- 1 - NC: 2025:KHC-D:7004 CRL.RP No. 100322 of 2017 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. 100322 OF 2017 (397(Cr.PC)/438(BNSS) BETWEEN: SHANKRAPPA S/O SIDDAPPA MAHANINGAPPANAVAR AGED ABOUT 27 YEARS, OCC: AGRICULTURE, R/O: LAKAMAPUR, TQ: DHARWAD, DIST: DHARWAD. …PETITIONER (BY SRI. SHIVAKUMAR S BADAWADAGI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH GARAG POLICE, BY SPP, HIGH COURT BUILDING, DHARWAD. …RESPONDENT (BY SRI PRAVEEAN Y. DEVAREDDIYAVARA, HCGP ) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C., SEEKING TO CALL FOR THE RECORDS AND TO SET ASIDE THE JUDGMENT DATED 06.09.2017 PASSED BY THE PRL. SESSIONS JUDGE DHARWAD IN CRIMINAL APPEAL NO. 38 OF 2017 AND ALSO THE JUDGMENT DATED 31.03.2017 PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC, DHARWAD IN C.C.NO. 869 OF 2011 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 326, 504, 506 READ WITH SECTION 149 OF IPC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7004 CRL.RP No. 100322 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Shivakumar S. Badawadagi, learned counsel for the petitioner and Sri.Praveena Y.Devareddiyavara, learned High Court Government Pleader for respondent-State. 2. At the request of learned counsel for the revision petitioner, presence of injured was secured before this Court. 3. Injured submits that accused-revision petitioner is his own village man and he is prepared to receive sum of Rs.40,000/- as compensation in lieu of the sentence of imprisonment being set aside. 4. Taking note to the fact that accused is convicted in CC No. 869/2011 and in the incident that occurred on 19.08.2011, much water has flown under the bridge and it is an isolated incident and thereafter complainant and accused are not having any enmity, if - 3 - NC: 2025:KHC-D:7004 CRL.RP No. 100322 of 2017 the conviction order is maintained and sentence of imprisonment is set aside by directing the accused to undergo simple imprisonment for a day and to pay enhanced fine of Rs.40,000/- which can be paid as compensation, ends of justice would be met. 5. Accordingly, the following order is passed: ORDER (i) Revision petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence punishable under Sections 326, 143, 147, 504 and 506 and 147 of IPC r/w Section 149 IPC, the sentence of imprisonment ordered by the trial Magistrate, confirmed by the First Appellate Court for the offence under section 326 and other offences is modified by directing the accused to undergo a simple imprisonment for a day till rising of the Court by directing to pay him the enhanced fine amount of Rs.40,000/-. - 4 - NC: 2025:KHC-D:7004 CRL.RP No. 100322 of 2017 (iii) Time is granted till 31.05.2025 for payment of the enhanced fine amount. After the receipt of the enhanced fine amount, the same may be paid as compensation to injured-PW-1 under due identification. (iv) It is made clear that if the enhanced fine amount is not paid, order of the trial Magistrate, confirmed by the First Appellate Court for the offence under Section 326 IPC stands restored automatically. Sd/- (V.SRISHANANDA) JUDGE HMB CT:GSM List No.: 2 Sl No.: 54