- 1 - HC-KAR NC: 2026:KHC:13647 CRL.RP No. 607 of 2017 C/W CRL.RP No. 606 of 2017 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.607 OF 2017 C/W CRIMINAL REVISION PETITION No.606 OF 2017 IN CRL.RP No.607/2017 BETWEEN: KANTHARAJU AGED ABOUT 44 YEARS, S/O OF SRI SIDDEGOWDA R/AT ADAGOORU VILLAGE MADIHALLI HOBLI BELURU TALUQ HASSAN DISTRICT-573 116 …PETITIONER (BY SRI SATYANARAYANA S. CHALKE, ADVOCATE) AND: STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, HALEBEEDU POLICE STATION HASSAN-573121 …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 OF CONVICTION DATED 16.9.2016 AND SENTENCE DATED 17.9.2016 ON THE FILE OF THE CIVIL JUDGE (SR. DN.) AND J.M.F.C., BELUR IN C.C.NO.147/2014 CONVICTING THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143 AND 147 R/W 149, 504, 448 AND 326 OF INDIAN PENAL CODE. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13647 CRL.RP No. 607 of 2017 C/W CRL.RP No. 606 of 2017 IN CRL.RP No.606/2017 BETWEEN: 1. VIRUPAKSHAPPA AGED ABOUT 77 YEARS, S/O LATE SRI. CHANNABASAVEGOWDA, 2. KALUVIREGOWDA A.S AGED ABOUT 73 YEARS, S/O LATE SRI. CHANNEBASAVEGOWDA, 3. SATISH A S AGED ABOUT 46 YEARS, S/O SRI.SIDDE GOWDA, 4. NATARAJ A S AGED ABOUT 45 YEARS, S/O SHIVARUDREGOWDA ALL THE PETITIONERS ARE R/AT ADAGOORU VILLAGE, MADIHALLI HOBLI, BELURU TALUK HASSAN DISTRICT-573116 ...PETITIONERS (BY SRI. SATYANARAYANA S. CHALKE , ADVOCATE) AND: STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, HALEBEEDU POLICE STATION, HASSAN-573 121 ...RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 16.9.2016 AND SENTENCE DATED 17.9.2016 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND J.M.F.C., BELUR IN C.C.No.147/2014 CONVICTING THE PETITIONER FOR THE - 3 - HC-KAR NC: 2026:KHC:13647 CRL.RP No. 607 of 2017 C/W CRL.RP No. 606 of 2017 OFFENCES P/U/S 143 AND 147 R/W 149, 504, 448 AND 323 OF IPC. THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Satyanarayana S. Chalke, learned counsel for the revision petitioners and Sri K.Nageshwarappa, learned High Court Government Pleader. 2. In Crl.RP No.607/2017, revision petitioner is accused No. 5. In Crl.RP No.606/2017, it is accused Nos.1, 3, 4 and 6 who have come before this Court challenging the order of conviction and sentence passed by the learned Trial Magistrate modified by the learned Judge in the First Appellate Court. 3. Revision petitioners in Crl.RP No.606/2017 are convicted for the offence punishable under Sections 143, 147, 504, 448, 506 r/w 149 of the Indian Penal Code whereas the Revision Petitioner in Crl.RP No.607/2017 who is accused No.5 is convicted for the offence under Section 326 of the Indian Penal Code, modified to Section 325 of the Indian Penal Code by the learned Judge in the First Appellate Court. - 4 - HC-KAR NC: 2026:KHC:13647 CRL.RP No. 607 of 2017 C/W CRL.RP No. 606 of 2017 4. Learned counsel for the revision petitioner has filed the memo reporting death of Sri Kaluviregowda who is accused No.3. Taking on record the said memo, petition as against accused No.3 needs to be dismissed as abated. 5. Sri Sathyanarana S. Chalke, learned counsel for the revision petitioners, at the outset, would submit that a counter case was also filed on behalf of the accused persons, but, the learned Trial Magistrate without following the principles of law enunciated by the Full Bench of this Court in the case of State of Karnataka, Circle Inspector of Police vs. Hosakeri Ningappa reported in ILR 2012 KAR 509, independently tried and convicted the accused persons which is per se incorrect. 6. He would also submit that, nevertheless, since both the Courts have now recorded a finding that accused persons are guilty, since they are the first time offenders and the original complainant, victim and accused No.2 who is the main accused are no more, parties have retraced their dispute and want to put an end to the bad blood. - 5 - HC-KAR NC: 2026:KHC:13647 CRL.RP No. 607 of 2017 C/W CRL.RP No. 606 of 2017 7. Thus, by enhancing the fine amount reasonably payable to the dependents of the injured/victim who lost the left side pinna, the sentence ordered by the Trial Magistrate modified by the learned Judge in the First Appellate Court may be set aside. 8. Per contra, Sri Nageshwarappa, learned High Court Government Pleader opposes the said submission contending that settlement between the parties in a heinous offence where offence is under Section 325 IPC cannot be considered by this Court and sought for dismissal of the revision petitions. 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. 10. Admittedly, parties are relatives and there was a dispute with regard to the land and in that connection, the ugly and unfortunate incident has taken place in the year 2008. 11. The original complainant, victim and accused No.2 who were fighting for the land are no more and the person who has injured in the incident is also no more. 12. Taking note of the fact that parties want to retrace their steps and arrive at an amicable settlement, if the sentence of - 6 - HC-KAR NC: 2026:KHC:13647 CRL.RP No. 607 of 2017 C/W CRL.RP No. 606 of 2017 imprisonment ordered in respect of the accused No.5 for the major offence under Section 325 IPC and for the remaining accused persons for the major offence under Section 448 IPC r/w Sections 143, 147 and 149 needs to be set-aside by enhancing the fine amount. 13. View of this Court in this regard is fortified by the principles of law enunciated by the Hon'ble Apex Court in the case of Ramgopal and another vs. State of Madhya Pradesh reported in (2022)14 SCC 531. 14. Accordingly, the following: ORDER (i) Both the revision petitions are allowed in part. (ii) Taking on record the memo, revision petition insofar as accused No.3/Kaluviregowda is dismissed as abated, (iii) While maintaining the conviction of accused No.5 for the offence punishable under Section 325 of the Indian Penal Code, he is directed to undergo - 7 - HC-KAR NC: 2026:KHC:13647 CRL.RP No. 607 of 2017 C/W CRL.RP No. 606 of 2017 simple imprisonment for the day till the rising of the Court and to pay enhanced fine amount in a sum of Rs.50,000/-. (iv) While maintaining the conviction of accused Nos.1, 4 and 6 for the offence punishable under Sections 143, 147, 504, 448 r/w 149 of the Indian Penal Code, they are directed to pay enhanced fine amount in a sum of Rs.10,000/- each i.e., Rs.30,000/- in all. (v) The enhanced compensation in a sum of Rs.80,000/- is ordered to be paid to Sri Shashank, dependent of Sri Vedamurthy, under due identification. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 79