- 1 - NC: 2025:KHC-D:5405 CRL.RP No. 100140 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100140 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: MOHAMMAD HANIFA SHAIKH S/O. SCHOOL ABDUL RAZAK TALIBA, AGED ABOUT 49 YEARS, JAIL ROAD, N.R PURA, CHIKMANGALURU-577134. …PETITIONER (BY SRI SUNILKUMAR P. BANGARI, ADVOCATE) AND: STATE OF KARNATAKA BHATKAL RURAL POLICE, BHATKAL-581320, (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. NOTE. IN CRIMINAL APPEAL NO. 57/2007 THE RESPONDENT POLICE NAME IS NOT MENTIONED AND THE RESPONDENT POIICE IS BHATKAL RURAL POLICE. …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 CALL FOR RECORDS OF THE COURT BELOW PERUSE THE SAME SET ASIDE THE JUDGMENT AND ORDER DATED 07.08.2021 PASSED IN CRIMINAL APPEAL NO. 57/2007 ON THE FILE OF THE HON’BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR AND CONSEQUENTLY AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCES DATED 01.03.2007 PASSED IN CC NO. 358/2005 ON THE FILE OF THE JMFC BHATKAL AND CONSEQUENTLY ACQUIT THE PETITIONER FROM OFFENCES PUNISHABLE UNDER SECTIONS 498(A) AND 506 OF IPC BY ALLOWING THIS CRIMINAL REVISION PETITION AND HE MAY BE SET AT LIBERTY. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:52:21 +0530 - 2 - NC: 2025:KHC-D:5405 CRL.RP No. 100140 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Both the parties are present with their respective Advocates. 2. Taking note of the fact that accused has been convicted for the offence punishable under Section 498A and 506 of IPC, which was confirmed by the First Appellate Court, further, taking note of the fact that victim is remarried, presence of the victim was secured before the Court. 3. Victim is agreeable to take reasonable amount of compensation in lieu of setting aside the imprisonment period of two years ordered by the learned Trial Magistrate confirmed by the First Appellate Court. 4. Following the principles of law enunciated in the case of Ramgopal and another v. State of Madhya Pradesh reported in (2022) 14 SCC 531 noting the fact - 3 - NC: 2025:KHC-D:5405 CRL.RP No. 100140 of 2023 that lis is privy to the parties, order recorded by the learned Trial Magistrate confirmed by the First Appellate Court needs to be modified by directing the revision petitioner to pay enhanced fine amount which could be paid as compensation to the victim. 5. Accordingly, in this regard, a memo came to be filed by learned counsel for the petitioner. Memo reads as under: “The counsel appearing for the petitioner most respectfully submits that, the petitioner is ready to pay the enhanced compensation amount of Rs.50,000/- if the reasonable time is granted. Hence, prays to accept the same and the memo may kindly be pleased taken on record in the interest of justice and equity.” 6. Placing the memo on record, following: ORDER i. Revision petition is allowed in part. ii. While maintaining the conviction of the revision petitioner passed by the learned Trial Magistrate confirmed by the First Appellate Court for the offences punishable under Section 498A and - 4 - NC: 2025:KHC-D:5405 CRL.RP No. 100140 of 2023 506 of IPC, custody period of nine days undergone by the revision petitioner is treated as period of imprisonment for the aforesaid offences by enhancing the fine amount in a sum of Rs.50,000/-. iii. Remaining period of sentence stands set aside. iv. Time is granted to pay the enhanced fine amount till 30.04.2025. v. Failure to deposit the enhanced fine amount on or before 30.04.2025 would result in automatic restoration of the order passed by the learned Trial Magistrate confirmed by the First Appellate Court. vi. After deposit of the enhanced fine amount, entire fine amount of Rs.50,000/- is ordered to be paid as compensation to P.W.1 – Sayeed Nusrath under due identification. vii. Office is directed to return the Trial Court Records with copy of this order forthwith for issuing modified conviction warrant. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA List No.: 2 Sl No.: 60