the 1963 Act and sentenced them to undergo imprisonment for a period of one year each under both the provisions along with a fine of Rs.600.00 after the accused had pleaded guilty. At that stage, the accused filed affidavits before the Trial Court undertaking that they will not commit such offence in future and taking note of that, the Trial Court sentenced the accused to imprisonment till the rising of the Court.

(3.) Aggrieved by the said order, the State preferred appeal against accused no. 1 to 5. The learned Additional Sessions Judge, Mysore, vide order dtd. 3/5/2010, allowed the appeal against the accused no.1, the appellant, and sentenced him to undergo imprisonment for a period of one month and imposed a fine of Rs.200.00 under Sec. 80 the 1963 Act. He, however, was acquitted for offence under Sec. 79 of the 1963 Act. No order was passed against other accused as they could not be served. The order of the first Appellate Court was challenged before the High Court by filing Criminal Revision Petition No.900 of 2013 and the same was dismissed vide order dtd. 21/7/2022.