- 1 - NC: 2025:KHC-D:6784 CRL.RP No. 100295 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100295 OF 2017 (397(CR.PC)/438(BNSS)) BETWEEN: YANKAPPA S/O. HANAMANT MADAR, AGE: 24 YEARS, OCC. COOLIE, R/O. KALLAHALLI, TQ. JAMAKHANDI, DIST. BAGALKOTE. …PETITIONER (BY SRI. VIVEK JAIN, ADVOCATE FOR SRI. B.D. NARASAGONDA, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, IN PSI, JAMAKHANDI RURAL POLCIE STATION, TAL. JAMAKHANDI, DIST. BAGALKOTE. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C. 1973, SEEKING TO CALL FOR THE RECORDS AND TO SET ASIDE THE JUDGMENT DATED 01.09.2017 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE TO SIT AT JAMAKHANDI IN CRL. APPEAL NO. 1 OF 2015 AND TO SET ASIDE THE JUDGEMENT DATED 24.12.2014 PASSED BY THE PRL. CIVIL JUDGE AND I ADDL. JMFC AT JAMAKHAND IN C.C.NO. 668 OF 2012 FOR THE OFFENCE PUNISHABLE UNDER SECTION 323, 509, 354 AND 324 OF IPC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6784 CRL.RP No. 100295 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Vivek Jain, advocate for the revision petitioner and Sri.Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. 2. Revision petitioner is the accused No.2 who suffered an order of conviction in CC No.668/2012 confirmed in Crl.A.No.1/2015. Accused is convicted and sentenced as under: “For the offence punishable U/s 323 of IPC the accused No.2 is sentenced to undergo Simple Imprisonment for a period of 2 months and pay the fine of Rs.500/- and in default he shall undergo Simple Imprisonment for a period of 15 days. For the offence punishable U/s 509 of IPC accused No.2 is sentenced to undergo simple imprisonment for a period of 6 months and pay the fine of Rs.1000/- and in default to - 3 - NC: 2025:KHC-D:6784 CRL.RP No. 100295 of 2017 undergo Simple Imprisonment for a period of 30 days. For the offence punishable U/s 354 of IPC accused No.2 is further sentenced to undergo Simple Imprisonment for a period of 6 months and pay the fine of Rs.1000/- and in default he shall undergo Simple Imprisonment for a period of one month. For the offence punishable U/s 324 of IPC accused No.2 is further sentenced to undergo Simple Imprisonment for a period of 3 months and pay the fine of Rs.500/- and in default he shall undergo Simple Imprisonment for a period of 15 days. All the sentences shall run concurrently. Out of the fine amount collected from the accused, an amount of Rs.2000/- shall be paid to the complainant as compensation and the remaining amount shall be remitted to the state. Supply free copy of this judgment to the accused No.2.” 3. Facts in the nutshell for disposal of the revision petition are as under: - 4 - NC: 2025:KHC-D:6784 CRL.RP No. 100295 of 2017 3.1 Two daughters of the complainant were attending tuition classes everyday in the evening. On 9/7/2012, after completing the tuition classes, at about 6:00 PM when they were returning for home, near Laxmi temple of Hunnur, accused persons caught hold of hands of the daughters of the complainant and among them first accused bitten on the cheeks of one of the daughters and the present petitioner pulled the hands of another daughter. Police on receipt of complaint conducted detailed investigation and filed charge sheet. 3.2 After due trial, present petitioner-accused was convicted and sentenced as referred supra. 3.3 Whereas, first accused being juvenile was sent to juvenile justice board for trial. 3.4 The order of conviction and sentence was questioned before the First Appellate Court in Crl.A.No.1/2015, which came to be dismissed on merits by - 5 - NC: 2025:KHC-D:6784 CRL.RP No. 100295 of 2017 judgment dated 01.09.2017 and thereafter petitioner is before this Court. 4. Sri.Vivek Jain, reiterating the grounds urged in the revision petition vehemently contended that both the Courts have not properly appreciated the material evidence on record and wrongly convicted the petitioner resulting in miscarriage of justice and sought for allowing the revision petition. 5. Per contra, Sri.Praveena Y. Devareddiyavar, learned HCGP supports the impugned orders. 6. Having heard the arguments of both the sides, this Court perused the material on record meticulously. 7. On such perusal of the material on record, admittedly the victim girls have supported the case of the prosecution in toto. 8. It is pertinent to note that revision petitioner was stranger to the victim girls and therefore there is no question of false implication of the present petitioner in the case on hand. - 6 - NC: 2025:KHC-D:6784 CRL.RP No. 100295 of 2017 9. Material on record is rightly re-appreciated by the learned trial Judge while passing an order of conviction taking note of the attendant facts and circumstances; which has been rightly re-appreciated while dismissing the appeal by the first Appellate Court. 10. Taking note of these aspects of the matter and especially that there was no previous enmity or animosity to falsely implicate the accused in the incident, this Court that too in the revisional jurisdiction, is unable to accept the contention on behalf of the revision petitioner that both the Court have erred in wrongly convicting the accused. Accordingly the order of conviction needs no interference. 11. Having said so, the incident had occurred way back on 09.07.2012 and victim girls have grown up now and must have been married and well settled in the life. 12. Therefore, sentence ordered by the trial Magistrate and confirmed by the First Appellate Court if modified by directing the accused to undergo simple - 7 - NC: 2025:KHC-D:6784 CRL.RP No. 100295 of 2017 imprisonment for the day by enhancing the fine amount in a sum of Rs.25,000/-, ends of justice would be met. 13. Accordingly, the following order: ORDER (i) Criminal revision petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence under sections 323, 509, 354 and 324 of IPC, the sentence ordered by the trial Magistrate and confirmed by the First Appellate Court is modified as under: 1) Revision petitioner shall undergo simple imprisonment for the day till the rising of the Court and to pay enhanced fine amount of Rs.25,000/- on or before 31.05.2025. 2) Failure to pay the enhanced fine amount would automatically result in the sentence of imprisonment ordered by the trial Magistrate and confirmed by the First Appellate Court. - 8 - NC: 2025:KHC-D:6784 CRL.RP No. 100295 of 2017 (iii) Office is directed to return the trial Court records along with copy of this order. Sd/- (V.SRISHANANDA) JUDGE HMB CT:PA, LIST NO.: 2 SL NO.: 36