- 1 - NC: 2025:KHC-D:5902 CRL.RP No. 100138 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100138 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: MAHANANDA W/O. NAGAPPA RESHMI, AGE: 54 YEARS, OCC. HOUSEHOLD, R/O. BYPASS ROAD, BAILHONGAL, DIST. BELAGAVI. …PETITIONER (BY SRI A.M. GUNDAWADE, ADVOCATE) AND: STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH BAILHONGAL P.S. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. 1973, SEEKING TO CALL FOR THE RECORDS OF THE CASE FROM THE TRIAL COURT INCLUDING THE FIRST APPELLATE COURT PERTAINING TO C.C. NO. 631/2010, ON THE FILE OF ADDITIONAL JMFC COURT BAILHONGAL AND FORM IX-ADDITIONAL SESSIONS JUDGE BELAGAVI, PERTAINING TO CRIMINAL APPEAL NO.240/2019, TO ASCERTAIN THE LEGALITY OF JUDGMENT AND ORDER AND TO ALLOW THE PRESENT CRIMINAL REVISION PETITION AND SET ASIDE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 15.07.2019, PASSED IN C.C. NO. 631/2010, BY ADDITIONAL JMFC COURT, BAILHONGAL AND JUDGMENT OF CONFIRMATION OF CONVICTION DATED 08.02.2023, PASSED BY THE IX-ADDITIONAL SESSIONS JUDGE BELAGAVI, IN CRIMINAL APPEAL NO.240/2019 AND TO ACQUIT THE PETITIONER/ACCUSED NO.1 FROM CHARGES U/SECTIONS 420 OF INDIAN PENAL CODE. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.04.09 11:35:23 +0530 - 2 - NC: 2025:KHC-D:5902 CRL.RP No. 100138 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.A.M. Gundawade and Sri.Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. 2. Accused who suffered an order of conviction in CC No. 631 of 2010 for the offence punishable under section 420 R/W Section 34 IPC and sentenced to undergo 3 years simple imprisonment with fine of Rs.10,000/- with default sentence and for the offence under Section 506 R/W Section 34 of IPC for 3 months simple imprisonment which got confirmed in Criminal Appeal No.240/2019 is the Revision petitioner. 3. At the outset, Sri.A.M.Gundavade, counsel for revision petitioner contended that given the scope of revisional jurisdiction, in the event, this Court upholding the order of conviction having regard to the recovery of - 3 - NC: 2025:KHC-D:5902 CRL.RP No. 100138 of 2023 the stolen articles from the custody of the bank which was pledged by the revision petitioner, petitioner being a lady, lenience may be shown by setting aside the imprisonment and enhancing the fine amount reasonably by treating the custody period already undergone as period of imprisonment. 4. Per contra, Sri.Praveena Y. Devareddiyavara, learned High Court Government Pleader opposes the said submissions on behalf of the revision petitioner. 5. Taking note of the fact that accused was in custody for a period of eight days during the investigation period and also taking note of the fact that the entire stolen articles which are gold ornaments are recovered pursuant to the voluntary statement given by the accused from the custody of the bank ; taking note of the fact that revision petitioner is a lady; taking also into consideration the fact of revision petitioner settling the dues of the bank, enhancing the fine amount in a sum of Rs.40,000/- payable in two equal installments, one on 30th April 2025 - 4 - NC: 2025:KHC-D:5902 CRL.RP No. 100138 of 2023 and another on 30th May 2025 by setting aside the jail sentence would meet the ends of justice in the peculiar facts and circumstances of the case. 6. Accordingly, the following order: ORDER (i) Revision petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence under section 420 and 506 r/w Section 34 IPC, the sentence ordered by the trial judge in the impugned judgment confirmed by the Appellate Court is modified by directing the custody period already undergone by the accused as a period of sentence by enhancing the fine amount in a sum of Rs.40,000/- payable in two equal installments , one on 30th April 2025 and second on 30th may 2025. (iii) Failure to pay the enhanced fine amount would result in restoration of the jail sentence as ordered by the trial Magistrate and confirmed by the First Appellate Court. - 5 - NC: 2025:KHC-D:5902 CRL.RP No. 100138 of 2023 (iv) Out of the fine amount recovered, sum of Rs.25,000/- is order to be paid as compensation to PW.1-Lakshmi Basavaraj Borannavar under due identification. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA List No.: 2 Sl No.: 57