Case Note & Summary
The Supreme Court considered an appeal against conviction under Section 80 of the Karnataka Police Act, 1963 for gambling. The appellant, Soori @ T.V. Suresh, was one of 24 accused in an FIR dated 16.8.2007. The Trial Court convicted them under Sections 79 and 80, sentencing them to one year imprisonment and fine, but after the accused pleaded guilty and filed affidavits undertaking not to reoffend, the sentence was reduced to imprisonment till the rising of the court. The State appealed against accused nos. 1 to 5. The Additional Sessions Judge, Mysore, on 3.5.2010, allowed the appeal against the appellant (accused no.1), sentencing him to one month imprisonment and fine of ₹200 under Section 80, while acquitting him under Section 79. The High Court dismissed the appellant's revision petition on 21.7.2022. The Supreme Court issued notice limited to the question of probation. The appellant argued he was not a habitual offender and had no other cases. The State opposed, citing involvement in cases under Section 107 CrPC. The Court noted the incident was from 2007, the appellant was about 31 years old, and there were no subsequent gambling offences. It held the appellant deserved probation under Section 360 CrPC and directed his release on bond with two sureties to maintain peace and good behaviour for the duration of the sentence.
Headnote
A) Criminal Law - Probation - Section 360 CrPC - Non-habitual offender - Appellant convicted under Section 80 of Karnataka Police Act, 1963 for gambling - Incident of 2007, appellant aged 31 years, sentenced to one month imprisonment - No subsequent gambling offences, only cases under Section 107 CrPC - Supreme Court held that appellant deserves benefit of probation, released on bond with sureties to maintain peace and good behaviour (Paras 1-8).
Issue of Consideration
Whether the appellant, convicted under Section 80 of the Karnataka Police Act, 1963, can be granted the benefit of probation under Section 360 of the Code of Criminal Procedure, 1973.
Final Decision
Appeal disposed of. Appellant directed to be released on probation under Section 360 CrPC on entering into bond and two sureties to maintain peace and good behaviour for the duration of his sentence, failing which he can be called upon to serve the sentence.
Law Points
- Probation under Section 360 CrPC
- Non-habitual offender
- Sentencing discretion
- Karnataka Police Act Section 80
Case Details
Criminal Appeal No. 1463 of 2023 (Arising out of SLP(Crl) No. 2958 of 2023)
Abhay S. Oka, Rajesh Bindal
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Nature of Litigation
Criminal appeal against conviction under Section 80 of Karnataka Police Act, 1963 for gambling.
Remedy Sought
Appellant sought benefit of probation under Section 360 CrPC.
Filing Reason
Appellant was convicted and sentenced to one month imprisonment by the first appellate court, which was upheld by the High Court.
Previous Decisions
Trial Court convicted under Sections 79 and 80, sentenced to one year, later reduced to imprisonment till rising of court. First Appellate Court sentenced to one month imprisonment under Section 80, acquitted under Section 79. High Court dismissed revision.
Issues
Whether the appellant can be granted benefit of probation under Section 360 CrPC.
Submissions/Arguments
Appellant argued he is not a habitual offender and has not indulged in gambling after the incident.
State argued appellant was involved in cases under Section 107 CrPC and does not deserve probation.
Ratio Decidendi
A non-habitual offender convicted under Section 80 of Karnataka Police Act, 1963 for a single gambling incident in 2007, with no subsequent gambling offences, deserves the benefit of probation under Section 360 CrPC.
Judgment Excerpts
The appellant having been convicted under Section 80 of the Karnataka Police Act, 1963 has filed the present appeal.
In our opinion, the appellant deserves to be granted the benefit of probation.
The appellant is directed to be released on probation under Section 360 Cr.P.C. on entering into bond and two sureties each to ensure that he will maintain peace and good behaviour for the duration of his sentence, failing which he can be called upon to serve the sentence.
Procedural History
FIR dated 16.8.2007 registered against 24 accused under Sections 79 and 80 of Karnataka Police Act, 1963. Trial Court convicted on 21.8.2007, sentenced to one year, later reduced to imprisonment till rising of court. State appealed; Additional Sessions Judge, Mysore on 3.5.2010 sentenced appellant to one month imprisonment under Section 80, acquitted under Section 79. High Court dismissed Criminal Revision Petition No.900 of 2013 on 21.7.2022. Supreme Court granted leave limited to probation issue on 27.2.2023 and disposed of appeal on 15.5.2023.
Acts & Sections
- Karnataka Police Act, 1963: 79, 80
- Code of Criminal Procedure, 1973 (CrPC): 360, 107
