- 1 - NC: 2025:KHC-D:6172 CRL.RP No. 100041 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100041 OF 2019 (397(CR.PC)/438(BNSS)) BETWEEN: KIRAN RAMANATH RAIKAR S/O. RAMANATH RAIKAR, AGE: 43 YEARS, GOLDSMITH, R/O: NEAR GEETANJALI TAKIES, TQ: KARWAR, DIST: UTTARA KANNADA-581301. …PETITIONER (BY SRI. LAXMESH P. MUTAGUPPI, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580022. THROUGH SIRSI TOWN POLICE STATION, TQ: SIRSI, DIST: UTTARA KANNADA-581401, …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 30.08.2018 IN CRL.A.NO.137/2013 PASSED BY THE I-ADDL. DIST. & SESSIONS JUDGE, U.K., KARWAR SITTING AT SIRSI, CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 12.07.2013 PASSED BY THE I-ADDL. JMFC COURT, SIRSI IN C.C.NO.915/2010 IN RESPECT OF OFFENCES PUNISHABLE UNDER SECTION 448, 324, 504 & 506 OF IPC AND THE PETITIONER BE ACQUITTED. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6172 CRL.RP No. 100041 of 2019 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Laxmesh P. Mutaguppi, learned counsel for revision petitioner and Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent. 2. Revision petitioner is the accused, who suffered an order of conviction in C.C. No.915/2010 and sentenced as under: “Accused is hereby sentenced to undergo simple imprisonment for a period of one month for the offence punishable U/Secs. 448 of I.P.C. and he shall pay a fine of Rs.1,000/- for the said offence. Indefault of payment of fine he shall undergo simple imprisonment for one month. Accused is hereby sentenced to undergo simple imprisonment for a period of three months for the offence punishable U/Secs. 324 of I.P.C. and he shall pay a fine Rs.3,000/- for the said offence. Indefault of payment of fine he - 3 - NC: 2025:KHC-D:6172 CRL.RP No. 100041 of 2019 shall undergo simple imprisonment for one month. Accused is hereby sentenced to undergo simple imprisonment for a period of one month for the offence punishable U/Secs. 504 of I.P.C. and he shall pay a fine of Rs.1,000/- for the said offence. Indefault of payment of fine he shall undergo simple imprisonment for one month. Accused is hereby sentenced to undergo simple imprisonment for a period of one month for the offence punishable U/Secs. 506 of I.P.C. and he shall pay a fine of Rs.1,000/- for the said offence. Indefault of payment of fine he shall undergo simple imprisonment for one month. The sentence of imprisonment shall run concurrently. Out of fine amount of Rs.6,000/- a sum of Rs.5,000/- shall be paid to P.W.1 as compensation U/Sec. 357(1) of Cr.P.C.” 3. Order of conviction and sentence got confirmed in Crl.A.No.137/2013. Thereafter, the petitioner is before this Court. - 4 - NC: 2025:KHC-D:6172 CRL.RP No. 100041 of 2019 4. Having heard the arguments of both sides, this Court is of the considered opinion that accused-revision petitioner being the first time offender was entitled for an order of grant of probation. However, learned Trial Judge did not bestow his attention on the question of granting probation. 5. However, at this distance of time, if the matter is remitted to the Trial Court for obtaining the report from the Probation Officer, it would only result in futile exercise as the incident is of the year 2010. 6. Accordingly, by enhancing the fine amount in a sum of Rs.25,000/- in respect of all the offences and sentence of imprisonment ordered by the Trial Magistrate confirmed by the First Appellate Court if set aside would meet the ends of justice. 7. Portion of the said enhanced fine amount can also be paid as compensation to the injured-PW-1 Sachin - 5 - NC: 2025:KHC-D:6172 CRL.RP No. 100041 of 2019 Raghunath Kowshika as compensation which would better serve the ends of justice. 8. Accordingly, following order is passed. ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence under Sections 448, 324, 504, 506 of the IPC, the sentence of imprisonment ordered by Trial Magistrate confirmed by the First Appellate Court is set aside by directing the revision petitioner to pay the enhanced fine amount of Rs.25,000/- in respect of all offences. (iii) Failure to pay the enhanced fine amount would automatically result in restoration of the sentence ordered by the Trial Magistrate confirmed by the First Appellate Court. (iv) Time is granted till 15.05.2025 to deposit the enhanced fine amount. (v) Out of the enhanced fine amount, a sum of Rs.20,000/- is ordered to be paid as - 6 - NC: 2025:KHC-D:6172 CRL.RP No. 100041 of 2019 compensation to PW-1 under due identification Office is directed to return the Trial Court records with a copy of this order forthwith for issuing the modified conviction warrant. Sd/- (V.SRISHANANDA) JUDGE NAA CT-CMU LIST NO.: 2 SL NO.: 53