- 1 - NC: 2025:KHC-D:6330 CRL.RP No. 100014 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100014 OF 2019 (397(Cr.PC)/438(BNSS)) BETWEEN: 1. MURTHY @ MURTHEPPA S/O. GANGAPPA, AGE: 36 YEARS, OCC. AGRICULTURIST, 2. M.THAYAPPA S/O. CHINNAPPA, AGE: 40 YEARS, OCC. TRACTOR DRIVER, 3. THIMAPPA S/O. HANUMANTHAPPA, AGED ABOUT 59 YEARS, OCC. AGRICULTURIST, ALL ARE R/O. GARAGA VILLAGE, HOSAPETE TALUKA, DIST. BALLARI. …PETITIONERS (BY SRI. B.G. INDI, ADVOCATE FOR SRI. K.L. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HOSAPETE RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …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 CALL FOR THE RECORDS AND ALLOW THIS PETITION AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 16.10.2018 PASSED BY THE III-ADDL. DIST. & SESSIONS JUDGE, BALLARI, SITTING AT HOSAPETE, IN CRL.A.NO.5010/2017, FOR THE OFFENCES PUNISHABLE UNDER SECTION 420 R/W. 149 OF IPC. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.24 14:32:22 +0530 - 2 - NC: 2025:KHC-D:6330 CRL.RP No. 100014 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.B.G.Indi, learned counsel for Sri.K.L.Patil for the revision petitioner and Sri. Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. 2. Revision petitioners are the accused Nos.1 to 3 in C.C.No.500/2011 who suffered an order of conviction for the offence under Section 420 r/w Section 149 of IPC and ordered to undergo simple imprisonment for three years and fine of Rs.10,000/- each which was confirmed in Crl.A.Nos.5010/2017. 3. Facts in nutshell for disposal of the revision petition are as under: 3.1 A complaint came be lodged with Rural Police Station, Hospete alleging that accused Nos.1 to 3 and 5 along with deceased accused No.4 formed a gang and hatched a plan to earn the money illegally by cheating the - 3 - NC: 2025:KHC-D:6330 CRL.RP No. 100014 of 2019 innocent public. As per the plan, they informed the complainant who was at Gadwal in Andra Pradesh State through mobile telephone and told him that while digging the land they have unearthed wealth (gold biscuits) and they offer to sell the same to the complainant for a lower price. 3.2 Based on such call on 12.01.2011 about 1.30 p.m. complainant came to the place where the accused persons were there near HLC canal bed. At that juncture two gold pieces were handed over to the complainant. They told that the genuineness of the gold pieces may be tested with a goldsmith. Taking those two gold pieces, complainant went to Hyderabad and got tested and found that the gold pieces handed over by the petitioners were the real gold pieces. 3.3 Complainant believed the version of the accused. Again on 16.01.2011, complainant was called by the accused persons stating that they have got many such gold pieces and they are prepared to sell it to the complainant. - 4 - NC: 2025:KHC-D:6330 CRL.RP No. 100014 of 2019 3.4 Believing the words of the accused persons, complainant and charge sheet witnesses No.6 to 8 came to Hospete at about 1.30 p.m. on 16.01.2011 near Dharwad check post they met accused persons near the HLC canal bed. At that juncture, deceased accused No.4 brought duplicate gold pieces weighting more than 1 Kg and handed over the same to the complainant. Complainant in return paid a sum of Rs.10,00,000/- to the accused persons. 3.5 Complainant and others took the said gold and went to Hyderabad and they got tested the gold pieces with the goldsmith and they were shocked to know that what has been handed over is nothing but brass pieces. Thereby accused persons cheated the complainant and others. Based on said complaint, thorough investigation was conducted and charge sheet came to be filed against the accused persons. 3.6 After due trial accused Nos.1, 3 and 5 were convicted for the offence punishable under Section 420 - 5 - NC: 2025:KHC-D:6330 CRL.RP No. 100014 of 2019 R/W Section 149 of IPC and sentenced to undergo simple imprisonment for three years and pay fine of Rs.10,000/- each. 3.7 Being aggrieved by the same, present petitioners filed appeal in Crl.A.No.5010/2017, whereas accused No.5 filed a separate appeal in Crl.A.No.5009/2017. 3.8 Learned judge in the First Appellate Court after securing the records, heard the arguments of the parties in detail and by considered judgment dated 16.10.2018 dismissed both the appeals. Thereafter, petitioners are before this Court. 4. Sri.B.G.Indi, learned counsel for the revision petitioners reiterated the grounds urged in the revision petition and vehemently contended that the police have foisted a false case against the petitioners in utter collusion with the complainant as there is no nexus between the seized cash and the present petitioners and thus sought for allowing the revision petition. - 6 - NC: 2025:KHC-D:6330 CRL.RP No. 100014 of 2019 5. Per contra, learned HCGP supported the impugned judgments. 6. Having heard the arguments of both sides, this Court has perused the material on record with the limited scope of revisional jurisdiction. 7. On such perusal of the material on record, there is no dispute as to the handing over of the cash Rs.10,00,000/- by the complainant to the hands of accused persons in lieu of taking 1Kg duplicate gold pieces which is found in M.O.2-photograph. 8. Recovery of the cash of Rs.2,69,500/- which is marked as M.O.1 in the case corroborates the oral testimony of prosecution witnesses and there is no explanation offered to the accused for holding such cash. Balance amount has already been misappropriated by the accused persons as could be seen from the material on record. 9. Recovery of the duplicate gold pieces and cash completes the offence in the case on hand. Admittedly, complainant is a stranger to the accused persons and - 7 - NC: 2025:KHC-D:6330 CRL.RP No. 100014 of 2019 foisting the false case against the accused persons therefore is doubtful. 10. Admittedly, the material evidence on record would go to show that on first look with the necked eyes, M.O.2 appears to be gold pieces. 11. Further, earlier to recovery of M.O.2, two original gold pieces were handed over by the accused to make the complainant to believe the version told by the accused that they got this wealth while digging the land. Being lured by the handing over of original gold pieces by the accused persons which got confirmed by the complainant at Hyderabad, he was made to pay a sum of Rs.10,00,000/- for one Kilogram duplicate gold pieces. 12. These factors have been established by placing cogent and convincing evidence on record. Same has been rightly appreciated by the learned trial Magistrate while recording the conviction of the accused for the offence under Section 420 IPC inasmuch as there is a wrongful loss caused to the complainant and wrongful gain to the accused persons. - 8 - NC: 2025:KHC-D:6330 CRL.RP No. 100014 of 2019 13. Learned judge in the First Appellate Court rightly re-appreciated the material evidence on record while upholding the order of conviction. 14. Accordingly taking note of the above attendant facts and circumstances, having regard to the limited revisional powers, this Court is of the considered opinion that order of conviction and sentence needs no interference in this revision petition. 15. Accordingly, following order: ORDER (i) Revision Petition is merit less and is hereby dismissed. (ii) Accused Nos.1 to 3/revision petitioners are given time to surrender before the trial Court till 30.04.2025 to serve the remaining part of the sentence. - 9 - NC: 2025:KHC-D:6330 CRL.RP No. 100014 of 2019 (iii) Office is directed to return the trial Court records along with copy of this order forthwith. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA List No.: 2 Sl No.: 15