Gangadharappa and Others vs State of Karnataka

Kumar Rajaratnam J.

In this case, after the orders were pronounced, learned Counsel for A-1 and A-2 sought leave of this Court to stay the Order passed by this Court in Criminal Appeal No. 308/1990 to enable the appellants to approach the Supreme Court by filing a Special Leave Petition. At first blush this Court was not impressed with the prayer made by the learned Counsel for the appellants. The Court felt that this Court has no power to stay its own order. However, the matter has been posted today at the request of the learned Counsel for the appellants stating that a Division Bench of this Court in similar circumstances has passed an order suspending the sentence passed on the accused for a limited period to enable the accused to prefer Special Leave Petition. The learned Counsel for the appellants cited a judgment reported in B. Subbaiah Vs. The State of Karnataka, In this case, the Court held that Section 389(3) of the Code of Criminal Procedure is not attracted. However, exercising the powers u/s 482 of the Code, this Court suspended the order for a period of 6 weeks to enable the accused to prefer Special Leave Petition. I am respectfully bound by the Division Bench Judgment of this Court.

Accordingly, the order passed by this Court is suspended for a period of 6 weeks from this day.

Issue copy of the judgment within one week.