- 1 - HC-KAR NC: 2025:KHC-K:3730 CRL.RP No. 200016 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.200016 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: RAHUL S/O SUBHAS PATIL, AGE: 26 YEARS, OCC: PRIVATE WORK. R/O SHAHABAZAR, KALABURGI-585102. …PETITIONER (BY SRI RAVI BHEEMSINGH CHAWAN, ADVOCATE) AND: THE STATE THROUGH, ASHOK NAGAR POLICE STATION, REPRESENTED BY ADDL. SPP, HIGH COURT BENCH, KALABURAGI. …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP) THIS CRL.RP. IS FILED U/S 397 R/W SEC. 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 06-11-2023 PASSED BY THE COURT OF THE I ADDL. DISTRICT AND SESSIONS JUDGE AT KALABURAGI IN CRL. APPEAL NO.12/2020 CONFIRMING THE JUDGMENT AND ORDER DATED 09-12-2019 PASSED BY THE COURT OF V ADDL. CIVIL JUDGE AND JMFC AT KALBURAGI IN CC NO.2907/2015 THEREBY CONVICTING AND MODIFIED BY IMPOSING RIGOROUS IMPRISONMENT FOR A ONE YEAR THE ACCUSED NO.1, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3730 CRL.RP No. 200016 of 2024 APPELLANT HEREIN, FOR THE OFFENCE PUNISHABLE U/S. 392 OF IPC THEREBY CONVICTING HIM FOR A PERIOD OF ONE YEAR SIX MONTHS WITH FINE OF RS. 5000/-, THE PETITIONER PREFER THIS REVISION PETITION. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Ravi Bheemsingh Chawan, learned counsel for the revision petitioner and Sri Veeranagouda Malipatil, learned High Court Government Pleader for the respondent/State. 2. The revision petitioner is accused No.1, who suffered an order of conviction in C.C.No.2907/2015 for the offence punishable under Section 392 of the Indian Penal Code and sentenced as under: “Acting U/sec. 248 (2) of Cr.P.C. the accused No.1 to 3 are convicted for the offence punishable U/Sec.392 of IPC and sentenced to undergo S.I. for one year six months and pay fine of Rs.5,000/- - 3 - HC-KAR NC: 2025:KHC-K:3730 CRL.RP No. 200016 of 2024 each. In default of payment of fine, the accused No.1 to 3 shall undergo S.I. for one month. The period of detention undergone by the accused No.1 to 3 during the investigation, enquiry or trial of this case shall be set off as per Provision U/s 428 of Cr.P.C.” 3. The validity of the order of conviction was questioned before the District and Sessions Judge in Criminal Appeal No.12/2020 and the learned Judge in the First Appellate Court after re-appreciation of the material evidence, dismissed the appeal by a considered judgment dated 06.11.2023. 4. Sri Ravi Bheemsingh Chawan, learned counsel for the revision petitioner contended that the accused is a first time offender and he has retraced his steps and he is now eking out his livelihood by doing coolie work and therefore custody period already undergone by the accused may be treated as the period of imprisonment by enhancing the fine amount. - 4 - HC-KAR NC: 2025:KHC-K:3730 CRL.RP No. 200016 of 2024 5. Per contra, Sri Veeranagouda Malipatil, learned High Court Government Pleader would contend that if any leniency is shown to the persons like petitioner, it would send wrong message to the society and thus, sought for dismissal of the petition. 6. Having heard the arguments on both sides, this Court perused the material on record meticulously. 7. On such perusal of the material on record, it is crystal clear that the order of conviction is based on the material evidence placed on record by the prosecution and on proper and sound appreciation. 8. Further, recovery of sum of Rs.1,200/- from the custody of the accused stands established by placing cogent evidence. Taking note of these aspects of the matter, in the limited scope of revisional jurisdiction, this Court does not find any legal infirmity or perversity in the order of conviction. - 5 - HC-KAR NC: 2025:KHC-K:3730 CRL.RP No. 200016 of 2024 9. Having held thus, the accused, being the first time offender and is now eking out his livelihood by doing coolie work, this Court is of the considered opinion that if the custody period already undergone by him is treated as the period of imprisonment by enhancing the fine amount in a sum of Rs.10,000/-, ends of justice would be met. 10. Accordingly, the following order is passed: ORDER (a) The Criminal Revision Petition is allowed in part. (b) While maintaining the conviction of the revision petitioner for the offence punishable under Section 392 of the Indian Penal Code, sentence ordered by Trial Magistrate and modified by the First Appellate Court is modified by directing the revision petitioner to undergo simple imprisonment for the day till raising of the Court and to pay enhanced fine amount of Rs.10,000/- on or before 31.08.2025. - 6 - HC-KAR NC: 2025:KHC-K:3730 CRL.RP No. 200016 of 2024 (c) Failure to pay the enhanced fine amount of Rs.10,000/- on or before 31.08.2025, the order of imprisonment as ordered by the Trial Magistrate and modified by the First Appellate Court stands restored automatically. d) Office is directed to return the Trial Court records with a copy of this order for issue of modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 67 CT:PK