- 1 - HC-KAR NC: 2026:KHC:13724 CRL.RP No. 583 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.583 OF 2018 (397(Cr.PC) / 438(BNSS) BETWEEN: SRI MOHAMMED ISAK S/ O K M ABDUL KHADAR, AGED ABOUT 29 YEARS DRIVER RESIDING AT K TALAGURU MUDIGERE TALUK-577 132 …PETITIONER (BY SRI. UDAYA PRAKASH M, ADVOCATE) AND: THE STATE BY ALDUR POLICE -577 132 REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT BANGALORE …RESPONDENT (BY SRI K.NAGESHWARAPPA, 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 IN CRL.A.No.165/2017 ON THE FILE OF THE II ADDITIONAL SESSIONS JUDGE, CHIKKAMAGALURU DATED 23.03.2018 AND IN C.C.No.676/2016 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT CHIKKAMAGALURU DATED 18.09.2017, CONVICTING THE PETITIONER HEREIN HOLDING HIM GUILTY OF OFFENCE UNDER SECTION 379 IMPRISONMENT FOR 2 YEARS AND ALSO PAY FINE OF RS.10,000/-AND ON Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13724 CRL.RP No. 583 of 2018 DEFAULT TO UNDERGO SIMPLE IMPRISONMENT FOR 3 MONTHS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Udaya Prakash M., learned counsel for the revision petitioner and Sri K. Nageshwarappa, learned High Court Government Pleader for the respondent/State. 2. Revision petitioner is the accused who has been convicted for the offence punishable under Section 379 of Indian Penal Code for having thieved the sand belonging to the Government in C.C.No.676/2016, confirmed in Criminal Appeal No.165/2017. 3. Admittedly, the petitioner is a first time offender. Under such circumstances, the benefit of Probation of Offenders Act should have been extended to the petitioner. 4. However, no such benefit is extended to the petitioner by learned Trial Magistrate which was not even properly considered by the First Appellate Court. - 3 - HC-KAR NC: 2026:KHC:13724 CRL.RP No. 583 of 2018 5. Therefore, having regard to the attendant facts and circumstances, if the order of conviction is upheld and the sentence of imprisonment is set aside by directing the petitioner to pay enhanced fine amount, ends of justice would be met. 6. Accordingly, the following: ORDER (i) Revision petition is allowed in part. (ii) While maintaining the conviction of the accused, custody period of three days already undergone by the accused at the time of crime is treated as period of imprisonment by enhancing the fine amount in a sum of Rs.30,000/- payable on or before 31.03.2026. (iii) If the accused failed to pay the enhanced fine amount, he shall undergo the remaining portion of the sentence. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 65