- 1 - NC: 2025:KHC-D:7011 CRL.RP No. 100186 of 2019 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. 100186 OF 2019 (397(Cr.PC)/438(BNSS) BETWEEN: 1. RAMESH S/O BASAPPA NADAGADDI AGE: 26 YEARS, OCC: AGRICULTURE, 2. BHIMANNA S/O BASAPPA NADAGADDI AGE: 34 YEARS, OCC: AGRICULTURE, 3. MANAVVA W/O BASAPPA NADAGADDI AGE: 58 YEARS, OCC: AGRICULTURE, 4. SIDDAPPA S/O BASAPPA NADAGADDI AGE: 35 YEARS, OCC: AGRICULTURE, 5. BASAPPA S/O SIDDAPPA NADAGADDI AGE: 67 YEARS, OCC: AGRICULTURE, 6. MANJAPPA S/O BASAPPA NADAGADDI AGE: 29 YEARS, OCC: AGRICULTURE, 7. HANMANT S/O BHIMAPPA NADAGADDI @ METI AGE: 34 YEARS, OCC: DRIVER, ALL ARE R/O NAGASAMPIGI, TQ & DIST. BAGALKOT. …PETITIONERS (BY SRI N.L.BATAKURKI, ADVOCATE) AND: THE STATE OF KARNATAKA BY ITS PSI BAGALKOT RURAL PS, REP. BY STATE PUBLIC PROSECUTOR, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7011 CRL.RP No. 100186 of 2019 HIGH COURT BUILDNG, DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/S 397(1) R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 25.06.2012 PASSED BY THE II-ADDL. DIST. & SESSIONS JUDGE, BAGALKOT, IN CRL.A.NO.70/2012 CONFIRMING THE JUDGMENT PASSED BY THE ADDL. CIVIL JUDGE & JMFC COURT, BAGALKOT, IN C.C.NO.631/2011 DATED 15.06.2012 IN RESPECT OF THE OFFENCES PUNISHABLE U/S 143 OF IPC, PETITIONERS SHALL UNDERGO SI FOR A PERIOD OF ONE MONTH AND PAY FINE OF RS.3,000/- EACH IN DEFAULT OF PAYMENT OF FINE PETITIONER SHALL UNDERGO SI FOR A PERIOD OF ONE MONTH FOR THE OFFENCES P/U/S 147 OF IPC PETITIONERS SHALL UNDERGO SI FOR A PERIOD OF THREE MONTHS AND PAY FINE OF RS.3,000/- EACH IN DEFAULT OF PAYMENT OF FINE PETITIONERS SHALL UNDERGO SI FOR A PERIOD OF 30 DAYS, FOR THE OFFENCES P/U/S 323 OF IPC PETITIONERS SHALL UNDERGO SI FOR A PERIOD OF TWO MONTHS AND PAY FINE OF RS.500/- EACH IN DEFAULT OF PAYMENT OF FINE PETITIONERS SHALL UNDERGO SI FOR A PERIOD OF 30 DAYS, FOR THE OFFENCES P/U/S 324 OF IPC PETITIONERS SHALL UNDERGO SI FOR A PERIOD OF THREE MONTHS AND PAY FINE OF RS.3,000/- EACH IN DEFAULT OF PAYMENT OF FINE PETITIONERS SHALL UNDERGO SI FOR A PERIOD OF 30 DAYS, FOR THE OFFENCES P/U/S 504 OF IPC, PETITIONERS UNDERGO SI FOR A PERIOD OF THREE MONTHS AND PAY FINE OF RS.3,000/- EACH IN DEFAULT OF PAYMENT OF FINE PETITIONERS SHALL UNDERGO SI FOR A PERIOD OF 30 DAYS AND ALSO SET ASIDE THE ORDER TO PAY COMPENSATION OF RS.20,000/- TO COMPLAINANT AND HER FATHER-IN-LAW EACH U/S 357(3) OF CR.P.C. AND IT IS MOST HUMBLY PRAYED TO ACQUIT THE PETITIONERS FOR THE ALLEGED OFFENCES. THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:7011 CRL.RP No. 100186 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Memo is filed by Sri.N.L.Batakurki, learned counsel for the revision petitioners reporting the death of accused, who are the revision petitioner Nos.2, 3 and 7. 2. Heard Sri. N.L.Batakurki, learned counsel for the revision petitioners and Sri.Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. 3. After due trial, in C.C.No.631/2011 accused have been convicted and sentenced as under: Acting U/Sec. 255(2) of Cr.P.C., all the Accused shall hereby convicted for the offence punishable U/Sec 143, 147, 323, 324, 354 and 504 of Indian Penal Code in the following terms: 1. For the offence punishable U/Sec 143 of Indian Penal Code accused No.1 to 7 shall under go Simple Imprisonment for 1 month and each accused shall liable to pay fine of. 3,000/-. In default of payment of fine each accused shall under go SI for I month. 2. For the offence punishable U/Sec 147 of Indian Penal Code each accused shall under go Simple Imprisonment for 3 months and each accused shall liable to pay fine of ₹. 3,000/- and in default of payment of fine each accused shall under Simple Imprisonment for 30 days. - 4 - NC: 2025:KHC-D:7011 CRL.RP No. 100186 of 2019 3. For the offence punishable U/Sec 323 of Indian Penal Code each accused shall undergo Simple Imprisonment for 2 months and each accused shall liable to pay fine of ₹. 500/- and in default of payment of fine each accused shall undergo Simple Imprisonment for 30 days. 4. For the offence punishable U/Sec 324 of Indian Penal Code each accused shall undergo Simple Imprisonment for 3 months and each accused shall liable to pay fine of ₹. 3,000/- and in default of payment of fine, each accused shall undergo Simple Imprisonment for 30 days. 5. For the offence punishable U/Sec 354 of Indian Penal Code each accused shall undergo Simple Imprisonment for 3 months and shall liable to pay fine of 2.3,000/- by each accused and in default of payment of fine each accused shall under go Simple Imprisonment for 30 days. 6. For the offence punishable U/Sec 504 of Indian Penal Code each accused shall under go Simple Imprisonment for 3 months and each accused shall liable to pay fine of. 3,000/- and in default of payment of fine each accused shall under go Simple Imprisonment for 30 days. Acting U/Sec 248(1) of Cr.P.C., 1 hereby acquit all accused for the offence punishable U/Sec 506 of Indian Penal Code. All these sentences shall run concurrently and all accused are entitled for the benefit of set off” 4. Sri.N.L.Batakurki, learned counsel for the revision petitioners would submit that the injured has suffered simple injury and the sentence of imprisonment may be set aside by enhancing the fine amount reasonably. Taking note of the fact that the incident has occurred on 20.01.2011 and thereafter, there is no - 5 - NC: 2025:KHC-D:7011 CRL.RP No. 100186 of 2019 complaint against the revision petitioners and it is an isolated incident. 5. Per contra, Sri.Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent- State opposes the submission made on behalf the revision petitioners. 6. In the case on hand, the simple injury has been caused to the injured person and already sum Rs.20,000/- is ordered to be paid as compensation to the complainant, who is the father-in-law of the injured namely PW.6- Siddappa Hanamappa Gangur. 7. Further, since the accused persons are the first time offenders, learned trial Judge ought to have considered the grant of probation and there is no separate opportunity granted by the trial Judge after recording an order of conviction for ordering appropriate sentence. 8. Taking note of these aspects of the matter, if the fine amount is enhanced to be paid by remaining accused in a sum of Rs.3,000/- each by setting aside the imprisonment ends of justice would be met. - 6 - NC: 2025:KHC-D:7011 CRL.RP No. 100186 of 2019 9. Accordingly, following order is passed. ORDER i. Criminal revision petition is allowed in part. ii. Pending revision petition against accused Nos.2, 3 and 7 stands dismissed as abated. However, the fine amount already deposited by them shall not be refunded. iii. Insofar as the remaining accused persons are concerned, while maintaining the conviction of the accused ordered by the learned trial Magistrate and confirmed by the First Appellate Court, sentence of imprisonment is set aside by directing remaining accused Nos.1, 4, 5 and 6 to pay enhanced fine of Rs.3,000/- on or before 31.05.2025. iv. Failure to pay the enhanced amount, order of imprisonment ordered by trial Magistrate would restored automatically. - 7 - NC: 2025:KHC-D:7011 CRL.RP No. 100186 of 2019 v. Office to return the Trial Court records along with a copy of this order for issuance of modified conviction warrant. Sd/- (V.SRISHANANDA) JUDGE AC CT:GSM List No.: 2 Sl No.: 41