GURAPPA S/O SONAPPA LAMANI v. STATE OF KARNATAKA THROUGH
CRL.RP/100136/2019 · 2025-03-25
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47428 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47428 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5494 CRL.RP No. 100136 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO.100136 OF 2019 (397(CR.PC)/438(BNSS))
BETWEEN:
1.
GURAPPA S/O. SONAPPA LAMANI, AGE: 62 YEARS, OCC. AGRICULTURE, R/O. HIREGULABAL L.T., TQ. AND DIST. BAGALKOTE.
2.
SHANKAR S/O. SONAPPA LAMANI, AGE: 52 YEARS, OCC. AGRICULTURE, R/O. HIREGULABAL L.T., TQ. AND DIST. BAGALKOTE.
3.
RAMU S/O. SONAPPA LAMANI, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. HIREGULABAL L.T., TQ. AND DIST. BAGALKOTE.
4.
SUSHILABAI W/O. GURAPPA LAMANI, AGE: 51 YEARS, OCC. AGRICULTURE, R/O. HIREGULABAL L.T., TQ. AND DIST. BAGALKOTE.
5.
GANGUBAI W/O. SHANKAR LAMANI, AGE: 42 YEARS, OCC. HOUSEHOLD WORK, R/O. HIREGULABAL L.T., TQ. AND DIST. BAGALKOTE.
6.
LAXMIBAI W/O. RAMU LAMANI, AGE: 39 YEARS, OCC. AGRICULTURE, R/O. HIREGULABAL L.T., TQ. AND DIST. BAGALKOTE.
V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:52:11 +0530
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NC: 2025:KHC-D:5494 CRL.RP No. 100136 of 2019
7.
LAXMAN S/O. GURAPPA LAMANI, AGE: 28 YEARS, OCC. AGRICULTURE, R/O. HIREGULABAL L.T., TQ. AND DIST. BAGALKOTE.
8.
SANGEETA D/O. GURAPPA LAMANI, AGE: 25 YEARS, OCC. STUDENT, R/O. HIREGULABAL L.T., TQ. AND DIST. BAGALKOTE. …PETITIONERS (BY SRI PRAKASH N. HOSAMANE, ADVOCATE)
AND:
STATE OF KARNATAKA THROUGH PSI BAGALKOTE RURAL POLICE STATION, R/BY. S.P.P. HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W.
401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED IN CRL.A.NO.48/2012 DATED 30.03.2019 BY THE COURT OF II-ADDL. DIST. & SESSIONS JUDGE, BAGALKOTE BY MODIFYING SENTENCE AND CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION PASSED BY ADDL.
CIVIL JUDGE & JMFC COURT, BAGALKOTE IN C.C.NO.674/2011 DATED 20.04.2012 FOR THE OFFENCES UNDER SECTIONS 143, 147, 148, 341, 323, 324 AND 504 R/W. SECTION 149 OF IPC AND ACQUIT THE PETITIONERS FOR THE ALLEGED OFFENCES.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:5494 CRL.RP No. 100136 of 2019
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Heard Sri.Prakash N. Hosamane, learned counsel for the revision petitioner and Sri.Praveena Y. Devareddyavara, learned High Court Government Pleader for the State/respondent.
2. At the outset, Sri.Prakash N. Hosamane,
learned counsel for the revision petitioner submits that enhanced fine amount in lieu of the order of sentence of imprisonment is already deposited by the revision petitioners but the revision petitioners are now seeking clarification only with regard to sum of Rs.10,000/- ordered by the learned Trial Magistrate as compensation to the complainant and her son. 3. The sentence passed by the Trial Court reads as under:
“Acting U/Sec.255(2) of Cr.P.C. I hereby convict the accused No.1 to 8 for the offences punishable U/Sec.
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NC: 2025:KHC-D:5494 CRL.RP No. 100136 of 2019
143, 147, 148, 341, 323, 324. and 504 R/w Sec. 149 of Indian Penal Code in the following terms. For the offence punishable U/Sec.143 of Indian Penal Code, each accused shall undergo simple imprisonment for two months and each accused shall liable to pay fine of Rs.3,000/-. In default of payment of fine, each accused shall undergo simple imprisonment for thirty days. For the offence punishable U/Sec.147 of Indian Penal Code, each accused shall undergo simple imprisonment for six months and each accused shall liable to pay fine of Rs.3,000/-. In default of payment of fine, each accused shall undergo simple imprisonment for thirty days. For the offence punishable U/Sec.148 of Indian Penal Code, each accused shall undergo simple imprisonment for six months and each accused shall liable to pay fine of Rs.3,000/-. In default of payment of fine, each accused shall undergo simple imprisonment for thirty days. For the offence punishable U/Sec.341 of Indian Penal Code, each accused shall undergo simple imprisonment for fifteen days and each accused shall liable to pay fine of Rs.500/-. In default of payment of fine, each accused shall undergo simple imprisonment for fifteen days. - 5 -
NC: 2025:KHC-D:5494 CRL.RP No. 100136 of 2019
For the offence punishable U/Sec.323 of Indian Penal Code, each accused shall undergo simple imprisonment for three months and each accused shall liable to pay fine of Rs. 1,000/-. In default of payment of fine, each accused shall undergo simple imprisonment for thirty days. For the offence punishable U/Sec.324 of Indian Penal Code, each accused shall undergo simple imprisonment for six months and each accused shall liable to pay fine of Rs.3,000/-. In default of payment of fine, each accused shall undergo simple imprisonment for thirty days.
For the offence punishable U/Sec.504 of Indian Penal Code, each accused shall undergo Simple imprisonment for six months and each accused shall liable to pay fine of Rs.3,000/-. In default of payment of fine, each accused shall undergo simple imprisonment for thirty days. All sentences shall run concurrently. Office is hereby directed to pay half of the, fine amount to complainant and her son to be deposited by accused No.1 to 8 and forfeit the balance fine amount to the State towards expenditure incurred by the prosecution. As per provision of Sec.357(3) of Cr.P.C. the complainant and her son are entitled for compensation amount of Rs. 10,000/- each, from the accused persons. - 6 -
NC: 2025:KHC-D:5494 CRL.RP No. 100136 of 2019
Office to furnish certified copy of judgment to the accused No.1 to 8 at free of cost.”
4. Last portion of the sentence passed by the Trial Court namely with regard to compensation when considered in the light of the arguments put forth on behalf of the revision petitioner, a clarification is necessary. 5. Therefore, it is hereby clarified that amount of compensation ordered by the learned Trial Magistrate payable by the revision petitioner is Rs.10,000/- to the complainant and another sum of Rs.10,000/- to her son. 6. With that clarification, revision petition stands
disposed of. SD/- (V.SRISHANANDA) JUDGE
KAV CT:PA LIST NO.: 2 SL NO.: 41