- 1 - NC: 2025:KHC-D:5493 CRL.RP No. 100061 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.100061 OF 2019 (397(CR.PC)/438(BNSS)) BETWEEN: ANANDAPPA HANUMANTAPPA GANGOLLI AGE: 42 YEARS, OCC. COOLIE, R/O. GODACHIKONDA, TQ. HIREKERUR, DIST. HAVERI. …PETITIONER (BY SRI A.M. GUNDAWADE, ADVOCATE) AND: STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH HIREKERUR POLICE. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C. 1973, SEEKING TO CALL FOR THE RECORDS AND TO ALLOW THE PRESENT REVISION PETITION AND SET ASIDE JUDGMENT OF CONVICTION DATED 02.07.2015 AND ORDER OF SENTENCE DATED 13.07.2015 PASSED BY SENIOR CIVIL JUDGE & JMFC COURT, HIREKERUR IN C.C.NO.56/2013 AND JUDGMENT OF CONFIRMATION OF CONVICTION PASSED BY THE II-ADDL. DIST. & SESSIONS JUDGE, HAVERI, (SITTING AT RANEBENNUR), IN CRL.A.NO.64/2015 AND TO ACQUIT THE PETITIONER/ACCUSED NO.2 FROM CHARGES U/SECTIONS 323, 324 & 506 OF IPC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:50:39 +0530 - 2 - NC: 2025:KHC-D:5493 CRL.RP No. 100061 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.A.M.Gundawade, learned counsel for the revision petitioner and Sri.Praveena Y. Devareddyavara, learned High Court Government Pleader for the State/respondent. 2. 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 oral testimony of the injured witnesses and injuries mentioned in Ex.P.3, since the accused is a first time offender and even after acquittal of the earlier case and no report is received from the Probation Officer, learned Trial Judge failed to extend the benefit of beneficial piece of legislation of Probation of Offenders Act and learned Judge in the First Appellate Court mechanically up held the order of sentence resulting in miscarriage of justice and suitable orders be passed. - 3 - NC: 2025:KHC-D:5493 CRL.RP No. 100061 of 2019 3. Per contra, Sri.Praveena Y. Devareddyavara, learned High Court Government Pleader for the State/respondent supports the impugned judgments. 4. Having heard the arguments of both sides, this Court perused the material on record meticulously. 5. On such perusal of the material on record, conviction of the accused for the offence punishable under Section 323, 324 and 506 of IPC, needs no interference in the limited scope of revisional jurisdiction. 6. However, there is sufficient force in the argument putforth on behalf of the revision petitioner by learned counsel for the revision petitioner that learned Trial Judge ought not have denied the benefit of probation for the petitioner as admittedly report of the Probation Officer contained that there were two earlier cases of which one case ended in acquittal and in another case, there was no proper report by the Probation Officer. - 4 - NC: 2025:KHC-D:5493 CRL.RP No. 100061 of 2019 7. Taking note of the same, enhancing the fine amount in a sum of Rs.10,000/- payable by the revision petitioner, order of sentence imposed by the learned Trial Judge for a period of six months simple imprisonment for the offence punishable under Section 324 IPC needs to be set aside. 8. Accordingly, the following: ORDER i. Criminal Revision petition is allowed in part. ii. While maintaining the conviction of the accused for the offence punishable under Section 323, 324, 506 of IPC, sentence of imprisonment ordered by the learned Trial Judge confirmed by the First Appellate Court is set aside by directing the revision petitioner to pay enhanced fine of Rs.10,000/- on or before 30.04.2025. - 5 - NC: 2025:KHC-D:5493 CRL.RP No. 100061 of 2019 iii. Entire of fine of Rs.10,000/- is ordered to be paid as compensation to P.W.1 and 4 in a sum of Rs.5,000/- each under due identification. iv. Failure to pay the enhanced fine amount would result in automatic restoration of the sentence ordered by the learned Trial Judge confirmed by the First Appellate Court. v. Office is directed to return the Trial Court Records with copy of this order forthwith. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 2 SL NO.: 39