- 1 - NC: 2025:KHC-D:6514 CRL.RP No. 100064 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100064 OF 2019 (397(Cr.PC)/438(BNSS)) BETWEEN: MAHESH S/O. FAKIRAPPA HELAWAR @ GOPAR, AGE: 28 YEARS, OCC. COOLIE, R/O. HIRENANDI, TQ. GOKAK, DIST. BELAGAVI. …PETITIONER (BY SRI. S.C. HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT DATED 31.01.2019 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, IN CRL.A. NO.77/2018 DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT DATED 27.09.2018, PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M. DHARWAD IN C.C. NO.25/2016, AND ACQUIT THE PETITIONER / ACCUSED IN THE ORDER PUNISHABLE UNDER SECTION 138 OF NI ACT. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.24 14:32:59 +0530 - 2 - NC: 2025:KHC-D:6514 CRL.RP No. 100064 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.S.C.Hiremath, learned counsel for the revision petitioner and Sri.Preveena Y. Devareddiyavara, learned High Court Government Pleader for respondent- State. 2. At the request of the revision petitioner, presence of complainant-injured is secured before the Court. On inquiry complainant-injured submits that an elder of the community has settled the dispute amicably and accused has paid reasonable amount of money towards the medical expenses to the de facto complainant and thereafter, he has agreed to settle the dispute amicably. 3. Accused has suffered an order of conviction for the offence under Section 326 of the Indian Penal Code (for short, ‘the IPC’) in CC No.25/2016 which was confirmed in Crl.A.No.77/2018. 4. Since the offence under Section 326 of the IPC is non compoundable, the request of the revision - 3 - NC: 2025:KHC-D:6514 CRL.RP No. 100064 of 2019 petitioner to acquit the accused by permitting him to compound the offence would not arise. 5. However, taking note of the principles of law enunciated in Ram Gopal Vs. State of Maharastra1, this Court is of the considered opinion that modifying the sentence by directing the revision petitioner to pay enhanced fine of Rs.25,000/- which can be paid as compensation to the complainant would meet the ends of justice in the peculiar facts and circumstance of the case. 6. Accordingly, while maintaining the conviction, the sentence needs to be modified. Hence, following order is passed: ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the conviction of the revision petitioner for the offences punishable under Sections 504, 326 and 506 of the IPC, the sentence of imprisonment ordered by the learned Trial Magistrate 1 (1972) 4 SCC 625 - 4 - NC: 2025:KHC-D:6514 CRL.RP No. 100064 of 2019 confirmed by the First Appellate Court is modified by directing the accused to undergo simple imprisonment for the day till the rising of the Court and to pay enhanced fine of Rs.25,000/- on or before 15.05.2025. (iii) After receipt of the enhanced fine amount, same shall be paid as compensation to the P.W.2-Yallappa Helavar under due identification (iv) Failure to pay the enhanced fine amount would automatically result in restoration of the jail sentence ordered by the learned Trial Magistrate confirmed by the First Appellate Court. (v) Office to return the Trial Court records along with a copy of this order for issuance of modified conviction warrant. (vi) After the payment of enhanced fine amount, cash surety deposited if any, by the accused shall be returned to the accused. SD/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 2 Sl No.: 43