- 1 - NC: 2025:KHC-D:6495 CRL.RP No. 100200 of 2017 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.100200 OF 2017 (397(Cr.PC)/438(BNSS)) BETWEEN: MOHAMMAD SALEEL SADIQ ABU HUSSAIN, AGE: 42 YEARS, OCC. DRIVER, R/O. NAVAYATKERI, MANKI, TAL. HONNAVAR, DIST. UTTAR KANNADA. …PETITIONER (BY SRI. VISHWANATH BADIGER, ADVOCATE) AND: THE STATE OF KARNATAKA PRESENTED BY ITS STATE PUBLIC PROSECUTOR, (MANKI P.S.), HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 397(1) READ WITH 401 OF CR.P.C., SEEKING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 23.06.2017 IN CRL.APPEAL NO. 91 OF 2010, PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR, AND THE JUDGEMENT OF CONVICTION AND SENTENCE PASSED BY PRL. JMFC, HONNAVAR, IN C.C.NO. 375 OF 2006 DATED 09.07.2010 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 466, 468 AND 471 OF IPC, BY ALLOWING THIS CRIMINAL REVISION PETITION. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 14:44:07 +0530 - 2 - NC: 2025:KHC-D:6495 CRL.RP No. 100200 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Vishwanath Badiger, learned counsel for the revision petitioner and Sri.Praveena Y. Devareddyavara, learned High Court Government Pleader for the State/respondent. 2. Revision petitioner is the accused who has suffered an order of conviction in CC No.375/2006 dated 09.07.2010 for the offences punishable under Section 466, 468, 471 of IPC and sentenced to undergo simple imprisonment for a period of one year, six months each for the aforesaid offences and fine of Rs.1,000/- and 500/- each with default sentence which got confirmed in Crl.A.No.91/2010. 3. Facts in brief which are utmost necessary for disposal of the revision petition are as under: Accused has been charge sheeted for the aforesaid offences on the ground that he willfully gave misinformation and also wrongly mentioned the date of birth at the time of taking the passport as well as at the time of renewal thereof which came into light. - 3 - NC: 2025:KHC-D:6495 CRL.RP No. 100200 of 2017 4. After due trial, accused has been convicted for the aforesaid offences on comparison with the original documents which would depict the date of birth. 5. Order of conviction was questioned by the accused before the First Appellate Court in Crl.A.No.91/2010. 6. Learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties in detail and in the light of the appeal grounds and on reappreciation of the material on record, maintained the order of conviction and sentence by dismissing the appeal filed by the accused. 7. Being further aggrieved by the same, accused is before this Court, in this revision petition. 8. Learned counsel for the revision petitioner reiterating the grounds urged in the revision petition contended that material on record is hardly sufficient to maintain the conviction and thus, sought for allowing the revision petition. 9. Alternatively, he would contend that in the event, this Court, upholding the order of conviction, taking note of the - 4 - NC: 2025:KHC-D:6495 CRL.RP No. 100200 of 2017 fact that accused met with an accident and sustained head injury, whereby he has lost eye sight partially in both the eyes. Therefore, he is unable to carry out any work and he is financially very weak and have got three children to maintain. Among them, his daughter is of marriageable age and he has to perform her marriage. Therefore, by enhancing the fine amount reasonably, the sentence of imprisonment of one year and six months each for the aforesaid offences may be set aside. 10. Per contra, learned High Court Government Pleader opposes the revision grounds in toto. 11. Having heard the parties in detail, this Court perused the material on record meticulously. 12. On such perusal of the material on record, admittedly, the alleged incident has taken place way back in the year 2004. It has come to light and thereafter, charge sheet came to be filed which was tried by the learned Trial Magistrate in CC No.375/2006. 13. Original date of commission of the offence dates back to 14.10.1992, when accused obtained passport by giving - 5 - NC: 2025:KHC-D:6495 CRL.RP No. 100200 of 2017 wrong date of birth. Date of report of the 06.02.2004 when said passport came for renewal. 14. Taking note of these facts of the matter and the passport is now cancelled and accused did not possess any other criminal antecedents, this Court is of the considered opinion that in the case on hand, conviction needs to be maintained; but sentence needs a modification in view of the submissions made on behalf of the accused especially, loss of eye sight of the accused partially in both the eyes on account of head injury sustained by the accused. 15. Ends of justice would be met by imposing fine of Rs.10,000/- for the aforesaid offence to be paid on or before 15.05.2025. 16. Accordingly, the following: ORDER i. Revision petition is allowed in part. ii. While maintaining the conviction of the revision petitioner for the offences punishable under Section 466, 468 and 471 of IPC, custody period already undergone by the accused is treated as - 6 - NC: 2025:KHC-D:6495 CRL.RP No. 100200 of 2017 period of imprisonment by enhancing the fine amount in a sum of Rs.10,000/- to be payable on or before 15.05.2025. iii. Failure to pay the enhanced fine amount, would result in automatic restoration of the order of the learned Trial Magistrate confirmed by the First Appellate Court. Office is directed to return the Trial Court Records with copy of this order forthwith for issuing modified conviction warrant. Sd/- (V.SRISHANANDA) JUDGE KAV CT:PA List No.: 2 Sl No.: 36