- 1 - NC: 2025:KHC-D:5738 CRL.RP No. 100318 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100318 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: ADIVEYYASWAMY S/O. SUKUMUNEYYA SWAMY @ DODDAYYASAWAMY HIREMATH, AGE: 67 YEARS, OCC. AGRICULTURE AND PRESEDENT OF SRI SIDDRAMESHWARA SEVA TRUST (REGD.), R/O. OLD JIRAL KALGUDI, TQ. KANAKAGIRI, DIST. KOPPAL. …PETITIONER (BY SRI D.V. PATTAR, ADVOCATE, SRI ANAND R. KOLLI, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH GANGAVATHI TOWN POLICE STATION. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 AND 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENTS AND ORDER DATED 15.07.2023 MADE IN CRL.APPEAL NO. 41/2021 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL, SITTING AT GANGAVATHI AND THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 13.09.2021 MADE IN C.C.NO. 1137/2014 PASSED BY THE PRL. CIVIL JUDGE AND J.M.F.C. GANGAVATI AND CONVICTING THE ACCUSED NO.1 HEREIN OF THE OFFENCE P/U/SECTIONS 406, 420 AND 464 OF IPC. V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 15:53:09 +0530 - 2 - NC: 2025:KHC-D:5738 CRL.RP No. 100318 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) After addressing the arguments for a considerable length of time, a memo came to be filed by counsel for the petitioner, which reads as under: “The counsel for the petitioner submits as under: In the above top noted petition this Hon’ble Court had allowed petition and the petitioner is deposited the First installment on or before 30-04-2025 a sum of Rs.2,00,000/- and Second installment of Rs.3,75,000/- on or before 31.05.2025 deposited before the trial Court. Hence this memo and same may kindly be taken on record.” 2. Placing the memo on record, the sentence ordered by the trial Magistrate, confirmed by the First Appellate Court needs to be modified as under by allowing the revision petition in part. - 3 - NC: 2025:KHC-D:5738 CRL.RP No. 100318 of 2023 3. Accordingly, the following order: ORDER 1) Criminal Revision Petition is allowed in part. 2) While maintaining the conviction of the accused for the offences punishable under Section 406, 420 and 464 IPC, sentence of imprisonment ordered by the trial Magistrate, confirmed by the First Appellate Court is modified as under: a) Revision petitioner to pay enhanced fine amount of Rs.5,75,000/- in two installments in a sum of Rs.3,00,000/- and Rs.2,75,000/- on 30.04.2025 and 31.05.2025 before the trial Court. b) Out of the fine amount sum of Rs.5,00,000/- is ordered to be paid as compensation to the Siddarameshawara Seva Trust, Jerakalgudi village, Gangavathi taluk, Koppal District under due identification. c) Balance sum of Rs.75,000/- is ordered to be appropriated towards the defraying expenses of the State. - 4 - NC: 2025:KHC-D:5738 CRL.RP No. 100318 of 2023 d) Failure to pay the amount would result in restoration of the sentence ordered by the trial Magistrate and confirmed by the First Appellate Court automatically. e) Office is directed to send the copy of this order forthwith for issue of modified conviction warrant. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 18