09 August 2010
Supreme Court
Download

STATE OF KARNATAKA Vs THIMMAPPA @ CHANNARAJU

Bench: HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
Case number: Crl.A. No.-001559-001559 / 2010
Diary number: 19033 / 2010
Advocates: ANITHA SHENOY Vs


1

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

    CRIMINAL APPEAL NO. 1559 OF 2010 ARISING OUF OF  

SPECIAL LEAVE PETITION (CRL.) NO. 7020 of 2010 ARISING OUF OF  

CRIMINAL MISCELLNEOUS PETITION NO. 16028 of 2010

    STATE OF KARNATAKA           APPELLANT  

                VERSUS

    THIMMAPPA@ CHANNARAJU AND ANR.   RESPONDENTS

O R D E R

1. Delay condoned.

2. Leave granted.

3. We  have  heard  the  learned  counsel  for  the  

appellant.  

4. In  the  light  of  the  fact  that  the  respondent-

accused has already completed his sentence, we see no  

reason  to  interfere  with  the  order  of  acquittal.  

However, the learned counsel has forcefully argued that  

the imposition of a fine of Rs. 10,000/- payable to the  

accused by the State of Karnataka was not called for.  

We  also  see  from  the  record  that  the  delay  in  the  

hearing of the appeal was occsasioned partly due to the  

fact  that  the  counsel  for  the  accused  had  remained

2

2

absent during several dates of hearing.   

5. In this view of the matter, we feel that the award  

of compensation was not justified.

6. We, accordingly, modify the judgment of the High  

Court to the extent that costs of Rs. 10,000/- shall be  

deemed to be waived.   Appeal is disposed of.

      ........................J        [HARJIT SINGH BEDI]

 ........................J        [C.K. PRASAD]

NEW DELHI AUGUST 09, 2010.