- 1 - HC-KAR NC: 2025:KHC:19268 CRL.RP No. 839 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION NO. 839 OF 2017 BETWEEN: B. L. RAGHAVENDRA AGE 27 YEARS, S/O B C LAKSHMINARASAPPA ELECTRICIAN R/O BELLADAMADUGU VILLAGE, MADHUGIRI TALUK TUMAKURU DISTRICT – 572 132. …PETITIONER (BY SRI HARISH N R, ADVOCATE FOR SRI PATEL D KARE GOWDA, ADVOCATE) AND: STATE BY TOWN POLICE CHITRADURGA CHITRADURGA DISTRICT – 577 501. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SRI M DIVAKAR MADDUR, HCGP) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 Cr.P.C PRAYING TO SET ASIDE JUDGMENT AND ORDER DATED 19.07.2017 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN CRL.A.NO.09/2017 AND THE JUDGMENT AND ORDER DATED 21.01.2017 PASSED BY THE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19268 CRL.RP No. 839 of 2017 PRINCIPAL CIVIL JUDGE AND J.M.F.C., CHITRADURGA IN C.C.NO.475/2015 AND DISMISS THE COMPLAINT BY ALLOWING THE ABOVE CRL.RP. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This Criminal Revision under Section 397/401 of Cr.P.C. has been filed by the petitioner being aggrieved by the impugned judgment dated 19.07.2017 passed by the I Additional District and Sessions Judge, Chitradurga, whereby the judgment of conviction and order on sentence dated 21.01.2017 passed by the Principal Civil Judge and JMFC, Chitradurga in C.C. No. 475/2015, by which the petitioner has been convicted for offence under Section 379 of IPC and sentenced to undergo rigorous imprisonment for a period of one year. 2. Prosecution story in brief is that on 22.12.2014, at about 02.30 pm, while P.W.1 had been to nature call by parking his Innova Car bearing registration - 3 - HC-KAR NC: 2025:KHC:19268 CRL.RP No. 839 of 2017 No. KA15-M-6222 in front of house belonging to P.W.3 situated near under bridge, Medehalli Road, Chitradurga town, he had left the key in the car itself and at that time, the petitioner - accused committed theft of said Innova car worth Rs.18.00 lakhs by sitting inside the car, started the same and left the spot. P.W.7 caught hold of the petitioner – accused and vehicle near Namakal Garage, Chitradurga, P.W.1 and P.W.7 took the accused to Town Police Station, Chitradurga. P.W.1 filed complaint. The Police, after investigation, filed charge sheet against the petitioner – accused for offence under Section 379 of IPC. The petitioner – accused admitted the charge and took a plea that he has been falsely implicated in the matter. The trial Court, after scrutinizing the evidence on record and considering the rival submissions made by both the parties, has rightly convicted the petitioner – accused for offence under Section 379 of IPC and passed the sentence as noted above. Being aggrieved by the said judgment, the petitioner – accused filed Crl.A. No. 9/2017 and the - 4 - HC-KAR NC: 2025:KHC:19268 CRL.RP No. 839 of 2017 same came to be dismissed affirming the judgment of conviction passed by the trial Court. 3. Petitioner has preferred this criminal revision petition on several grounds, but, during the course of argument, learned counsel for petitioner did not press this revision on merit and not assailed the finding part of impugned judgment. He confines his arguments on the point of sentence only and prays that since the petitioner who is aged 34 years remained 29 days in custody and suffered trial for 10 years and he is not having any criminal antecedent, therefore, present revision petition be disposed of and jail sentence awarded to the petitioner – accused be reduced to the period already undergone. 4. Learned HCGP appearing for the respondent – State, on the other hand, supported the impugned judgment and prays for dismissal of this revision. 5. Since the petitioner has not challenged the conviction recorded by the Courts below, in these circumstances, conviction recorded against the petitioner – - 5 - HC-KAR NC: 2025:KHC:19268 CRL.RP No. 839 of 2017 accused for the offence under Section 379 of IPC is hereby confirmed. However, considering the facts and circumstances of the case and the fact that the petitioner has already suffered jail sentence for 29 days, he is facing trial since 2015, i.e., about 10 years now, he is aged about 34 years and he is not having any criminal background, this Court finds that it would be appropriate to partly allow the revision by confirming the conviction, however by reducing his jail sentence to the period already undergone, but, by imposing the fine amount to Rs.25,000/-. 6. Accordingly, this revision petition is partly allowed by maintaining the conviction but by reducing the jail sentence to the period already undergone by the petitioner, however, by imposing fine amount of Rs.25,000/- and in default to pay the fine amount, to undergo simple imprisonment for a period of one month. Fine amount shall be deposited before the trial Court within a period of one month from this day. In case of - 6 - HC-KAR NC: 2025:KHC:19268 CRL.RP No. 839 of 2017 default of payment of fine amount, the trial Court shall proceed accordingly. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 65