- 1 - NC: 2025:KHC-D:6122 CRL.RP No. 100355 of 2023 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.100355 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: 1. SRI. BASAVARAJ S/O. BHIMAPPA MANGALAPUR, AGE: 21 YEARS, OCC. COOLIE, R/O. VALMIKI CIRCLE, BHAGYANAGAR, TQ. AND DIST. KOPPAL. 2. SRI. SHIVAKUMAR S/O. VITHOBA AKARI, AGE: 23 YEARS, OCC. COOLIE, R/O. NAVANAGAR, BHAGYANAGAR, TQ. AND DIST. KOPPAL. 3. SRI. BALAKRISHNA S/O. BALASWAMY CHITRAGAR, AGE: 24 YEARS, OCC. COOLIE, R/O. NAVANAGAR, BHAGYANAGAR, TQ. AND DIST. KOPPAL. …PETITIONERS (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY KOPPAL TOWN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397(1) R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RELEVANT RECORDS AND ALLOW THIS CRIMINAL REVISION PETITION, BY SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 22.08.2023 PASSED BY THE PRL. DISTRICT AND SESSION JUDGE, KOPPAL IN CRIMINAL APPEAL NO. 13/2018, THEREBY DISMISSING THE APPEAL FILED BY THE PETITIONER AND CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 06.03.2018 AND SENTENCE DATED 03.08.2018 PASSED BY THE CIVIL JUDGE AND CJM KOPPAL IN CC NO. 74/2016 THEREBY Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6122 CRL.RP No. 100355 of 2023 CONVICTING THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 457, 380 OF IPC. 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.Neelendra D. Gunde, learned counsel for the revision petitioner and Sri.Praveena Y. Devareddyavara, learned High Court Government Pleader for the State/respondent. 2. Revision petitioners are the accused persons in CC No.74/2016 dated 06.03.2018 who are convicted for the offences punishable under Section 457 and 380 of IPC and is sentenced as under: “Acting under section 248(2) of Cr.P.C accused persons are convicted for the offences punishable U/s 457 and 380 of IPC. The accused persons shall undergo simple imprisonment for the period of 3 years and shall also pay fine of Rs.10,000/- each for the offence committed under section 457 of IPC. I default of payment of fine accused shall undergo further simple imprisonment for the period of 2 months each. The accused persons shall undergo simple imprisonment for the period of 3 years and shall also pay fine of Rs.10,000/- each for the offence committed under section 380 of IPC. In default of payment of fine, accused shall undergo further - 3 - NC: 2025:KHC-D:6122 CRL.RP No. 100355 of 2023 simple imprisonment for the period of 2 months each. Period of detention already undergone by the accused is ordered to be set off against the sentence of imprisonment as provided under section 428 of Cr.P.C. The above imprisonments/sentences shall run concurrently.” 3. Validity of the order of conviction was upheld before the First Appellate Court in Crl.A.No.13/2018 by considered judgment dated 22.08.2022. 4. At the outset, learned counsel for the revision petitioner submits that in the event, this Court, upholding the order of conviction, taking note of the fact that revision petitioners are the first time offenders and also taking note of the custody period of eight months already undergone by them before the Trial Court which may be treated as period of imprisonment by enhancing the fine amount reasonably and sought for modification of the sentence. 5. Per contra, learned High Court Government Pleader for the State/respondent opposes the submissions - 4 - NC: 2025:KHC-D:6122 CRL.RP No. 100355 of 2023 made on behalf of the revision petitioners by contending that revision petitioners have committed theft in the school which is unpardonable and sought for dismissal of the revision petition in toto. 6. Having heard the parties in detail, this Court perused the material on record meticulously. 7. On such perusal of the material on record, it is seen that no material objects are marked on behalf of the prosecution. 8. No doubt, seizure mahazar is marked at Ex.P.7 and four photographs have been marked wherein, seized articles have been given interim custody to the owner of the stolen articles namely school. 9. Kasturibai is the complainant who is examined before the Court as P.W.3. Noting the fact that there is recovery of the drums from the custody of accused persons and the laptop said to have been burnt, there is no recovery of the stolen laptop, learned Trial Magistrate - 5 - NC: 2025:KHC-D:6122 CRL.RP No. 100355 of 2023 was justified and order of conviction for the offence punishable under Section 457 and 380 of IPC. 10. This would take this Court to next submission namely modification of the sentence. 11. Taking note of the fact that accused are the first time offenders and also taking into consideration that they have spent about eight months in the custody during the period of investigation and trial, enhancing the fine amount in a sum of Rs.25,000/- each payable by each of the accused persons for the offences punishable under Section 457 and 380 of IPC, would meet the ends of justice in the facts and circumstances of the case. 12. Accordingly, the following: ORDER i. Revision petition is allowed in part. ii. While maintaining the conviction of the revision petitioners for the offences punishable under Section 457 and 380 of IPC, custody period already undergone by - 6 - NC: 2025:KHC-D:6122 CRL.RP No. 100355 of 2023 the revision petitioners is treated as period of imprisonment by enhancing the fine amount in a sum of Rs.25,000/- payable by each of the accused persons on or before 30.05.2025. iii. Out of the fine amount recovered, sum of Rs.45,000/- is ordered to be paid as compensation to Government Higher Primary School, Bhagyanagar, Koppal. iv. Failure to make the enhanced fine amount on or before 30.05.2025, order of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. Sd/- (V.SRISHANANDA) JUDGE KAV CT:PA List No.: 2 Sl No.: 27