- 1 - HC-KAR NC: 2026:KHC:20421 CRL.RP No. 1357 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1357 OF 2022 BETWEEN: 1. PRASHANTH S/O MOHAN NAYAK AGED ABOUT 38 YEARS R/AT NO.49/A TOWNSHIP DHANDELI UTTARA KANNADA DISTRICT PIN - 581 325. 2. KUMARESHAN S/O RAJU K AGED ABOUT 37 YEARS R/AT NO.67, GOPAL STREET RAMA REDDYURU JOLARPET VELORE DISTRICT TAMIL NADU - 635 851 …PETITIONERS (BY SRI. RAJU C.N., ADVOCATE) AND: STATE BY THIRUMALASHETTYHALLI POLICE BANGALORE RURAL DISTRICT REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20421 CRL.RP No. 1357 of 2022 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION PASSED IN C.C.NO.253/2016 DATED 16.07.2019 PASSED BY THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., HOSAKOTE AND IN CRL.A.NO.92/2019 DATED 08.08.2022 PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCE P/U/S 354(A)(2) R/W 34 OF IPC BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. C.N. Raju, learned counsel for the petitioners and Sri. K. Nageshwarappa, learned High court Government Pleader. 2. Petitioners are the accused Nos.2 and 3, who suffered an order of conviction before the Additional Civil Judge and JMFC, Hosakote in CC No.253/2016 for the offences punishable under Section 354-A(2) read with - 3 - HC-KAR NC: 2026:KHC:20421 CRL.RP No. 1357 of 2022 Section 34 of the Indian Penal Code and under Section 504, read with Section 34 of the Indian Penal Code. 3. Order of conviction and sentence was subject matter before the First Appellate Court in Criminal Appeal No.92/2019. 4. Learned Judge in the First Appellate Court, after considering the rival contentions in the light of the appeal grounds, upheld the Order of conviction, but reduced the sentence of two years rigorous imprisonment to six months rigorous imprisonment. 5. Being further aggrieved by same, accused nos.2 and 3 are before this Court as first accused said to have died. 6. At the outset Sri. C.N. Raju would contend that even according to the case of the prosecution, the allegations against the present petitioners are not that of outraging the modesty of the victim lady. But they have supported the first accused in their in his act. - 4 - HC-KAR NC: 2026:KHC:20421 CRL.RP No. 1357 of 2022 7. He would further contend that on the day when the alleged incident has taken place, fifteen employees were removed from the roles who were working as helpers/attenders in a mall namely Robe Mall Apparels Private Limited. 8. As a retaliation, a false complaint came to be filed by the complainant in the case on hand and therefore sought for allowing the revision petition. 9. Alternatively, Sri C.N. Raju would submit that in the event this Court upholding the Order of conviction, taking note of the fact that petitioners are married persons and are having family to maintain with young children, sentence modified by the First Appellate Court may be further modified by directing the petitioners to undergo simple imprisonment for the day by enhancing the fine amount which can be paid as compensation to victim and thus sought for allowing the revision petition. - 5 - HC-KAR NC: 2026:KHC:20421 CRL.RP No. 1357 of 2022 10. Per contra, Sri. K. Nageshwarappa, learned High Court Government Pleader opposes the submissions made on behalf of the revision petitioners. 11. He would further contend that PW1 has specifically stated before the Court on oath about the role played by the present petitioners and Order of conviction came to be recorded with the aid of Section 34 of the Indian Penal Code and therefore contentions urged on behalf of the revision petitioner that the petitioners are no way connected with the offence under Section 354-A of the Indian Penal Code cannot be countenanced in law and thus sought for dismissal of the revision petition. 12. 12. Having heard the arguments of both sides this Court perused the material on record meticulously. 13. On such perusal of the material on record, PW1 being the victim lady specifically stated that she was working as an attender in Robe Mall Apparels Private - 6 - HC-KAR NC: 2026:KHC:20421 CRL.RP No. 1357 of 2022 Limited situated at Soukhya Road within the limits of Thirumala Shetty Police Station. 14. She has specifically deposed that three months earlier to 24.02.2015, PW1 had requested for a day's leave on the ground that her child was not well. Accused No.1 said to have told her that leave would be sanctioned provided she gets adjusted with first accused. When she refused to yield to the illegal request made by the first accused, she was harassed by all the accused persons. 15. It is specific case that first accused behaved with her in an unrighteous manner which would per se attract the ingredients of the offence under Section 354A(2) of the Indian Penal Code. 16. Present petitioners being the accused Nos.2 and 3 in furtherance of the instructions given by the accused No.1, also misbehaved with PW1 and thereby all of them are responsible for the offence punishable under Section - 7 - HC-KAR NC: 2026:KHC:20421 CRL.RP No. 1357 of 2022 354A(2) and Section 504 read with Section 34 of the Indian Penal Code. 17. In a matter of this nature, oral testimony of the victim if it inspires confidence in the Court, the Court can act on such an oral testimony alone without seeking for corroboration. 18. In the case on hand, oral testimony of PW1 was sufficient enough to bring home the guilt of the accused persons. 19. As a rule of prudence, Trial Magistrate has also taken note of the corroboratory evidence placed on record while appreciating the case of the prosecution and then convicted the accused for offence under Section 354A(2) and Section 504 read with Section 34 of the Indian Penal Code. 20. The order of conviction and sentence of the Trial Magistrate was subject matter of the appeal before the First Appellate Court in Crl.Appeal No.92/2019. - 8 - HC-KAR NC: 2026:KHC:20421 CRL.RP No. 1357 of 2022 21. Learned Judge in the First Appellate Court on re-appreciation of the material evidence on record has modified the order of conviction and sentence. 22. Learned Judge in the First Appellate Court set aside the order of conviction for the offence under Section 504 of the Indian Penal Code whereas upheld the order of conviction of all the accused persons for the offence under Section 354A(2) read with Section 34 of the Indian Penal Code and modified sentence, which would depict that First Appellate Court has applied judicial mind while considering the case of accused persons. 23. First accused being no more, petitioners are before this Court. 24. Taking note of the attendant facts and circumstances of the case and primary action was attributable to the accused No.1, and also taking note of the fact that the petitioners are first time offenders and are having family to maintain, this Court is of the - 9 - HC-KAR NC: 2026:KHC:20421 CRL.RP No. 1357 of 2022 considered opinion that if the order of conviction is upheld and sentence is further modified by directing the petitioners to undergo simple imprisonment for the day till the rising of the Court by enhancing the fine amount in a sum of Rs.40,000/- each, which can be paid as compensation to the PW1, ends of justice would be met in the attendant facts and circumstances of the case. 25. Accordingly, following order: ORDER (i) Criminal Revision Petition is allowed-in-part. (ii) While maintaining the order of conviction of the revision petitioners for the offence under Sections 354A(2) and Section 504 read with Section 34 of the Indian Penal Code, the sentence modified by the First Appellate Court is further modified. (iii) Sentence of six months rigorous imprisonment ordered by the First Appellate Court is further modified by directing the petitioners to undergo simple imprisonment for the day till the rising of - 10 - HC-KAR NC: 2026:KHC:20421 CRL.RP No. 1357 of 2022 the Court by directing them to pay enhanced fine amount of Rs.40,000/- each on or before 10.05.2026. (iv) On receipt of the enhanced fine amount, entire sum of R.80,000/- is ordered to be paid as compensation to PW1 under due identification. (v) Failure to pay the enhanced fine amount on or before 10.05.2026, petitioners shall undergo rigorous imprisonment as ordered by First Appellate Court for the proved offence under Section 354A(2) read with Section 34 of the Indian Penal Code. (vi) Office is directed to return the Trial Court Records with copy of this Order forthwith for issue of modified conviction warrant. SD/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 24