ITEM NO.10 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No. 4600/2015 (Arising out of impugned final judgment and order dated 23/06/2011 in CRLA No. 431/2006 passed by the High Court of Karnataka Circuit Bench at Dharwad) BASAPPA Petitioner(s) VERSUS STATE OF KARNATAKA Respondent(s) (With prayer for interim relief and office report) Date : 21/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Sharana Gouda Patil, Adv. For M/s S-legal Associates, Advs. For Respondent(s) Mr. V.N. Raghupathy, A.O.R. UPON hearing counsel the Court made the following O R D E R Leave granted. Appeal stands disposed of in terms of the signed order. [KALYANI GUPTA] COURT MASTER [SHARDA KAPOOR] COURT MASTER [SIGNED ORDER IS PLACED ON THE FILE.]
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1242 OF 2015 [ARISING OUT OF SLP(CRL) NO. 4600 OF 2015] BASAPPA ….. APPELLANT VERSUS STATE OF KARNATAKA ….. RESPONDENT O R D E R Leave granted. 2. We have heard learned counsel for the appellant and the counsel for the State. 3. On merits of the case, we do not find any scope to interfere with the impugned judgment of the High Court by which A2 and his son A1 were convicted for offences under Sections 342 and 332 of the Indian Penal Code. The appellant obstructed P.W. 1, the Police Constable from executing the arrest warrant as against A1 who is none other than the son of the appellant. In the course of such obstruction, the appellant also beat the Police Constable, scolded him and the buttons of the shirt of the Constable was also torn. However, we find that the PAGE NO. 1 OF 2
Crl.A. No........ of 2015 @ SLP(Crl) No. 4600 of 2015 occurrence took place on 1 st February, 2005 when the appellant was 60 years old and as of today the appellant is 70 years of age. In fact while entertaining this Special Leave Petition, after condoning the delay of more than three years, we issued notice confining to the question of sentence only as we do not find any scope to interfere with the judgment of the High Court. In fact as against A1 at the very admission stage, the Special Leave Petition was dismissed. In the facts and circumstances, taking into account the age of the appellant, we deem it appropriate to modify the sentence and instead of six months as awarded by the High Court, the same stands reduced to three months. In all other respects, the judgment of the High Court is confirmed. 4. The appeal stands disposed of. It is directed that the appellant shall surrender forthwith. …...................................J [FAKKIR MOHAMED IBRAHIM KALIFULLA] …...................................J [UDAY UMESH LALIT] NEW DELHI SEPTEMBER 21, 2015. PAGE NO. 2 OF 2
SECTIONIIB IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4600 OF 2015 BASAPPA .... Petitioner(s) VERSUS STATE OF KARNATAKA .... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 07.09.2015, when the Hon'ble Court was pleased to pass the following order: “ Dasti service of notice, in addition to the usual mode, is permitted to be effected on the Standing Counsel for the respondent/State. Call after a week. ” Accordingly Show Cause Notice was issued to the sole respondent/State of Karnataka through Mr. Mr. V. N. Raghupathy, Advocate, Standing Counsel for the State of Karnataka on 11.09.2015. A copy of the dasti notice was also handed over to the counsel for the petitioner for effecting dasti service of show cause notice on Standing Counsel for the Sole repondent/State of Karnataka and to file affidavit with proof of dasti service . It is submitted that Mr. V. N. Raghupathy, Advocate has on 17.09.2015 filed Vakalatnama/Appearance on behalf of sole respondent/State of Karnataka. Service of show cause notice is complete. The matter above mentioned is listed before the Hon'ble Court with this office report. DATED this the 17th day of September, 2015 ASSISTANT REGISTRAR Copy to: 1. M/s. S. Legal Associates, Advocates 2. Mr. V. N. Raghupathy, Advocate ASSISTANT REGISTRAR c4
v% ITEM NO.10 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No. 4600/2015 (Arising out of impugned final judgment and order dated 23/06/2011 in CRLA No. 431/2006 passed by the High Court of Karnataka Circuit Bench at Dharwad) BASAPPA Petitioner(s) VERSUS STATE OF KARNATAKA Respondent(s) (With prayer for interim relief and office report) Date : 21/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Sharana Gouda Patil, Adv. For M/s S-legal Associates, Advs. For Respondent(s) Mr. V.N. Raghupathy, A.O.R. UPON hearing counsel the Court made the following O R D E R Leave granted. Appeal stands disposed of in terms of the signed order. [KALYANI GUPTA] [SHARDA KAPOOR] COURT MASTER COURT MASTERSignature Not Verified [SIGNED ORDER IS PLACED ON THE FILE.]Digitally signed byKalyani GuptaDate: 2015.10.0116:16:00 ISTReason: IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1242 OF 2015 [ARISING OUT OF SLP(CRL) NO. 4600 OF 2015] BASAPPA ..... APPELLANT VERSUS STATE OF KARNATAKA ..... RESPONDENT
O R D E R Leave granted. 2. We have heard learned counsel for the appellant and the counsel for the State. 3. On merits of the case, we do not find any scope to interfere with the impugned judgment of the High Court by which A2 and his son A1 were convicted for offences under Sections 342 and 332 of the Indian Penal Code. The appellant obstructed P.W. 1, the Police Constable from executing the arrest warrant as against A1 who is none other than the son of the appellant. In the course of such obstruction, the appellant also beat the Police Constable, scolded him and the buttons of the shirt of the Constable was also torn. However, we find that thePAGE NO. 1 OF 2Crl.A. No........ of 2015 @ SLP(Crl) No. 4600 of 2015 occurrence took place on 1st February, 2005 when the appellant was 60 years old and as of today the appellant is 70 years of age. In fact while entertaining this Special Leave Petition, after condoning the delay of more than three years, we issued notice confining to the question of sentence only as we do not find any scope to interfere with the judgment of the High Court. In fact as against A1 at the very admission stage, the Special Leave Petition was dismissed. In the facts and circumstances, taking into account the age of the appellant, we deem it appropriate to modify the sentence and instead of six months as awarded by the High Court, the same stands reduced to three months. In all other respects, the judgment of the High Court is confirmed. 4. The appeal stands disposed of. It is directed that the appellant shall surrender forthwith.
......................................J [FAKKIR MOHAMED IBRAHIM KALIFULLA] ......................................J [UDAY UMESH LALIT] NEW DELHI SEPTEMBER 21, 2015.PAGE NO.2 OF 2
ITEM NO.66 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 4600/2015 (Arising out of impugned final judgment and order dated 23/06/2011 in CRLA No. 431/2006 passed by the High Court of Karnataka Circuit Bench at Dharwad) BASAPPA Petitioner(s) VERSUS STATE OF KARNATAKA Respondent(s) (with interim relief and office report) Date : 07/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Sharangauda Patil,Adv. Ms. Supreeta Patil,Adv. For M/s. S-Legal Associates For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Dasti service of notice, in addition to the usual mode, is permitted to be effected on the Standing Counsel for the respondent/State. Call after a week. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER
SECTIONIIB IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4600 OF 2015 BASAPPA .... Petitioner(s) VERSUS STATE OF KARNATAKA .... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 08.05.2015, when the Hon'ble Court was pleased to pass the following order: “ Delay condoned subject to payment of costs of Rs. 2,000/ (Rupees Two thousand) to the Supreme Court Employees' Welfare Fund within a period of four weeks. Special Leave Petition qua petitioner No. 1 is dismissed. Taking into account the age of the second petitioner, notice is issued confining to the question of sentence. Exemption from surrendering granted on 20th April, 2015 shall continue to remain in operation pending further orders. ” It is submitted that in compliance of order quoted above counsel for the petitioner has on 21.05.2015 deposited cost Rs. 2000/ with Supreme Court Employees Mutual Welfare Fund. It is further submitted that in compliance of order quoted above the Special Leave Petition was updated as dismissed in respect of Petitioner No. 1 and cause title is amended accordingly. Copy of Amended Cause Title has been included in the Special Leave Petition Paper Books has been included for kind perusal of the Hon'ble Court. It is further submitted that show cause notice was issued to the sole respondent through Registered AD post on 16.06.2015. It is further submitted that AD Card duly signed has been received from sole Respondent but no one has entered Vakalatnama/Appearance on behalf of sole Respondent/State of Karnataka so far.
Service of show cause notice is complete. The matter above mentioned is listed before the Hon'ble Court with this office report. DATED this the 1st day of September, 2015 ASSISTANT REGISTRAR Copy to: 1. M/s. S. Legal Associates, Advocates 2. *Mr. V. N. Raghupathy, Advocate * You are requested to file Vakalatnama/Appearance on behalf of the sole Respondent/ State of Karnataka. ASSISTANT REGISTRAR c4
Ö ITEM NO.66 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 4600/2015 (Arising out of impugned final judgment and order dated 23/06/2011 in CRLA No. 431/2006 passed by the High Court of Karnataka Circuit Bench at Dharwad) BASAPPA Petitioner(s) VERSUS STATE OF KARNATAKA Respondent(s) (with interim relief and office report) Date : 07/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Sharangauda Patil,Adv. Ms. Supreeta Patil,Adv. For M/s. S-Legal Associates For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Dasti service of notice, in addition to the usual mode, is permitted to be effected on the Standing Counsel for the respondent/State. Call after a week. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byNarendra PrasadDate: 2015.09.0817:02:28 ISTReason:
ITEM NO.89 REGISTRAR COURT. 1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (Crl.) No(s). 4600/2015 BASAPPA Petitioner(s) VERSUS STATE OF KARNATAKA Respondent(s) (with office report) Date : 19/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Rajshri Dubey, Adv. M/s S-legal Associates,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service upon the sole respondent is complete but none has entered appearance. The petition stands complete. Registry to process to list the same before the Hon'ble Court, as per rules. (RACHNA GUPTA) Registrar
| ITEM NO.89 REGISTRAR COURT. 1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (Crl.) No(s). 4600/2015 BASAPPA Petitioner(s) VERSUS STATE OF KARNATAKA Respondent(s) (with office report) Date : 19/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Rajshri Dubey, Adv. M/s S-legal Associates,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service upon the sole respondent is complete but none has entered appearance. The petition stands complete. Registry to process to list the same before the Hon'ble Court, as per rules. (RACHNA GUPTA) RegistrarSignature Not VerifiedDigitally signed byRupam DhamijaDate: 2015.08.2212:12:56 ISTReason:
ITEM NO.93 REGISTRAR COURT. 1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (Crl.) No(s). 4600/2015 BASAPPA Petitioner(s) VERSUS STATE OF KARNATAKA Respondent(s) (with appln. (s) for c/delay in filing SLP and office report) Date : 13/07/2015 This petition was called on for hearing today. For Petitioner(s) Mr Sharanagouda Patil, Adv. M/s S-legal Associates,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service of the sole respondent is still awaited. List again on 19.8.2015. (RACHNA GUPTA) Registrar
® ITEM NO.93 REGISTRAR COURT. 1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (Crl.) No(s). 4600/2015 BASAPPA Petitioner(s) VERSUS STATE OF KARNATAKA Respondent(s) (with appln. (s) for c/delay in filing SLP and office report) Date : 13/07/2015 This petition was called on for hearing today. For Petitioner(s) Mr Sharanagouda Patil, Adv. M/s S-legal Associates,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service of the sole respondent is still awaited. List again on 19.8.2015. (RACHNA GUPTA) RegistrarSignature Not VerifiedDigitally signed byHema JoshiDate: 2015.07.1617:35:33 ISTReason:
SLP(Crl) No. ..... /2015 CRLMP No. 6990/2015 ITEM NO.29 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No......../2015 CRLMP No. No.6990/2015 (Arising out of impugned final judgment and order dated 23/06/2011 in CRLA No. 431/2006 passed by the High Court of Karnataka Circuit Bench at Dharwad) MANJU AND ANR. Petitioner(s) VERSUS STATE OF KARNATAKA Respondent(s) (With application for condonation of delay in filing SLP and office report) Date : 08/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Sharana Gouda Patil, Adv. For M/s S-legal Associates, Advs. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned subject to payment of costs of Rs. 2,000/- (Rupees Two thousand) to the Supreme Court Employees' Welfare Fund within a period of four weeks. Special Leave Petition qua petitioner No. 1 is PAGE NO. 1 OF 2
SLP(Crl) No. ..... /2015 CRLMP No. 6990/2015 dismissed. Taking into account the age of the second petitioner, notice is issued confining to the question of sentence. Exemption from surrendering granted on 20 th April, 2015 shall continue to remain in operation pending further orders. [KALYANI GUPTA] COURT MASTER [SHARDA KAPOOR] COURT MASTER PAGE NO. 2 OF 2
SLP(Crl) No. ..... /2015 CRLMP No. 6990/2015 ITEM NO.29 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No......../2015 CRLMP No. No.6990/2015 (Arising out of impugned final judgment and order dated 23/06/2011 in CRLA No. 431/2006 passed by the High Court of Karnataka Circuit Bench at Dharwad) MANJU AND ANR. Petitioner(s) VERSUS STATE OF KARNATAKA Respondent(s) (With application for condonation of delay in filing SLP and office report) Date : 08/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Sharana Gouda Patil, Adv. For M/s S-legal Associates, Advs. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned subject to payment of costs of Rs. 2,000/- (Rupees Two thousand) to the Supreme Court Employees' Welfare Fund within a period ofSignature Not VerifiedDigitally signed by four weeks.Kalyani GuptaDate: 2015.05.1409:37:02 ISTReason: Special Leave Petition qua petitioner No. 1 is PAGE NO. 1 OF 2SLP(Crl) No. ..... /2015 CRLMP No. 6990/2015 dismissed. Taking into account the age of the second petitioner, notice is issued confining to
the question of sentence. Exemption from surrendering granted on 20th April, 2015 shall continue to remain in operation pending further orders. [KALYANI GUPTA] [SHARDA KAPOOR] COURT MASTER COURT MASTERPAGE NO. 2 OF 2
ITEM NO.29 COURT NO.3 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.).....CRLMP No.6331/2015 (Arising out of impugned final judgment and order dated 23/06/2011 in CRLA No. 431/2006 passed by the High Court of Karnataka Circuit Bench at Dharwad) MANJU AND ANR. Petitioner(s) VERSUS STATE OF KARNATAKA Respondent(s) CRLMP. 6331/2015(with exemption from surrendering and office report) Date : 20/04/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH [IN CHAMBERS] For Petitioner(s) Mr. Sharanagouda Patil, Adv. M/s S-legal Associates,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Criminal Miscellaneous Petition for exemption from surrendering is allowed. (Rajni Mukhi) (Pardeep Kumar) Sr. P.A. AR-cum-PS