- 1 - NC: 2025:KHC-D:7076 CRL.RP No. 100315 of 2019 C/W CRL.RP No. 100316 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100315 OF 2019 (397(Cr.PC)/438(BNSS) C/W CRIMINAL REVISION PETITION NO. 100316 OF 2019 IN CRIMINAL REVISION PETITION NO. 100315 OF 2019 BETWEEN: SHRI.SHIDDAPPA LAXMAN MUKANNAVAR, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: UDAGATTI, TQ: GOKAK, DIST: BELAGAVI. …PETITIONER (BY SRI BAHUBALI.N.KANABARGI, ADVOCATE) AND: STATE OF KARNATAKA PSI KULGOD, P.S., REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNARAKA, DHARWAD. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR THE RECORDS OF THE ADDL. CIVIL JUDGE AND JMFC COURT, GOKAK IN C.C. NO.1857/2010 DATED 02.03.2019, THE PETITIONER / ACCUSED BEGS TO PREFER THIS REV. PETITION BE CALLED FOR RECORDS TO ASCERTAIN THE CORRECTNESS AND LEGALITY AND PROPRIETY OF THE FINDING AND SET ASIDE THE ORDER PASSED BY THE TRIAL COURT AND TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 02.03.2019, PASSED BY THE ADDL. CIVIL JUDGE AND JMFC COURT, GOKAK IN C.C. NO.1857/2010 CONVICTED THE ACCUSED PERSON FOR THE OFFENCES U/SEC.504, 506 WHICH HAD BEEN PARTLY Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7076 CRL.RP No. 100315 of 2019 C/W CRL.RP No. 100316 of 2019 CONFIRMED BY THE XII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT GOKAK IN CRL. APPEAL NO.108/2019 DATED 08.11.2019 & MODIFIED THE JUDGMENT AND CONVICTED THE ACCUSED PERSON IN RESPECT OF OFFENCES U/SEC.506 ONLY AND THE PRESENT APPELLANT BE ACQUITTED FROM THE CHARGES. IN CRIMINAL REVISION PETITION NO. 100316 OF 2019 BETWEEN: 1. KAMAPPA SIDDAPPA BAGI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O UDDAGATTI VILLAGE, TQ. GOKAK, DIST. BELAGAVI. 2. BHIMAPPA SIDDAPPA BAGI, AGE: 37 YEARS, OCC: AGRICULTURE, R/O UDDAGATTI VILLAGE, TQ. GOKAK, DIST. BELAGAVI. …PETITIONER (BY SRI BAHUBALI.N.KANABARGI, ADVOCATE) AND: STATE OF KARNATAKA PSI KULGOD, P.S., REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNARAKA, DHARWAD BENCH. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR THE RECORDS OF THE ADDL. CIVIL JUDGE AND JMFC COURT, GOKAK IN C.C. NO.1857/2010 DATED 02.03.2019, THE PETITIONER / ACCUSED BEGS TO PREFER THIS REV. PETITION BE CALLED FOR RECORDS TO ASCERTAIN THE CORRECTNESS AND LEGALITY AND PROPRIETY OF THE FINDING AND SET ASIDE THE ORDER PASSED BY THE TRIAL COURT AND TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 02.03.2019, PASSED BY THE ADDL. CIVIL JUDGE AND JMFC COURT, GOKAK IN C.C. NO.1857/2010 CONVICTED THE ACCUSED PERSON FOR THE OFFENCES U/SEC.504, 506 WHICH HAD BEEN PARTLY CONFIRMED BY THE XII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT GOKAK IN CRL. APPEAL NO.98/2019 DATED 08.11.2019 & MODIFIED THE JUDGMENT AND CONVICTED THE ACCUSED PERSON IN RESPECT OF OFFENCES U/SEC.506 ONLY AND THE PRESENT APPELLANT BE ACQUITTED FROM THE CHARGES. - 3 - NC: 2025:KHC-D:7076 CRL.RP No. 100315 of 2019 C/W CRL.RP No. 100316 of 2019 THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Bahubali N. Kanabaragi, learned counsel for revision petitioner and Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent. 2. Revision petitioners are the accused Nos.1 and 2 respectively, who have suffered an order of conviction in C.C. No.1857/2010 for the offence punishable under Sections 504 and 506 read with Section 34 of Indian Penal Code, 1860 (for short, ‘IPC’) which was modified by the learned Judge in the First Appellate Court in Crl.A.Nos.98/2019 and 108/2019 by setting aside the order of conviction for the offence punishable under Section 504 of IPC, confirmed the conviction for the offence punishable under Section 506 of IPC and ordered - 4 - NC: 2025:KHC-D:7076 CRL.RP No. 100315 of 2019 C/W CRL.RP No. 100316 of 2019 to undergo one year simple imprisonment and to pay a fine of Rs.10,000/-. 3. Being aggrieved by the same, accused persons are before this Court in these revisions. 4. Sri Bahubali Kanabargi, learned counsel for the revision petitioners reiterating the grounds urged in the revision petitions, vehemently contended that in respect of present incident is concerned, there is no independent witness examined on behalf of the prosecution and the complainant version is nothing but self-serving testimony which has not been properly appreciated by both Courts and sought for allowing the revision petitions. 5. He would also contend that earlier to the present incident, there was an incident wherein these revision petitioners have been convicted and have already undergone imprisonment for a period of eight years. Therefore, taking note of the same, these revision - 5 - NC: 2025:KHC-D:7076 CRL.RP No. 100315 of 2019 C/W CRL.RP No. 100316 of 2019 petitions be allowed by maintaining the fine alone and by setting aside the sentence of imprisonment. 6. Per contra, Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent opposes the revision grounds in toto and supports the impugned judgments. 7. Having heard the arguments of both the sides in detail, this Court perused the material on record meticulously. 8. On such perusal of the material on record, it is crystal clear that there is ill-will between the complainant party and the present revision petitioners from the beginning and in fact the present revision petitioners have already been convicted in respect of another incident wherein they have been sentenced to undergo imprisonment for a period of eight years and they have already undergone such imprisonment. - 6 - NC: 2025:KHC-D:7076 CRL.RP No. 100315 of 2019 C/W CRL.RP No. 100316 of 2019 9. Based on such ill-will, the petitioners said to have given a life threat to the complainant in the case on hand which has been established by placing cogent and convincing evidence on record even though there is no independent testimony corroborating the version of the complainant. 10. Having regard to the limited scope of the revisional jurisdiction, this Court cannot revisit into the factual aspects of the matter especially when the First Appellate Court has re-appreciated the material evidence on record and accorded an order of acquittal for the offence punishable under Section 504 of IPC. State did not choose to file any appeal against the acquittal of the accused persons for the offence punishable under Section 504 of IPC. 11. Therefore, in the light of the above factual aspects of the matter, this Court is of the considered opinion that by maintaining the conviction of the revision petitioners for the offence punishable under Section 506 of - 7 - NC: 2025:KHC-D:7076 CRL.RP No. 100315 of 2019 C/W CRL.RP No. 100316 of 2019 IPC, if the fine amount is enhanced in a sum of Rs.10,000/- each by setting aside the sentence of imprisonment of one year, ends of justice would be met. 12. Accordingly, following order is passed. ORDER (i) Criminal Revision Petitions are allowed in part. (ii) While maintaining the conviction of the accused-revision petitioners for the offence punishable under Section 506 of IPC, sentence of imprisonment for a period of one year ordered by Trial Magistrate confirmed by the First Appellate Court for the offence punishable under Section 506 of IPC is hereby set aside by directing each of the revision petitioners to pay enhanced fine of Rs.10,000/- on or before 31.05.2025. (iii) Failure to pay the enhanced fine amount on or before 31.05.2025, revision petitioners shall undergo imprisonment for a period of one year as ordered by the Trial Magistrate confirmed by the First Appellate Court. - 8 - NC: 2025:KHC-D:7076 CRL.RP No. 100315 of 2019 C/W CRL.RP No. 100316 of 2019 Office is directed return the Trial Court records with a copy of this order forthwith for issue of modified conviction warrant. SD/- (V.SRISHANANDA) JUDGE NAA CT:GSM List No.: 2 Sl No.: 38