- 1 - NC: 2025:KHC-D:5059 CRL.RP No. 100432 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100432 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: DURGAPPA @ DURAPPA S/O. NARAYAN NAIK, AGE: 37 YEARS, OCC. CENTRING WORK, R/O. MULLEMANI, SABATTI, TALUK: BHATKAL, DIST. UTTARKANNADA. …PETITIONER (BY SRI S.B. DODDAGOUDAR, ADVOCATE FOR SRI A.C. CHAKALABBI, ADVOCATE) AND: THE STATE OF KARNATAKA (BY THE BHATKAL RURAL POLICE STATION) REP. BY S.P.P., HIGH COURT BUILDING, DHARWAD-580011. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE PRL.DISTRICT AND SESSIONS JUDGE, U.K. KARWAR, DATED 06.03.2024 IN CRIMINAL APPEAL NO.77/2015 FOR THE OFFENCE P/U/SECTIONS 506, 324 OF IPC AND ALSO THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE PASSED BY THE PRL.CIVIL JUDGE AND JMFC BHATKAL IN CC NO.1053/2014 DATED 17.06.2015 AND TO ALLOW THE PRESENT REVISION PETITION AND ACQUIT THE PETITIONER/ACCUSED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.03.27 15:30:25 +0530 - 2 - NC: 2025:KHC-D:5059 CRL.RP No. 100432 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.S.B.Doddagouder, learned counsel for the petitioner and Sri.Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. 2. Though the matter is listed for admission, with the consent of the parties, matter is taken up for final disposal. 3. Accused who suffered an order of conviction for the offence under Section 326, 504 and 506 of IPC which got confirmed by First Appellate Court is the revision petitioner. 4. At the outset Sri.S.B.Doddagoudar, counsel contended that material evidence available on record may be sufficient enough to maintain the conviction having regard to the limited scope of revisional jurisdiction. But sentence ordered by the trial Magistrate and confirmed by the First appellate Court needs interference in the - 3 - NC: 2025:KHC-D:5059 CRL.RP No. 100432 of 2024 revisional jurisdiction. More so, accused being the first time offender and he is convicted for the offence under Section 324 IPC. 5. Per contra, Sri.Praveena Y. Dvareddyavvar, learned High Court Government Pleader opposes the submissions made on behalf of the revision petitioner by contending that showing sympathy for the revision petitioner would encourage the similarly placed perpetrators of the crime and thus sought for dismissal of the petition. 6. Having heard the arguments of both sides, this Court perused the material on record meticulously. 7. On such perusal of the material on record, the injured witness having supported the case of prosecution which is corroborated by wound certificate issued by the doctor is also examined as a witness, the conviction of the petitioner for the offence under Section 324 and 506 of IPC needs no interference. - 4 - NC: 2025:KHC-D:5059 CRL.RP No. 100432 of 2024 8. However, sentence of six months imprisonment for the offence under Section 324 of IPC and three months for offence under Section 506 of IPC needs interference as admittedly revision petitioner is a first time offender. 9. However, since the compensation needs to be paid for the injuries sustained by the injured, enhancing the fine amount in a sum of Rs. 30,000/- and out of which, Rs.25,000/- if paid as compensation to the injured by setting aside the imprisonment of six months for the offence under Section 324 of IPC and three months for offence under Section 506 of IPC would meet the ends of justice, having regard to the attendant facts and circumstances of the case. 10. Accordingly, the following order is passed : ORDER (i) Revision petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence under Sections 324 and 506 of IPC, sentence ordered by the trial - 5 - NC: 2025:KHC-D:5059 CRL.RP No. 100432 of 2024 Magistrate, conformed by First Appellate Court is modified as under : (a) Petitioner to pay enhanced fine amount of Rs.30,000/- on or before 30/04/2025 and on that condition the sentence of imprisonment ordered by the trial Magistrate and confirmed by First Appellate Court stands set aside. (b) Failure to pay the enhanced fine amount on or before 30/04/2025, the order of imprisonment passed by the trial Magistrate and confirmed by the First Appellate Court stand restored automatically. (c ) Out of the fine amount recovered, Rs. 25,000/ is ordered to be paid as compensation to the injured PW1 under due identification. (iii) In view of disposal of main matter, IA No. 2/2025 is consigned to records. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST No.:2 SL NO.:2