- 1 - HC-KAR NC: 2025:KHC-K:3583 CRL.RP No. 200028 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.200028 OF 2021 (397(Cr.PC)/438(BNSS)) BETWEEN: AMBUSHA S/O SHANKARSHA ARSHIDI, AGE: 47 YEARS, OCC: DRIVER, R/O DEVALGHANGAPUR, TQ. AFZALPUR, DIST. KALABURAGI. …PETITIONER (BY SRI RAJESH DODDAMANI, ADVOCATE) AND: THE STATE THROUGH DEVALGHANGAPUR POLICE STATION, NOW REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.RP. IS FILED U/S 397(1) OF CR.P.C., PRAYING TO EXAMINE THE RECORDS IN C.C.415/2014 AND SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY THE J.M.F.C. AT AFZALPUR DATED 18.06.2018 PASSED IN C.C.NO.415/2014 AND FURTHER SET ASIDE THE ORDER OF CONVICTION PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, KALABURAGI IN CRL.APPEAL NO.39/2018 DATED 30.09.2020 Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3583 CRL.RP No. 200028 of 2021 AND BE PLEASED TO ACQUIT THE REVISION PETITIONER IN C.C.NO.415/2014 REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC. 379 OF INDIAN PENAL CODE AND U/SEC. 3, 181 AND 192 OF I.M.V ACT. THIS PETITION, COMING ON FOR FINAL HEARING, 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 Rajesh G. Doddamani, learned counsel for the revision petitioner and Sri Jamadar Shahbuddin, learned High Court Government Pleader for the respondent/State. 2. The revision petitioner is accused, who suffered an order of conviction in C.C.No.415/2014 and convicted for the offences under Section 379 of the Indian Penal Code and Section 181 of the Indian Motor Vehicles Act. Accused has been sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs.1,000/- with default sentence for the offence - 3 - HC-KAR NC: 2025:KHC-K:3583 CRL.RP No. 200028 of 2021 punishable under Section 379 of IPC and for the offence under Section 181 of the Motor Vehicles Act, fine of Rs.500/- was imposed with default sentence. 3. The present revision petitioner is accused No.3 in the said criminal case and he was the driver of Tractor and Trailer Unit bearing No.KA-32/T-3480 and Chassis No.A1/3T/36 and was transporting the sand illegally from the riverbed of Bhima river near Deval Ganagapur. After due trial, revision practitioner was convicted for the aforesaid offences and sentenced as aforesaid. 4. Being aggrieved by the same, accused filed an appeal before the District Court in Criminal Appeal No.39/2018. 5. Learned Judge in the First Appellate Court after securing the records, heard the arguments of both parties and dismissed the appeal on merits and confirmed the order of conviction and sentence. - 4 - HC-KAR NC: 2025:KHC-K:3583 CRL.RP No. 200028 of 2021 6. Being further aggrieved by the same, the accused is before this Court. 7. Sri Rajesh G. Doddamani, learned counsel for the petitioner reiterating the grounds urged in the revision petition contended that both the Courts have not properly appreciated the material evidence on record and wrongly convicted the revision petitioner, resulting in miscarriage of justice. 8. Alternatively, Sri Rajesh G. Doddamani would contend that in the event of this Court upholding the order of conviction, since the accused is a first time offender, the period of imprisonment already undergone by the petitioner may be treated as a period of imprisonment by enhancing the fine amount reasonably and sought for allowing the revision petition to such an extent. 9. Per contra, Sri Jamadar Shahabuddin, learned High Court Government Pleader supports the impugned judgment and sought for allowing the appeal. - 5 - HC-KAR NC: 2025:KHC-K:3583 CRL.RP No. 200028 of 2021 10. Having heard the arguments on both sides, this Court perused the material on record meticulously. On such perusal of the material on record, it is crystal clear that the learned Trial Judge following the judgment of the Honourable Apex Court on the question of accepting the testimony of the official witnesses, noted the seizure of sand in the trailer and tractor unit driven by the present revision petitioner and has rightly convicted the accused. 11. Admittedly, the head of the raid party and other sub-staff of the raid party did not nurture any previous enmity or animosity against the petitioner herein to falsely implicate the revision petitioner. 12. Pertinently, there was no pass or permit possessed by the revision petitioner for transporting the illegally mined sand from the riverbed of Bhima river near Deval Ganagapur and the revision petitioner was apprehended with the load of sand. In the absence of proper explanation, convicting the revision petitioner for - 6 - HC-KAR NC: 2025:KHC-K:3583 CRL.RP No. 200028 of 2021 the offences under Section 379 of IPC and Section 181 of IMV Act, needs no interference by this Court that too in the revisional jurisdiction. 13. Having said so, it is noticed that accused is a first time offender. There are no complaints against the revision petitioner post the incident. 14. Taking note of these aspects of the matter, if the custody period already undergone by the accused is treated as the period of imprisonment by enhancing the fine amount of Rs.25,000/-, ends of justice would be met. 15. Accordingly, the following: ORDER (a) The revision petition is allowed in part. (b) While maintaining the conviction of the accused for the offences under Section 379 of IPC and Section 181 of IMV Act, the custody period already undergone by the revision petitioner is treated as period of imprisonment by enhancing the fine - 7 - HC-KAR NC: 2025:KHC-K:3583 CRL.RP No. 200028 of 2021 amount in a sum of Rs.25,000/- payable on or before 31.07.2025. (c) Failure to pay the enhanced fine amount, would automatically result in restoration of the sentence ordered by the Trial Magistrate and confirmed by the First Appellate Court. (d) Office is directed to return the Trial Court records with a copy of this order forthwith for issue of modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 79 CT:PK