- 1 - HC-KAR NC: 2026:KHC:23535 CRL.RP No. 1075 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1075 OF 2018 (397(Cr.PC) / 438(BNSS) BETWEEN: SMT G CHANDRAKALA W/O SOMASHEKHARA, AGED ABOUT 40 YEARS RESIDENT OF HOLALKERE, R.S.ROAD,CHITRADURGA DISTRICT, C/O NAGARAJA, LINGADAHALLI ROAD, BELLARY CAMP, BIRUR, CHICKMAGALUR DISTRICT-577101 …PETITIONER (BY SRI A.C.BALARAJU, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY SUB-INSPECTOR OF POLICE, HOSANAGAR POLICE STATION, HOSANAGAR-577418 …RESPONDENT (BY SMT.WAHEEDA.M.M, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE DATED 05.12.2014 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., HOSANAGARA IN C.C.No.70/2008 AND ALSO THE JUDGMENT DATED 29.07.2016 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT SAGAR IN CRL.A.No.172/2014 AND BE ACQUIT THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23535 CRL.RP No. 1075 of 2018 SECTION 419, 420, 468 AND 471 OF INDIAN PENAL CODE IN CR.NO.99/2004 (C.C.NO.70/2008). THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri A.C.Balaraju, learned counsel for the revision petitioner and Smt. Waheeda M.M, learned High Court Government Pleader. 2. Revision Petitioner is the accused who suffered an order of conviction in C.C No.70/2008 and sentenced as under: “Accused No.1 is sentenced to undergo simple imprisonment for six months for the offence punishable under Section 419 of IPC. Accused No.1 is sentenced to undergo simple imprisonment for one year and shall also liable to pay a fine of Rs.1,000/- for the offence punishable under Section 420 of IPC, in default of payment of fine she shall under go simple imprisonment for one month. Accused No.1 is sentenced to undergo simple imprisonment for one year and shall also liable to pay a fine of Rs.1,000/- for the offence punishable under Section 468 of IPC, in default of payment of - 3 - HC-KAR NC: 2026:KHC:23535 CRL.RP No. 1075 of 2018 fine she shall under go simple imprisonment for one month. Accused No.1 is sentenced to undergo simple imprisonment for one year and shall also liable to pay a fine of Rs.1,000/- for the offence punishable under Section 471 of IPC, in default of payment of fine she shall under go simple imprisonment for one month.” 3. Order of conviction and sentence was confirmed in Criminal Appeal No.172/2014. 4. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 4.1 A complaint came to be lodged with Hosanagara Police alleging commission of the offence punishable under Sections 419, 420, 468, 471 r/w Section 34 of the Indian Penal Code. 4.2 Accused No.1 moved a representation to the complainant requesting him to take her on duty as Physical Education Teacher Grade I in Jayanagara Government High School, Hosanagara, by stating that she has been transferred - 4 - HC-KAR NC: 2026:KHC:23535 CRL.RP No. 1075 of 2018 from Government High School, Kachavi, Hirekeruru Taluk, Haveri District and produced certain documents. 4.3 On verification, those documents proved to be fake documents. Therefore, criminal complaint was lodged. 5. Police after thorough investigation noted that the documents placed by the petitioner were all fake including the transfer order. Therefore, filed the charge sheet for the aforesaid offences. 6. Presence of the accused was secured by the learned Trial Magistrate and charges were framed. Accused pleaded not guilty. Therefore, trial was held. 7. After due trial, learned Trial Magistrate noting the fact that the documents placed by the accused for taking her as a Physical Education teacher in Hosanagara Government High School situated at Jayanagara was fake, convicted the accused. 8. Being aggrieved by the same, accused filed an appeal before the District Court in Criminal Appeal No.172/2014. - 5 - HC-KAR NC: 2026:KHC:23535 CRL.RP No. 1075 of 2018 9. Learned Judge in the First Appellate Court after securing the records heard the arguments of the parties in detail and on re-appreciation of the material on record noted that Ex.P44 to 50 are the records that have been placed by the appellant to show that she was qualified for the post of Physical Education Teacher were fake. Therefore, upheld the order of conviction and sentence recorded by the learned Trial Magistrate. 10. Being further aggrieved by same, accused is before this Court in this revision. 11. Sri A.C.Balaraju, learned counsel for the revision petitioner, at the outset would submit that since the case of the prosecution predominantly based on the documents Ex.P44 to P50 which are fake in nature, this Court may consider the question of showing lenience to the petitioner, as petitioner is a lady and she has been tricked to take the post of Physical Education Teacher by some other accused persons. Therefore, sentence of imprisonment may be set aside as she is now working as an Assistant Teacher after passing the examination. - 6 - HC-KAR NC: 2026:KHC:23535 CRL.RP No. 1075 of 2018 12. Per contra, Smt. Waheeda M.M., learned High Court Government Pleader, opposes the grounds urged in the revision petition contended that admittedly there was a fake order and fake Karnataka Government Insurance Department (KGID) numbers that were found and the complainant who was the Head of the Institution at Jayanagar Government High School, Hosanagara, sent the documents for verification and noted that those documents were fake. 13. Therefore necessary action has been taken and therefore no lenience can be shown to the petitioner and sought for dismissal of the revision petition. 14. Having heard the arguments of both sides, this Court perused the material on record meticulously. 15. On such perusal of the material on record it is noted that admittedly, accused is a first time offender. She was made to believe that the documents possessed by her are the genuine documents. 16. It is only when she was transferred from Haveri District to Chitradurga District to take charge in Jayanagara Government - 7 - HC-KAR NC: 2026:KHC:23535 CRL.RP No. 1075 of 2018 High School at Hosanagara, the fraud that has been played on her by the other accused came to light. 17. Nevertheless, since she is the beneficiary of those documents, it cannot be said that she would have the benefit of an order of acquittal. Thus, order of conviction recorded by the learned Trial Magistrate, confirmed by the First Appellate Court needs no interference that too in the limited powers of the revisional Jurisdiction. 18. This would take this Court to the next limb of the argument on behalf of the revision petitioner namely, the accused being the first time offender and thereafter she passed the examination and now working as a teacher in a Government School. Since, the petitioner is a lady and first time offender, if the period of imprisonment set aside by enhancing the fine amount ends of justice would be met. 19. Accordingly, the following: ORDER (i) Revision petition is allowed in part. (ii) While maintaining the conviction of the accused for the offences punishable under Section 419, - 8 - HC-KAR NC: 2026:KHC:23535 CRL.RP No. 1075 of 2018 420, 468 and 471 of Indian Penal Code, sentence ordered by the learned Trial Magistrate, confirmed by the First Appellate Court is modified by directing the petitioner to undergo simple imprisonment for the day till raising of the Court and to pay enhanced fine amount of Rs.1,00,000/-. (iii) Time is granted to pay the enhanced fine amount till 31.05.2026. (iv) It is made clear that if the enhanced fine amount is not paid on or before 31.05.2026, petitioner shall undergo imprisonment as ordered by the learned Trial Magistrate, confirmed by the First Appellate Court. (v) Office is directed to send the trial Court records with copy of this order forthwith for issue of modified conviction warrant. SD/- (V SRISHANANDA) JUDGE Kcm paragraphs 1 to 9 MR paragraphs 10 till end. List No.: 2 Sl No.: 84