- 1 - NC: 2025:KHC-D:5741 CRL.RP No. 100071 of 2017 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.100071 OF 2017 (397(CR.PC)/438(BNSS)) BETWEEN: RAJASHEKHAR RAJOOR S/O. SIDDAPPA, AGE: 44 YEARS, OCC. PIGMY COLLECTOR, R/O. DEVANGA PET, HOSAPETE TQ., BALLARI DISTRICT. …PETITIONER (BY SRI J.BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA TOWN POLICE STATION, HOSAPETE) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C., SEEKING TO CALL FOR THE RECORDS IN CRL. APL. NO.35/2013 ON THE FILE OF III ADDL. DIST. AND SESSIONS JUDGE, BALLARI (SITTING AT HOSAPETE) AND THE RECORDS IN C.C.NO.59/2011 ON THE FILE PRL. SENIOR CIVIL JUDGE & JMFC, HOSPET, ALLOW THIS REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED BY THE III ADDL. DIST. AND SESSIONS JUDGE, BALLARI (SITTING AT HOSAPETE) IN CRL. APL. NO.35/2013 DATED 6.10.2016 AND THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, HOSPET IN C.C.NO.59/2011 DATED 29.1.2013 UNDER SECTIONS 419, 420, 468, 471 R/W. 34 OF IPC AND SET THE PETITIONERS AT LIBERTY. V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 15:51:47 +0530 - 2 - NC: 2025:KHC-D:5741 CRL.RP No. 100071 of 2017 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.J.Basavaraj, learned counsel for the petitioner and Sri.Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. 2. At the outset, Sri.J.Bavaraj, counsel places the copy of the order passed by the co-ordinate Bench of this Court in Crl.R.P.No100284/2016 and connected matter dated 12.06.2017 and submits that matter can be disposed of by compounding the offences with the permission of the Court and accused be acquitted. 3. However, complainant being absent and learned High Court Government Pleader submits that there is no further instruction and petitioner did not avail the opportunity of getting the case compounded along with other accused in Crl.R.P.No.100284/2016, such a privilege cannot be granted to the present petitioner. - 3 - NC: 2025:KHC-D:5741 CRL.RP No. 100071 of 2017 4. Taking note of the fact that in respect of the remaining accused, a Coordinate Bench of this Court has already permitted the complainant to compound the offences in the above referred criminal petitions, this Court is of the considered opinion that even in the absence of the complainant being willing to compound the offences, order of imprisonment if set aside by directing the accused to pay enhanced fine amount of Rs.50,000/- would meet the ends of justice, taking note of the peculiar facts and circumstances of the case. 5. Accordingly, the following order: ORDER (i) Criminal petition is allowed in part. (ii)While maintaining the conviction of the accused for the offence under Sections 420 and 406 of IPC, the sentence of imprisonment ordered by the trial Magistrate and confirmed by the First Appellate Court is hereby set aside on the condition that revision petitioner shall pay a sum of Rs.50,000/- as enhanced fine on or before 30.04.2025. - 4 - NC: 2025:KHC-D:5741 CRL.RP No. 100071 of 2017 (iii) Failure to pay the enhanced fine amount would automatically result in the imprisonment period ordered by the trial Magistrate and confirmed by the First Appellate Court. (iv) Out of the enhanced fine amount recovered, entire enhanced fine amount be paid as compensation to the complainant under due identification. (v) Office is directed to return the trial Court records with copy of this order forthwith. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 1