1
ITEM NO.1706 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
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 6643/2024
ANNU Petitioner(s)
VERSUS
THE STATE OF KARNATAKA Respondent(s)
( IA No.44785/2024-CONDONATION OF DELAY IN FILING and IA No.44787/2024-EXEMPTION FROM SURRENDERING WITHIN TIME )

Date : 26-02-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE UJJAL BHUYAN
[IN CHAMBER]
For Petitioner(s) M/S. Veritas Legis, AOR
Mr. Ananga Bhattacharyya, Adv.
Ms. Devahuti Tamuli, Adv.
Mr. Krishanu Barua, Adv.

For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
IA No.44787/2024
Heard learned counsel for the petitioner.
This Interlocutory Application has been filed seeking exemption from surrendering.
Petitioner was convicted, by the Court of Judicial Magistrate First Class, Karkala, vide the judgment and order dated 27.02.2013, under Sections 279,337 and 304A of IPC as well as under Section 134(a)(b) read with Section 187 of the Motor Vehicles Act, 1988. It may be mentioned that after convicting the petitioner for the aforesaid offences the learned Judicial Magistrate sentenced the petitioner to undergo six months of Simple Imprisonment(SI) with fine of Rs.1,000/- for the offence under Section 279 of IPC; similar sentence for the offence under Section 337 of the IPC; one year of SI with fine of Rs.2,500/- for the offence under Section 304A of IPC; and three months of SI with fine of Rs.500/- under Section 134(a)(b) of the Motor Vehicles Act, 1988, all the sentences to run concurrently.

Appeal filed by the petitioner before the Court of Principal Sessions Judge, Udupi, was dismissed vide the judgment and order dated 20.04.2015.

Thereafter, the petitioner filed a Revision Petition before the High Court of Karnataka at Bengaluru, which also came to be dismissed vide the judgment and order dated 29.08.2023.
Learned counsel for the petitioner submits that petitioner was bail during the trial, during the appellate proceedings as well as during the revisional proceedings before the High Court.

After hearing learned counsel for the petitioner and having regard to the sentence imposed, exemption is granted to the petitioner from surrendering.

Interlocutory Application No. 44787/2024 is allowed.
(VARSHA MENDIRATTA) (RAM SUBHAG SINGH)
COURT MASTER (SH) COURT MASTER (NSH)