Mahantesh vs. The State Of Karnataka

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1292 OF 2018 (ARISING OUT OF SLP(CRL.) NO.7205 OF 2018)

MAHANTESH ...APPELLANT(S)

THE STATE OF KARNATAKA ...RESPONDENT(S)

O R D E R

VERSUS

Leave granted.

Having heard learned counsel appearing for the parties and upon perusal of the record, we find that the High Court has reversed the acquittal of the appellant without hearing him on the short ground and convicted him for offences punishable under sections 279, 338 and 304(A) of the Indian Penal Code without awarding sentence.

In the circumstances, We consider it appropriate to set aside the impugned judgment of conviction passed by the High Court and remand the matter to the High Court for hearing afresh on merits.

Order accordingly.

With the aforesaid direction, the instant appeal is disposed of.

....................J [S. A. BOBDE] ....................J [L. NAGESWARA RAO]

NEW DELHI; OCTOBER 22, 2018.

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).7205/2018

(Arising out of impugned final judgment and order dated 19-01-2018 in CRLA No. 100009/2016 passed by the High Court Of Karnataka Circuit Bench At Dharwad)

MAHANTESH Petitioner(s)

VERSUS

THE STATE OF KARNATAKA Respondent(s)

(With appln.(s) for exemption from filing O.T.)

Date : 22-10-2018 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO

For Petitioner(s) Mr. Chinmay Deshpande, Adv. For Mr. Anirudh Sanganeria, AOR

For Respondent(s) Mr. V.N. Raghupathy, AOR Mr. Lagnesh Mishra, Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The instant appeal is disposed of in terms of the signed order.

Pending interlocutory applications, if any, stand disposed of.

(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed Order is placed on the file)