- 1 - HC-KAR NC: 2026:KHC:13648 CRL.RP No. 631 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.631 OF 2018 (397(Cr.PC) / 438(BNSS) BETWEEN: RAGHU S/O LATE LAXMANA GOWDA AGED ABOUT 34 YEARS, COOLIE, R/O KANADAL ROAD, CHIKKAMAGALURU CITY – 577 201 …PETITIONER (BY SRI GIRISHA.R.J FOR SRI. MANJUNATH PRASAD H N, ADVOCATES) AND: STATE OF KARNATAKA BY TOWN POLICE, CHIKKAMAGALURU-577201, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560001 …RESPONDENT (SRI K.NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT DATED 11.04.2018 PASSED BY II ADDITIONAL SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.NO.43/2017 AND CONSEQUENTLY ALLOW THE REVISION AND SET ASIDE THE JUDGMENT DATED 27.02.2017 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., CHIKKAMAGALURU IN C.C.NO.171/2015. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13648 CRL.RP No. 631 of 2018 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.Gireesha R. J., advocate for Sri Manjunath Prasad H.N., learned counsel for the revision petitioner and Sri. Nageshwarappa, learned High Court Government Pleader. 2. Accused who has been convicted by the Order dated 27.02.2017 in C.C No.171/2015 on the file of the Prl. Senior Civil Judge and CJM, Chikkamagaluru and sentenced to undergo simple imprisonment for a period of three years for the offence punishable under Section 379 of the Indian Penal Code and to pay fine of Rs.2,000/-, in default, to undergo further simple imprisonment for a period of one month, for having thieved a two wheeler i.e., TVS Sports motorcycle bearing registration No.KA-19/EA-0213, confirmed in Criminal Appeal No.43/2017 on the file of the II Addl. Sessions Judge, Chikkamagaluru, is the revision petitioner. 3. At the outset learned counsel for the revision petitioner would submit that material evidence on record is sufficient - 3 - HC-KAR NC: 2026:KHC:13648 CRL.RP No. 631 of 2018 enough to maintain conviction of the accused. But, while maintaining the conviction order, Court may exercise its discretionary power in setting aside the imprisonment by treating the custody period already undergone as the period of sentence by enhancing the fine amount reasonably. 4. Per contra, Sri Nageshwarappa, learned High Court Government Pleader, opposes the revision grounds including the alternate submission for scaling down the sentence. 5. Having heard the arguments of both sides, this Court perused the material on record meticulously. 6. Admittedly, revision petitioner is a first time offender having no criminal antecedents. 7. Taking note of the same and also taking note of the fact that the thieved two wheeler is recovered from the custody of the revision petitioner, custody period of twelve days undergone by him from 02.01.2015 to 14.01.2015, if treated as period of imprisonment by enhancing the fine amount in a sum of Rs.20,000/- ends of justice would be met in the attendant facts circumstance of the case. - 4 - HC-KAR NC: 2026:KHC:13648 CRL.RP No. 631 of 2018 8. Accordingly, the following: ORDER (i) Revision petition is allowed in part. (ii) While maintaining the conviction of the revision petitioner/accused for the offence under Section 379 IPC custody period already undergone by him from 02.01.2015 to 14.01.2015 is treated as the period of imprisonment by enhancing the fine amount in a sum of Rs.20,000/- payable on or before 31st March 2026, failing which, the accused shall undergo the imprisonment as ordered by the learned Trial Magistrate confirmed by the First Appellate Court. (iii) Office is directed to return the Trial Court Records along with copy of this order forthwith for issue of modified conviction warrant. Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 72