- 1 - HC-KAR NC: 2025:KHC-K:3669 CRL.RP No. 200057 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 200057 OF 2019 BETWEEN: SURESH S/O RANGARAO DABADE, AGE:68 YEARS, OCC: DISMISSED BOOKING CLERK, R/O PLOT NO.121, BANASHANKARI NAGAR, OLD JEWARGI ROAD, KALABURAGI …PETITIONER (BY SRI. GANESH NAIK, ADVOCATE) AND: THE STATE THROUGH WADI RAILWAY POLICE STATION, KALABURAGI, REP.BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI. SUDHIRSINGH R. VIJAPUR, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE AT KALABURAGI IN CRL.APPEAL NO.9/2017 DATED 16.07.2019 CONFIRMING THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT KALABURAGI IN C.C.NO.347/2005 DATED 31.01.2017 AND THEREBY ACQUIT THE APPELLANT OF ALL CHARGES. Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3669 CRL.RP No. 200057 of 2019 THIS PETITION, COMING ON FOR ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Ganesh Naik, learned counsel for the revision petitioner and Sri Sudhirsingh R. Vijapur, learned counsel for the respondent. 2. Revision petitioner is the accused who suffered an order of conviction in C.C. No.347/2005 dated 31st January 2017 on the file of the Principal Civil Judge and JMFC, Kalaburagi, for the offences punishable under sections 409 and 477A of the Indian Penal Code and sentenced as under: “Accused is hereby sentenced to undergo simple imprisonment for 2 years and liable to pay fine of Rs.2,000/- for commission of the offence under section 409 of IPC. In default of payment of fine amount accused shell undergo imprisonment for period of one month. Accused is hereby sentenced to undergo simple imprisonment for 2 years and liable to pay fine of Rs.1,000/- for commission of offence under section 477A of - 3 - HC-KAR NC: 2025:KHC-K:3669 CRL.RP No. 200057 of 2019 IPC. In default to pay fine amount accused shall undergo simple imprisonment for the period of one month” 3. Validity of the judgment of conviction and order of sentence was challenged in Criminal Appeal No.9/2017 on the file of the I Additional District and Sessions Judge, Kalaburagi. 4. Learned Judge in the First Appellate Court secured the records, heard the arguments of the parties in detail and by the judgment dated 16th July 2019 dismissed the appeal filed by the accused confirming the order of conviction and sentence passed by the learned Trial Judge. 5. Being further aggrieved by the same accused is before this Court in this revision petition. 6. Learned counsel for the petitioner contended that both the Courts have not properly appreciated the material on record and wrongly convicted the accused for the aforesaid offences resulting in miscarriage of justice and sought for allowing the revision petition. 7. Alternatively, Sri Ganesh Naik, would contend that in the event this Court upholding the order of conviction, taking note - 4 - HC-KAR NC: 2025:KHC-K:3669 CRL.RP No. 200057 of 2019 of the age of the petitioner being 75 years and alleged misappropriation to the tune of Rs.2,50,000/- is already deducted from the pensionary benefits, therefore 20 days spent by the petitioner/accused in custody during investigation may be treated as period of imprisonment by enhancing the fine amount reasonably. 8. Per contra, learned counsel for the respondent supports the impugned order. 9. He would contend that accused being Supervisor in reservation counter of Kalaburagi railway station was entrusted with tickets and other documents and there was automatic entrustment of property to the accused by virtue of his official position. 10. Admittedly the investigation agency was able to collect the material by which it is established that there was misappropriation of a sum of Rs.2,48,351/- which is unaccounted by the petitioner herein and therefore sought for dismissal of the petition. - 5 - HC-KAR NC: 2025:KHC-K:3669 CRL.RP No. 200057 of 2019 11. Insofar as alternative submission is concerned, merely because petitioner is aged 75 years, if leniency is shown, similarly placed perpetrators of crime would get encouraged and such misplaced sympathy cannot be granted to the petitioner and sought for dismissal of the petition in toto. 12. Having heard the learned counsel for the parties this Court perused the material on record meticulously. 13. On such perusal of the material on record, it is crystal clear that, accused/ petitioner worked as Supervisor in reservation counter at Kalaburagi Railway Station. By virtue of position held by him, there was automatic entrustment of property. He was found to have misappropriated the money to the tune of Rs.2,48,351/- which was belonging to railway department. 14. The material witness namely PWs 7, 8, 10 to 15 being officials of the railway department supported the case of the prosecution whereby the misappropriation stood established before the trial court. - 6 - HC-KAR NC: 2025:KHC-K:3669 CRL.RP No. 200057 of 2019 15. None of the above witnesses did nurture any previous enmity or animosity against the petitioner so as to falsely implicate him in the incident. 16. Taking note of these aspects of the matter learned Trial Judge recorded the conviction for the offences punishable under sections 409 and 477A of the Indian Penal Code. 17. Learned Judge in the first appellate court rightly appreciated the material evidence on record and dismiss the appeal. 18. This Court, that too, in revisional jurisdiction, cannot come to a different opinion on the material evidence placed on record. Accordingly conviction of the accused for the aforesaid offences needs no interference in this petition. 19. Having said thus, taking note of the fact that accused is a first time offender and was in custody for 20 days during investigation and is now aged 75 years and is suffering from age old ailments and also taking note of the fact that Rs.2,40,000/- has been already deducted from his pensionary benefits which was the misappropriated amount, enhancement - 7 - HC-KAR NC: 2025:KHC-K:3669 CRL.RP No. 200057 of 2019 of fine amount in a sum of Rs.50,000/- and setting aside the remaining period of imprisonment would meet the ends of justice in the peculiar facts and circumstances of the case. 20. Accordingly the following: ORDER (i) Petition is allowed in part. (ii) While maintaining the conviction of the petitioner for the offence punishable under section 409 and 477A of the Indian Penal Code, sentence ordered by the learned Trial Magistrate confirmed by the learned Judge in the First Appellate Court is modified by directing the custody period already undergone by the petitioner as the period of imprisonment and to pay enhanced fine amount in a sum of Rs.50,000/- on or before 31st July 2025. (iii) Failure to pay the enhanced fine amount as ordered by this Court, order of imprisonment passed by the learned Trial Judge confirmed by the learned Judge in the First Appellate Court stands restored automatically. - 8 - HC-KAR NC: 2025:KHC-K:3669 CRL.RP No. 200057 of 2019 (iv) Office is directed to return the Trial Court Records forthwith for issue of modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 49 CT:PK