- 1 - HC-KAR NC: 2026:KHC:30334 CRL.RP No. 415 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.415 OF 2018 (397(Cr.PC) / 438(BNSS) BETWEEN: HARISH POOJARY AGED 35 YEARS S/O LATE NARAYANA POOJARY, R/O BOLIYA SITE, KULAVOOR VILLAGE, BAJPE, MANGALORE TALUK – 575 014 D.K …PETITIONER (BY SRI. T RADHAKRISHNA SHETTY, ADVOCATE) AND: THE STATE BY KAVOOR POLICE STATION MANGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU -560 001 …RESPONDENT (BY SRI RANJITH KUMAR.N, HIGH COURT GOVERNMENT PLEADER) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE ORDER PASSED BY THE HON'BLE JMFC-II COURT, MANGALORE IN C.C.NO.731/2013 DATED 01.02.2014 AND ORDER PASSED BY THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE IN CRL.A.NO.45/2014 DATED 22.07.2017 AND ACQUIT THE APPELLANT/REVISION PETITIONER. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30334 CRL.RP No. 415 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 T.Radhakrishna Shetty, learned counsel for the revision petitioner and Sri Ranjith Kumar N, learned High Court Government Pleader. 2. This Court adjourned the matter on 30.04.2026. In the earlier hearing, revision petitioner who has suffered an order of conviction for the offence punishable under Section 379 of the Indian Penal Code had undertaken to pay Rs.50,000/- as additional fine so as to modify the sentence. 3. However, since the revision petitioner could not make the payment, matter was adjourned to 16.06.2026. 4. Learned counsel for the revision petitioner Sri Radhakrishna Shetty, has filed the memo on 16.06.2026 alongwith photocopy of the receipt for having deposited a sum of Rs.50,000/-. 5. Learned High Court Government Pleader would submit that since the revision petitioner has paid the sum of - 3 - HC-KAR NC: 2026:KHC:30334 CRL.RP No. 415 of 2018 Rs.50,000/- as additional fine amount and he is a first time offender, suitable orders be passed. 6. Hence, the following: ORDER (i) Revision petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence punishable under Section 379 of the Indian Penal Code in C.C.No.731/2013 on the file of the JMFC (II Court), Mangaluru, sentence ordered by the learned Trial Magistrate confirmed by the First Appellate Court is modified as under: (a) Revision petitioner/accused is directed to pay enhanced fine amount of Rs.50,000/- and period spent in custody shall be treated as period of imprisonment for the proved offence. (b) Since the entire enhanced fine of Rs.50,000/- is already deposited, Revision petitioner/accused who is in jail at Parappana Agrahara, Bengaluru, necessary information be communicated - 4 - HC-KAR NC: 2026:KHC:30334 CRL.RP No. 415 of 2018 to the Jail Superintendent, Parappana Agrahara, Bengaluru, by Registrar (Judicial) to release the revision petitioner, forthwith. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 43