- 1 - NC: 2025:KHC-D:7110 CRL.RP No. 100154 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100154 OF 2025 (397(Cr.PC)/438(BNSS) BETWEEN: IRFAN S/O. SHAMSHUDDIN NILAGAR @ NEELGAR, AGE 38 YEARS, OCC: COOLIE, R/O. MULLANKERI, HAVERI, PIN-581204. …PETITIONER (BY SRI. PATIL TIPPANAGOUDA REVANAGOUDA, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS BENDIGERI P.S., HUBBALLI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, PIN-580011. …RESPONDENT (BY SRI.PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR RESPONDENT) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.438 R/W. 442 OF BNSS, SEEKING TO CALL FOR RECORDS IN C.C. NO. 93/2010 ON THE II ADDL. CIVIL JUDGE AND III JMFC HUBLI AT HUBLI AND CRIMINAL APPEAL NO. 12/2014 FROM THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD SITTING AT HUBBALLI AND SET ASIDE THE JUDGMENT PASSED BY THE COURT OF II ADDITIONAL CIVI JUDGE AND III JMFC HUBBALLI IN C.C NO. 93/2010 DATED 30.10.2013 CONVICTING THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 380 OF IPC AND ALSO SET SIDE THE JUDGMENT PASSED BY HE V ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBLLI IN CRL. APPEAL NO. 12/2014 DATED 16.09.2016 AND BY ALLOWING THIS CRIMINAL APPEAL AND ACQUIT THE PETITIONER IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7110 CRL.RP No. 100154 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) By consent of the parties, heard on merits of the matter. 2. Present revision petitioner is the accused No.2 in CC No.93/2010 on the file of II Addl. Civil Judge and III JMFC., Hubballi who suffered an order of conviction for the offence punishable under Sections 457 and 380 of IPC. 3. The order of conviction and judgment was challenged before the First Appellate Court, wherein learned Judge in the First Appellate Court set aside the conviction of the accused for the offence under Section 457 of IPC and confirmed the order of conviction for the offence under Section 380 of IPC. 4. Being further aggrieved by the same, present revision petition is filed by the accused No.2. 5. Sri.Patil T.R., learned counsel for the petitioner reiterating the grounds urged in the revision petition - 3 - NC: 2025:KHC-D:7110 CRL.RP No. 100154 of 2025 contended that the conviction of the accused for the offence under Section 380 of IPC ordered by the trial Magistrate and confirmed by the First Appellate Court is against the material evidence placed on record by the prosecution and therefore, sought for allowing the revision petition. 6. Alternatively, he would contend that since the accused is now in custody on and from 27.01.2025, the custody period already undergone by the present revision petitioner may be treated as period of imprisonment by enhancing the fine amount reasonably and sought for allowing the revision petition. 7. Per contra, Sri.Praveena Y. Devareddiyavara, learned High Court Government Pleader opposed the revision grounds in totol 8. Heard the arguments of both the sides, this Court has perused the material on record meticulously. - 4 - NC: 2025:KHC-D:7110 CRL.RP No. 100154 of 2025 9. On such perusal of the material on record, even though details of the pending criminal cases are not furnished by both the parties, taking note of the fact that at present the revision petitioner is in custody only in respect of order of conviction passed in CC No.93/2010 (CC No.753/2015), this Court is of the considered opinion that while maintaining the conviction, the custody period which has already undergone by the present petitioner, in respect of CC No.93/2010 on and from 27.01.2025, if treated as period of imprisonment by enhancing the fine amount in a sum of Rs.20,000/-, ends of justice would be met. 10. More so, having regard to the fact that revision petitioner has got family to maintain of which wife and the daughter are female members and small son who is a school going child. 11. Further, it is the wife of the petitioner who came forward to pay the enhanced fine amount and she is eking of her livelihood and has to muster the fine amount - 5 - NC: 2025:KHC-D:7110 CRL.RP No. 100154 of 2025 by doing the job of washing the vassals and other menial jobs in a school teacher’s house. 12. Accordingly, the following order is passed: ORDER (i) Revision petition is allowed in part. (ii) While maintaining the order of conviction for the offence punishable under Section 380 of IPC, custody period already undergone by the accused on and from 27.01.2025 is treated as period of imprisonment by enhancing the fine amount in a sum of Rs.20,000/-. (iii) It is made clear that petitioner shall be released from the custody only after the payment of fine amount of Rs.20,000/-. (iv) Office is directed to communicate the trial Court, the copy of this order and thereafter, trial Court shall issue modified conviction warrant. SD/- (V.SRISHANANDA) JUDGE HMB CT-AN List No.: 2 Sl No.: 11