- 1 - NC: 2025:KHC-D:4546 CRL.RP No. 100177 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100177 OF 2017 (397(CR.PC)/438(BNSS)) BETWEEN: THE STATE OF KARNATAKA REPRESENTED BY SUB-URBAN POLICE STATION, DHARWAD. THROUGH ADDL. STATE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT DHARWAD BENCH, DHARWAD. …PETITIONER (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) AND: 1. SANTOSH FAKKIRAPPA MANE @ AANCHI AGE: 25 YEARS, R/O. LAXMI ONI, LINGARAJ NAGAR, HUBBALLI. 2. ASHOK FAKKIRAPPA MANE @ AANCHI AGE: 23 YEARS, R/O. LAXMI ONI, LINGARAJ NAGAR, HUBBALLI. 3. SMT.RENUKA FAKKIRAPPA MANE @ AANCHI AGE: 45 YEARS, R/O. LAXMI ONI, LINGARAJ NAGAR, HUBBALLI. 4. SMT.VIJAYALAXMI FAKKIRAPPA MANE @ AANCHI W/O. UMESH SALUNKI, V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.14 15:19:18 +0530 - 2 - NC: 2025:KHC-D:4546 CRL.RP No. 100177 of 2017 AGE: 20 YEARS, R/O. LAXMI ONI, LINGARAJ NAGAR, HUBBALLI. 5. SMT.KRISHNAVVA W/O. PRAHAL (AKKUBAI W/O. SAMBHAJI HAVALDAR), AGE: 47 YEARS, R/O. LAXMI ONI, LINGARAJ NAGAR, HUBBALLI. 6. PRAHALAD YALLAPPA TAHASHILDAR @ CHAVAN AGE: 50 YEARS, R/O. LAXMI ONI, LINGARAJ NAGAR, HUBBALLI. …RESPONDENTS (BY SRI M.B. GUNDAWADE, ADVOCATE AND SRI VASANTH G. HOLEYANNAVAR, ADVOCATE FOR R1-R6) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SEC. 401 OF CR.P.C., SEEKING TO CALL FOR THE RECORDS IN CRL. APPEAL NO. 52 OF 2015 AND TO ALLOW THIS CRL. REVISION PETITION AND SET ASIDE THE JUDGEMENT AND ORDER PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD IN CRL. A. NO.52 OF 2015 DATED 23.02.2017 AND ALSO THE JUDGMENT AND ORDER PASSED BY THE PRL. CIVIL JUDGE AND PRL. JMFC, IN C.C.NO.702 OF 2007 DATED 03.01.2015 AND 27.01.2015 RESPECTIVELY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:4546 CRL.RP No. 100177 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for revision petitioner/State and Sri Vasanth G. Holeyannavar learned counsel representing respondents along with Sri Abhinandan Gundawade. 2. In respect of proved offence punishable under Section 420 of IPC, learned Trial Magistrate granted benefit of probation as the respondents are first time offenders. Said sentence passed in C.C.No.702/2007 came to be challenged before the District Court by the State on the ground of inadequacy of the sentence. Learned Judge in the First Appellate Court re-appreciated the matter in Crl.A.No.52/2015. Accused/respondents also challenged their conviction in Crl.A.No.8/2015. Learned Judge in the First Appellate Court dismissed both the appeals. - 4 - NC: 2025:KHC-D:4546 CRL.RP No. 100177 of 2017 3. Accused did not challenge the order of the learned District Judge confirming the order of conviction and therefore, it has become final insofar as accused are concerned and they had probation and probation period is successfully completed. 4. State is in revision on account of inadequacy of the sentence before this Court. 5. Having heard the arguments of both the sides, this Court noticed that for the proved offence, there was no fine imposed by the learned Trial Judge and an order of only probation has been granted which has resulting in justice. Therefore, interference in the revisional jurisdiction is called for. 6. Sri Vasanth G. Holeyannavar learned counsel representing the respondents along with Sri Abhinandan Gundawade submits that the Court may impose reasonable fine having regard to the fact that the matter is now amicably settled insofar as the properties of the - 5 - NC: 2025:KHC-D:4546 CRL.RP No. 100177 of 2017 parties concerned in civil dispute and the complainant is none other than the paternal aunt and parties are enjoying their respective portions of the land after the partition. 7. Placing the submission of the respondents, this Court is of the considered opinion, imposing fine of Rs.5,000/- each payable by each of the respondents who are the accused before the Trial Court would meet the ends of justice. 8. Accordingly, following order is passed: ORDER (i) Criminal Revision petition is allowed in part. (ii) While maintaining the grant of an order of probation which has been successfully completed by the respondents in C.C.No.702/2007, each of the respondents (accused Nos.1 to 6) shall pay a fine of Rs.5,000/- on or before 15.04.2025, failing which they shall undergo simple imprisonment for a period of three months. - 6 - NC: 2025:KHC-D:4546 CRL.RP No. 100177 of 2017 (iii) The entire fine amount shall be appropriated towards the defraying expenses of the State. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 2 SL NO.: 39