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2026 DAILYLAW 16119 (KAR)

MRS. L. NAGAMANI v. STATE OF KARNATAKA

CRL.RP/565/2021 · 2026-03-05

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13583 CRL.RP No. 565 of 2021 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. 565 OF 2021 BETWEEN: 1. MRS. L. NAGAMANI W/O. MR. RAJESH KUMAR, AGED ABOUT 34 YEARS, R/O. NETHAJI NAGAR, MULABAGILU VILLAGE, KOLAR DISTRICT, PIN-563 131. …PETITIONER (BY SRI. I.S. PRAMOD CHANDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NUGGEHALLI POLICE STATION, HASSAN DISTRICT, THROUGH THE STATE PUBLIC PROSECUTORS, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER DATED 18.11.2019 RECORDED BY THE LEARNED II ADDL. CIVIL JUDGE AND JMFC AT Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13583 CRL.RP No. 565 of 2021 CHANNARAYAPATTANA IN C.C.NO.2103/2014 CONVICTING AND SENTENCING THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 468, 471, 420 OF IPC. 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.I.S.Pramod Chandra, learned counsel for the revision petitioner. 2. A memo came to be filed, which reads as under: It is humbly submitted on behalf of the Petitioner as follows:- 1. The petitioner, who was the sole accused in C.C. No. 2103/2014 before the learned II Addl. Civil Judge and J.M.F.C., at Channarayapattana, was charge- sheeted, charged, tried and convicted for the offences punishable under Secs. 420, 468 and 471, IPC after a full-fledged trial by the learned Magistrate and was sentenced to undergo simple imprisonment for a period of 2 years for the offence punishable under Sec. 420 and to pay a fine of Rs.10, 000/-, simple imprisonment for a period of 2 years and 6 months and to pay a fine of Rs. 10,000/- for the offence under Sec. 468 and simple imprisonment for a period of 5 months and to pay a fine of Rs. 5,000/- for the offence punishable under Sec. 471, I.P.C. Magistrate was also - 3 - HC-KAR NC: 2026:KHC:13583 CRL.RP No. 565 of 2021 pleased to impose default sentences, and all the sentences were ordered to run consecutively. 2. Aggrieved by the said judgment of conviction and order of sentence passed by the learned Magistrate, the petitioner preferred an appeal before the learned IV Addl. District and Sessions Judge, Hassan District, sitting at Channarayapatna, in Criminal Appeal No. 379/2019, which came to be dismissed, confirming the judgment of conviction and order of sentence passed by the learned Magistrate. 3. As against the concurrent findings of guilt and the confirmation of conviction and sentence by both the learned Magistrate and the learned Sessions Judge, the petitioner has filed the present Revision Petition before this Hon'ble Court. 4. It is humbly submitted that, as per the instructions of the petitioner, the petitioner does not challenge the conviction recorded by the learned Magistrate. However, the Petitioner seeks the indulgence of this Hon'ble Court to pass an appropriate order with regard to the sentence by reducing the sentence of imprisonment and enhancing the fine, if this Hon'ble Court deems so fit and the petitioner undertakes to pay the enhanced fine amount within a period of 1 month from the date of the order, before the learned Trial Court in view of the fact that the petitioner is a lady, married and having 2 children, and considering her family responsibilities and poor financial condition and also - 4 - HC-KAR NC: 2026:KHC:13583 CRL.RP No. 565 of 2021 for the fact that she is not employed or has sufficient means to maintain her family. Hence, this Memo. WHHEREFORE, it is humbly prayed that this Hon'ble Court may kindly be pleased to take a lenient view in the matter of sentence on the Petitioner, in the interest of justice and equity 3. Placing the memo on record, the conviction of the revision petitioner for the proved offences is upheld. However, revision petitioner / accused, being a lady has already surrendered the marks card and has resigned from the job by using the marks card, taking note of the fact that accused is now aged 35 years and is married and is leading her life as a home maker, this Court is of the considered opinion that if the sentence ordered by Trial Magistrate confirmed by the First Appellate Court is modified by directing the revision petitioner to undergo Simple Imprisonment for the day, till the rising of the court by enhancing the fine amount in a sum of Rs.25,000/-, ends of justice would be met. - 5 - HC-KAR NC: 2026:KHC:13583 CRL.RP No. 565 of 2021 4. Placing the memo on record, the following: O R D E R (i) Revision petition is allowed in part while maintaining the conviction of the accused for the offences punishable under Section 420, 468 and 471 of IPC, sentence ordered by the Trial Magistrate confirmed by the First Appellate Court is modified by directing the accused to undergo Simple Imprisonment for the day and to pay enhanced fine amount of Rs.25,000/- on or before 23.05.2026. Office is directed to return the trial court records with copy of this order for issue of modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE SS List No.: 1 Sl No.: 23