- 1 - HC-KAR NC: 2025:KHC-D:15374-DB CRL.A No. 100700 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI CRIMINAL APPEAL NO. 100700 OF 2025 (C) BETWEEN: SMT. POOJA W/O. SATISH PATIL, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O.124/A, SHIVAJI GALLI, GOUNDWAD, KANGRALI B.K., BELAGAVI-590010. …APPELLANT (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY KAKATI P.S., BELAGAVI, REP. BY S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. MR. ANAND RAMA KUTRE, AGE: 63 YEARS, OCC: HOLI GALLI, GOUNDWAD VILLAGE, TQ. AND DIST. BELAGAVI-590010. 3. MR. ARNAV ANAND KUTRE, AGE: 28 YEARS, OCC: HOLI GALLI, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:15374-DB CRL.A No. 100700 of 2025 GOUNDWAD VILLAGE, TQ. AND DIST. BELAGAVI-590010. 4. MR. JAYAPPA @ BALU BHAIRU NILAJKAR, AGE: 55 YEARS, OCC: GOUNDWAD VILLAGE, TQ. AND DIST. BELAGAVI-590010. 5. MR. MAHANTESH @ DHANRAJ BALU @ JAYAPPA, AGE: 26 YEARS, OCC: GOUNDWAD VILLAGE, TQ. AND DIST. BELAGAVI-590010. 6. MR. SMT. SHASHIKALA @ ANITA ANAND KUTRE, AGE: 52 YEARS, OCC: GOUNDWAD VILLAGE, TQ. AND DIST. BELAGAVI-590010. …RESPONDENTS (BY SRI. M. B. GUNDAWADE, ADDL. S.P.P., FOR RESPONDENTS) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF CR.P.C. (413 OF BNSS), PRAYING TO CALL FOR RECORDS AND ALLOW THIS APPEAL AND CONSEQUENTIALLY MODIFY THE JUDGMENT SENTENCE DATED 23.08.2025 PASSED IN SESSIONS CASE NO.237/2022, BY THE II ADDL. SESSIONS JUDGE, BELAGAVI AND SENTENCE THE ACCUSED NO.1 TO 5/ RESPONDENT NO.2 TO 6 TO DEATH PENALTY, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI - 3 - HC-KAR NC: 2025:KHC-D:15374-DB CRL.A No. 100700 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This criminal appeal is filed by the complainant, wife of the deceased person seeking to modify the sentence passed by the learned II Additional District and Sessions Judge, Belagavi in Sessions Case No.237/2022 to enhance the sentence against the accused nos.1 to 5, who are respondents no.2 to 6 herein from life imprisonment to death penalty. Office has raised an objection regarding maintainability of the criminal appeal. 2. The office objection is that having regard to the provisions contained in Section 372 of the Cr.P.C. such an appeal with a prayer at the hands of the victim/complainant to enhance the sentence is not maintainable having regard to the proviso to Section 372 of Cr.P.C. - 4 - HC-KAR NC: 2025:KHC-D:15374-DB CRL.A No. 100700 of 2025 3. Learned counsel for the appellant however submits that the appellant had also filed an application in I.A.No.2/2025 in Criminal Appeal No.100645/2025 as an intervener seeking permission to appear before this Court and assist the learned Additional State Public Prosecutor in the conduct of the appeal on behalf of the State. However, this Court by the order dated 04.11.2025 disposed of the application having noticed that a criminal appeal is also filed by the applicant. Learned counsel for the appellant would therefore submit that the appellant may be permitted to convert this criminal appeal into the criminal revision petition under Section 401 of the Cr.P.C. 4. Although, this Court finds that a criminal revision petition is maintainable by the appellant/complainant having regard to the express provision contained in Section 401 of Cr.P.C. that while exercising the powers under Section 401 of Cr.P.C. this Court can exercise the powers of a Court of appeal available in Sections 386, - 5 - HC-KAR NC: 2025:KHC-D:15374-DB CRL.A No. 100700 of 2025 389, 390 and 391 of the Cr.P.C. and Clause (c)(iii) of Section 386 of Cr.P.C enables this Court to consider a revision at the hands of the victim/complainant for enhancement of sentence, nevertheless we are of the considered opinion that the format prescribed for a criminal appeal is quite different from the format prescribed for a revision petition under Section 401 of Cr.P.C. Therefore, we proceed to dismiss the criminal appeal while reserving liberty to the appellant/complainant to file a criminal revision petition seeking the same prayer for enhancement of sentence. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE CKK /CT-AN List No.: 1 Sl No.: 0