- 1 - NC: 2025:KHC-D:6991 CRL.RP No. 100347 of 2023 C/W CRL.RP No. 100324 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100347 OF 2023 (397(Cr.PC)/438(BNSS)-) C/W CRIMINAL REVISION PETITION NO. 100324 OF 2023 INCRIMINAL REVISION PETITION NO. 100347 OF 2023 BETWEEN: PRASHANT S/O BALAKRISHNA BADIGER AGE. 37 YEARS, OCC. ELECTRONIC ENGINEER, R/O. LAXMINAGAR,RAMDURGA, DIST. BELAGAVI. …PETITIONER (BY SRI K.M. SHIRALLI, ADVOCATE) AND: STATE OF KARNATAKA BY VIDYAGIRI POLICE STATION, R/BY PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA BENCH, DHARWAD. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS OF CC NO.320/2009 ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND CJM DHARWAD AND RECORDS OF CRIMINAL APPEAL NO.91/2021 FROM THE III ADDL. DISTRICT AND SESSIONS AND SPECIAL COURT DHARWAD AND SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 27.11.2021 IN C.C NO.320/2009, PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND CJM DHARWAD AND SET ASIDE THE JUDGMENT DATED 27.07.2023 U/S 419, 420, 465, 468, 471 R/W SEC. 34 OF IPC PASSED IN CRIMINAL APPEAL NO.91/2021 BY THE III ADDL. DISTRICT AND SESSIONS COURT DHARWAD, CONFIRMING THE JUDGMENT OF CONVICTION OF TRIAL COURT AND ACQUIT PETITIONER/ACCUSED NO.1 HEREIN. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6991 CRL.RP No. 100347 of 2023 C/W CRL.RP No. 100324 of 2023 IN CRIMINAL REVISION PETITION NO. 100324 OF 2023 BETWEEN: JAFAR KHAN S/O AMEER KHAN TADAKOD, AGE. 36 YEARS, OCC. AGRICULTURIST AND BUSINESS, R/O. 2ND CROSS, SADANAKERI, TQ. AND DIST. DHARWAD-580007. …PETITIONER (BY SRI K.L.PATIL, ADVOCATE) AND: STATE OF KARNATAKA THROUGH VIDYAGIRI POLICE STATIOIN, DHARWAD-580004 NOW.R/P BY, THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH AT DHARWAD. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND ALLOW THIS REVISION PETITION FILED BY THE PETITIONER/ACCUSED No.2 AND SET ASIDE THE JUDGMENT AND ORDER DATED 27.07.2023 PASSED IN CRIMINAL APPEAL NO. 88/2021 BY THE LEARNED III ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE, DHARWAD, AND ALSO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND ORDER ON SENTENCE DATED 27.11.2021 PASSED IN C.C.NO.320/2009 BY THE LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, COURT, DHARWAD FOR THE OFFENCE PUNISHABLE UNDER SECTION 419, 420, 465, 468, 471 R/W. SECTION 34 OF IPC AND THEREBY ACQUIT THE PETITIONER/ACCUSED NO.2. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:6991 CRL.RP No. 100347 of 2023 C/W CRL.RP No. 100324 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri K.M. Shiralli, learned counsel for revision petitioner in Crl.R.P.No.100347/2023 and Sri K.L. Patil, learned counsel for revision petitioner in Crl.R.P. No.100324/2023 and Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent. 2. These two revision petitions are filed by accused Nos.1 and 2 respectively challenging the order of conviction passed in C.C. No.320/2009 confirmed in Crl.A.No.91/2021 for the offence punishable under Section 419, 420, 465, 468 and 471 read with section 34 of IPC. Sentence ordered by the Trial Magistrate confirmed by the First Appellate Court reads as under: “Acting under section 248(2) of Cr. P.C.. the accused No. 1 and 2 are convicted for the offences punishable under section 419, 420. 465, 468, 471 R/W section 34 of IPC. The accused No. 1 and 2 shall under go simple imprisonment for a period of six month and pay fine of Rs. 1000/- each for the offence punishable under section 419 R/W section 34 of IPC.. In default of payment of fine amount they shall under go simple imprisonment of a period of 1 month. - 4 - NC: 2025:KHC-D:6991 CRL.RP No. 100347 of 2023 C/W CRL.RP No. 100324 of 2023 The accused No. 1 and 2 shall under go simple imprisonment for a period of six month and pay fine of Rs. 1000/- each for the offence punishable under section 420 R/w section 34 of IPC,. In default of payment of fine amount they shall under go simple imprisonment of a period of 1 month. The accused No. 1 and 2 shall under go simple imprisonment for a period of six month and pay fine of Rs. 1000/- each for the offence punishable under section 465_R/w section 34 of IPC,. In default of payment of fine amount they shall under go simple imprisonment of a period of 1 month. The accused No. 1 and 2 shall under go simple imprisonment for a period of six month and pay fine of Rs. 1000/- each for the offence punishable under section 468 R/w of IPC.. In default of payment of section 34 of fine amount they shall under go simple imprisonment of a period of 1 month. The accused No. 1 and 2 shall under go simple imprisonment for a period of six month and pay fine of Rs. 1000/- each for the offence punishable under section 471 R/W section 34 of IPC.. In default of payment of fine amount they shall under go simple imprisonment of a period of 1 month. All the sentences shall run concurrently. The accused are entitled for the benefit of set off as per section 428 of Cr.P.C. The period of J.C., of the accused if any during investigation and trial, shall be given set off against the total period of conviction.” 3. At the outset Sri K.M. Shiralli and Sri K.L. Patil would submit that in a similar set of circumstances, this Court in Crl.R.P.No.1428/2021 has set aside the order of imprisonment and enhanced the fine amount in a sum of - 5 - NC: 2025:KHC-D:6991 CRL.RP No. 100347 of 2023 C/W CRL.RP No. 100324 of 2023 Rs.75,000/- by a considered judgment dated 23.07.2024 on the file of the Principal Bench, Karnataka High Court Bengaluru. 4. They would further submit that similar relief can be accorded to the revision petitioners as well taking note of the fact that revision petitioners are now grown up in their age and they are family persons. 5. They also submit that the incident is an isolated incident and thereafter they have led a proper life post incident without giving room for any of the criminal activities. Therefore sought for allowing the revision petitioners as referred to supra to such an extent. 6. Per contra, Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader proposes the grounds urged in the revision petition as well as the submissions made on behalf of the petitioners. 7. Taking note of the fact of these two petitioners impersonating the real candidates in the examination - 6 - NC: 2025:KHC-D:6991 CRL.RP No. 100347 of 2023 C/W CRL.RP No. 100324 of 2023 having been established and taking note of the fact that it is an isolated incident; they have not indulged in any such criminal activities subsequent to the incident that is complained in the case of hand; also taking note of the fact that they are now grown up in their age and family persons, having family to maintain, this Court is of the considered opinion that the discretionary power vested in this Court can be exercised by this Court by setting aside the imprisonment and ordering fine of Rs.75,000/- each payable by the revision petitioners as enhanced fine amount on or before 31.05.2025. 8. Accordingly, the following order is passed. ORDER (i) Criminal Revision Petitions are allowed in part. (ii) While maintaining the conviction of the revision petitioners for the offences punishable under 419, 420, 465, 468 and 471 read with Section 34 of IPC, the sentence ordered by the Trial Magistrate - 7 - NC: 2025:KHC-D:6991 CRL.RP No. 100347 of 2023 C/W CRL.RP No. 100324 of 2023 confirmed by the First Appellate Court is modified by directing the petitioners to undergo simple imprisonment for the day and to pay fine of Rs.75,000/- for all the aforesaid offences inclusive of the fine amount already imposed by the Trial Court on or before 31.05.2025. (iii) Failure to pay the enhanced fine amount would automatically result in the imprisonment as ordered by the Trial Magistrate confirmed by the First Appellate Court. Office is directed to return the Trial Court records with a copy of this order forthwith for issuing the modified conviction order. SD/- (V.SRISHANANDA) JUDGE NAA CT:GSM List No.: 2 Sl No.: 14