SHANTHAKUMARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal was filed by the appellant accused No.4, against the Judgment and Order dated 30.12.2013 passed in Spl. C.C.No.106/2011, by the XLVII Addl. City Civil and Sessions Judge and Spl. Judge for CBI Cases, Bengaluru. By the said Judgment, accused No.4 Smt. Shanthakumari, D/o K.C. Chikkarangaiah @ Chikka Nagaiah, Director, M/s. Karnataka Apparels Exports Pvt. Ltd., No.368, 5th Main, 6th Cross, NGEF Layout, 1st Stage, Nrupatunganagar, Nagarabavi, Bangalore: 560 072 was found guilty and was convicted for the offence punishable under S.120-B IPC and sentenced to undergo S.I. for a period of two years and pay fine of Rs. 50,000/-, in default of payment of fine amount, the accused was ordered to undergo S.I. for a further period of 6 months. In respect of the offence under S.420 IPC, the accused having been found guilty was convicted and sentenced to undergo S.I. for a period of two years and pay fine of Rs. 50,000/-. In default of payment of the fine amount, the accused was ordered to undergo S.I. for a period of one year. The substantive sentence of imprisonment was directed to run concurrently and the default sentence of imprisonment was ordered to run consecutively.

(2.) The accused having absconded during the pendency of the trial of Spl. C.C. No.7/2011, the case was split up and was separately registered as Spl. C.C. No.106/2011. The appellant accused having been traced was arrested on 17.12.2012 and was produced before the Trial Judge and was sent to judicial custody. The accused appellant has been in judicial custody since from 17.12.2012. By the impugned Judgment and Order, the Trial Judge directed that the period of detention undergone by the accused during the trial is given set off under S.428 Cr.P.C.

(3.) Sri M. Shashidhara, learned advocate for the appellant filed memo and the same being relevant is extracted herein below: