- 1 - HC-KAR NC: 2025:KHC-K:3011 CRL.A No. 200192 of 2022 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL APPEAL NO. 200192 OF 2022 (374(Cr.PC)/415(BNSS)) BETWEEN: SHIVAJI S/O RAVI JANVEER, AGE:35 YEARS, OCC: KSRTC DRIVER, R/O. M.P. GALLI, HUMNABAD, TQ. HUMNABAD, DIST. BIDAR-585401. …APPELLANT (BY SRI SANJAY A. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HUMNABAD POLICE STATION, TQ. HUMNABAD, DIST. BIDAR-585401, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3011 CRL.A No. 200192 of 2022 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C., PRAYING SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCE DATED 17.10.2022 PASSED BY THE II ADDL. DISTRICT & SESSIONS COURT, BIDAR, SITTING AT BASAVAKALYAN, IN S.C. NO.76/2018, CONVICTING THE APPELLANT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 504, 506 AND 326 OF IPC AND THEREBY SENTENCING HIM TO UNDERGO S.I. FOR 1 YEAR AND TO PAY FINE OF RS.2000/- FOR OFFENCE PUNISHABLE UNDER SECTION 504 OF IPC IN DEFAULT S.I. FOR 1 MONTH, FURTHER CONVICTING APPELLANT AND SENTENCING TO UNDERGO S.I. FOR 2 YEARS AND TO PAY A FINE OF RS.5000/- FOR THE OFFENCE PUNISHABLE UNDER SECTION 506 OF IPC AND IN DEFAULT SHALL UNDERGO S.I. FOR 1 MONTH AND FURTHER SENTENCING S.I. FOR A PERIOD OF 3 YEARS AND TO PAY A FINE OF RS.8000/- FOR THE OFFENCES PUNISHABLE UNDER SECTION 326 OF IPC IN DEFAULT FURTHER UNDERGO S.I. FOR 2 MONTHS. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Accused/appellant - Shivaji present. 2. Defacto-complainant/injured Sri Subhash present. - 3 - HC-KAR NC: 2025:KHC-K:3011 CRL.A No. 200192 of 2022 3. Heard learned counsel Sri Sanjay A. Patil, appearing for the appellant/accused and learned High Court Government Pleader appearing for the respondent/State. 4. At the outset Sri Sanjay A. Patil would submit that having regard to the attendant facts and circumstances there is not much to submit with regard to the order of conviction, especially, in view of the Wound Certificate marked at Ex.P4. Injured has suffered grievous injuries, which is depicted in Ex.P4. 5. However, Sri Sanjay Patil would contend that the incident has occurred at the spur of the moment and accused has retraced his steps and is a family person having wife and two children to be maintained. 6. Therefore, custody period already undergone may be treated as period of imprisonment for the proved offence by enhancing the fine amount reasonably. - 4 - HC-KAR NC: 2025:KHC-K:3011 CRL.A No. 200192 of 2022 7. Per Contra, learned High Court Government Pleader for respondent No.1-State on instructions from the complainant and injured submits that in the event this Court modifying the order of sentence, complainant is not interested in receiving any compensation from the accused but, accused must be warned not to interfere with the affairs of the injured in future. 8. Learned High Court Government Pleader would also submit that in the event if any criminal act is conducted by the accused, then an opportunity be provided to revive the present appeal insofar as the quantum of sentence is concerned. 9. Taking note of the attendant facts and circumstances of the case and also taking note of the fact that the incident has occurred in the year 2016 and sherely on luck and fortune injured survived, having regard to the injuries found in Ex.P4 this Court is of the considered opinion that while maintaining the conviction of - 5 - HC-KAR NC: 2025:KHC-K:3011 CRL.A No. 200192 of 2022 the accused for the offence under Section 326 of IPC, the sentence needs to be modified by directing the accused to pay enhanced fine of Rs.50,000/- for the proved offence and directing the accused that the custody period already undergone by the accused shall be treated as period of imprisonment. 10. Hence, the following: ORDER a) Appeal is allowed in part. b) While maintaining the conviction of the accused for the offences punishable under Sections 504, 506 and 326 of IPC, custody period already undergone by the accused is treated as period of imprisonment by enhancing the fine amount in a sum Rs.50,000/- to be paid on or before 15.07.2025, which shall be utilized for defraying the expense of the State. - 6 - HC-KAR NC: 2025:KHC-K:3011 CRL.A No. 200192 of 2022 c) Failure to pay the enhanced fine amount, the sentence of imprisonment as ordered by the learned Sessions Judge shall stand restored automatically. d) It is hereby warned that the appellant shall not in anyway interfere with the affairs of the complainant/injured - Sri Subhash in any manner and any such interference if made by the accused, would entitle the de-facto complainant to take action in accordance with law. e) Office is directed to return the Trial Court records with copy of this order forthwith. Sd/- (V SRISHANANDA) JUDGE SBS/SRT List No.: 1 Sl No.: 79 CT:PK