ITEM NO.26 COURT NO.7 SECTION II-C 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). 4635/2025 [Arising out of impugned final judgment and order dated 20-12-2024 in CRA No. 200068/2021 passed by the High Court of Karnataka at Kalaburagi] SOMAPPA & ANR. Petitioner(s) VERSUS THE STATE OF KARNATAKA Respondent(s) (IA No. 62517/2025 - EXEMPTION FROM FILING O.T.) Date : 05-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. D N Goburdhan, Sr. Adv. Mrs. Rajani K Prasad, Adv. Mr. B. Krishna Prasad, AOR For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R Interim order granted on 21.03.2025 to continue until further orders. Learned senior counsel for the petitioners also drew our attention to the fact that under Section 23 of the Protection of Children from Sexual offences Act, 2012 (for short “POCSO Act”), the punishment could be either imprisonment or payment of fine whereas under Section 228A of the Indian Penal Code, 1860 (for short “IPC”) it is imprisonment and fine. Learned senior counsel submitted that POCSO Act being a Special Act, the same would override Section 228A 1
of IPC. Hence, the said aspect may be considered in this matter. Issue notice to the respondent. Petitioners’ counsel is also permitted to serve the standing counsel for the respondent-State. (RADHA SHARMA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) 2
1 ITEM NO.1706 COURT NO.9 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10080/2025 SOMAPPA & ANR. Petitioner(s) VERSUS THE STATE OF KARNATAKA Respondent(s) FOR ADMISSION IA No. 62517/2025 - EXEMPTION FROM FILING O.T. IA No. 62521/2025 - EXEMPTION FROM SURRENDERING WITHIN TIME Date : 21-03-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PRASANNA B. VARALE [IN CHAMBER] For Petitioner(s) : Mrs. Rajani K Prasad, Adv. Mr. B. Krishna Prasad, AOR For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R IA No. 62521/2025 1. This application has been filed by the applicants/ petitioners seeking exemption from surrendering. 2. Heard the learned counsel appearing for the petitioners/applicants. 3. The learned counsel submits that the petitioners are challenging the judgment and order dated 20.12.2024, passed by the Division Bench of the Karnataka High Court in Criminal Appeal Nos.200068 and 200072 of 2021, whereby, the High Court dismissed the appeals by maintaining the judgment and order of conviction and sentence awarded to
2 the original accused persons. 4. It is briefly stated that the petitioners/ original accused(s), who are charged for commission of offence under Sections-228A of the Indian Penal Code and Section 23 of the POCSO Act, 2012, both the Courts i.e the Trial Court as also the High Court found that the prosecution, by oral and documentary evidence, were successful in establishing its case against the accused persons. 5 The prosecution examined as many as 11 witnesses, and placed on record as many as 12 documents supporting its case. The learned counsel for the petitioners submits that the petitioners have raised substantial grounds in the challenge to judgment and order dated 20.12.2024 passed by the High Court. It is further submitted that during the pendency of the appeals before the High Court, one of the accused expired, and as such, now the judgment and order is challenged by only two accused persons, namely, the Journalist and the Editor of a fortnightly newspaper which is being published in local language i.e. Kannada. 6. The learned counsel further submits that the applicants were enlarged on bail during pendency of trial and there is nothing on record to show that the petitioners/applicants committed breach of any conditions or misused the liberty granted to them. It is further submitted that there is nothing to show that there are any criminal antecedents against the petitioners.
3 7. On these grounds, the learned counsel, thus, prays for exemption from surrendering being granted to the petitioners. 8. The application (IA No. 62521/2025 ) stands allowed accordingly. 9. The petitioners are exempted from surrendering till the first listing before Court. (NISHA KHULBEY) (PREETI SAXENA) SENIOR PERSONAL ASSISTANT COURT MASTER(NSH)