Supreme Court Grants Probation in Gambling Conviction Case

The case revolves around an appeal filed by Soori @ T.V. Suresh against his conviction under Section 80 of the Karnataka Police Act, 1963. The Supreme Court’s judgment primarily focused on whether the appellant could be granted the benefit of probation.

Background of the Case

The case dates back to August 16, 2007, when an FIR was registered against 24 individuals, including the appellant, under Sections 79 and 80 of the Karnataka Police Act. The accused were found indulging in gambling. The trial court convicted them and sentenced them to one year of imprisonment along with a fine of ₹600 after they pleaded guilty. Subsequently, the trial court modified the sentence to imprisonment till the rising of the court, considering the affidavits submitted by the accused undertaking that they would not commit such an offense again.

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State’s Appeal and High Court Proceedings

The State challenged the trial court’s decision and appealed against five of the accused, including the appellant. The Additional Sessions Judge, Mysore, allowed the appeal against the appellant on May 3, 2010, sentencing him to one month of imprisonment and imposing a fine of ₹200 under Section 80 of the Act while acquitting him under Section 79. The appellant challenged this decision in the High Court, which dismissed his revision petition on July 21, 2022.

Arguments by the Appellant

The appellant contended that he was not a habitual offender and had not engaged in any such activities after the 2007 incident. He argued that there were no pending cases against him and that he should be granted the benefit of probation.

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State’s Counterarguments

The respondent State opposed the appeal, arguing that the appellant was involved in a serious offense of gambling in a public place. Additionally, the State pointed out that he had prior involvement in cases under Section 107 of the Criminal Procedure Code (CrPC), which dealt with preventive action against individuals likely to cause a breach of peace.

Supreme Court’s Decision

The Supreme Court observed that the incident took place in 2007, and the appellant was 31 years old at the time. Importantly, the Court noted that there were no subsequent gambling-related cases against him, though there were some cases under Section 107 CrPC.

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Considering the circumstances, the Supreme Court granted the appellant the benefit of probation under Section 360 CrPC. The judgment stated:

“In our opinion, the appellant deserves to be granted the benefit of probation.”

Consequently, the Court directed that the appellant be released on probation, subject to entering a bond and providing two sureties to ensure good behavior for the duration of his sentence. If he fails to comply, he may be required to serve the original sentence.

Conclusion

This judgment underscores the Supreme Court’s approach in cases where the accused has shown no repeated offenses and highlights the importance of rehabilitation over strict punitive measures in certain circumstances. The Court’s decision reinforces the principle that first-time offenders can, in suitable cases, be given a chance for reformation rather than being subjected to incarceration.

Petitioner Name: Soori @ T.V. Suresh.
Respondent Name: The State of Karnataka.
Judgment By: Justice Abhay S. Oka, Justice Rajesh Bindal.
Place Of Incident: Karnataka.
Judgment Date: 15-05-2023.

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