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Judgment
A.N. Venugopala Gowda
Heard Sri Rajkumar C, learned advocate for the petitioner and Sri Vijayakumar Majage, learned High Court Government Pleader for the respondent and perused the record. Sri Rajkumar submitted that the petitioners give up the challenge in the petition to the Judgment/s of conviction for the offence in question and that the consideration is confined only to the question of sentence. He submitted that the sentence imposed for the offence in question is irrational and also contrary to S. 78(3) of the Karnataka Police Act (for short, the Act).
Sri Vijayakumar Majage, on the other hand, submitted that for the offence in question, there can be imprisonment and also levy of fine and hence, the sentence imposed on the petitioners is justified.
The four petitioners have been convicted under S. 78(3) of the Act and sentenced to undergo S.I. for a period of one month and pay fine of Rs. 500/- each, with default stipulation.
The occurrence took place on 18.06.2009. Petitioners have faced prosecution and in between, three years'' period has elapsed. S. 78(3) of the Act provides for sentence of imprisonment or fine or with both. Learned Magistrate without assigning any reason has ordered the sentence in question, which has been affirmed by the learned Sessions Judge. Since more than three years'' period has elapsed, taking into consideration the fact that the petitioners are still young and are doing menial jobs and have family obligations and there being no evidence that the petitioners had committed similar offence earlier, there is no need to send the petitioners to jail for the offence in question. In the circumstances, the sentence of imprisonment imposed on the petitioners warrants interference.
In the result, the petition is allowed in part.
The conviction of the petitioners for the offence under S. 78(3) of the Act is maintained. The sentence of imprisonment is set aside and sentence of fine with default stipulation is maintained.
15 days'' time is allowed to the petitioners to pay the fine amount, if not, already deposited.