- 1 - HC-KAR NC: 2026:KHC:22123 CRL.RP No. 1347 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1347 OF 2018 (397(Cr.PC) / 438(BNSS)) BETWEEN: SRI RAJESH S/O PUTTASWAMAIAH AGED ABOUT 34 YEARS COMPUTER OPERATOR, DISTRICT HOSPITAL TUMAKURU – 572101. …PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH TUMAKURU TOWN POLICE STATION, HASSAN REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SRI. K.NAGESHWARAPPA, HCGP) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND THE ORDER DATED 17.11.2018, PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT TUMAKURU, IN CRL.A.NO.11/2015, AND ALSO THE ORDER DATED 06.01.2015, PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND CJM AT TUMAKURU IN C.C.NO.45/2014, AND CONSEQUENTLY ACQUIT THE PETITIONER. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22123 CRL.RP No. 1347 of 2018 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Suyog Herele E., learned counsel for the revision petitioner and Sri K. Nageshwarappa, learned High Court Government Pleader for the respondent/State. 2. Revision Petitioner is the accused who has been convicted for the offence punishable under Section 354 of Indian Penal Code in C.C.No.45/2014, confirmed in Crl.A.No.11/2015. 3. At the outset, Sri Suyog Herele would submit that even according to the case of the prosecution, petitioner held the hands of the victim/PW1 and tried to remove the scarf on the face. 4. PW1 being the Muslim woman had covered her face with the traditional clothe and when the accused tried to remove the clothe on the face, she has raised hue and cry and others have gathered there and the complaint came to be lodged. - 3 - HC-KAR NC: 2026:KHC:22123 CRL.RP No. 1347 of 2018 5. Sri Suyog Herele would submit that since the accused is a first time offender having a family to maintain, this Court may consider the submission that the fine may be enhanced which can be paid as compensation to PW1 by setting aside the imprisonment. 6. Per contra, Sri K. Nageshwarappa, learned High Court Government Pleader opposes the said submission. 7. Taking note of the attendant facts and circumstances of the case and the material evidence placed on record, hardly there is any scope to set aside the order of conviction as the statement of the victim/PW1 would be sufficient enough to maintain the order of conviction in a matter of this nature. Accordingly, conviction is to be maintained. 8. However, taking note of the fact that the petitioner is a first time offender and is a data entry operator in Government Hospital, Tumakuru, wherein PW1 visited for taking the X-ray. 9. Further taking note of the fact that the petitioner is a family person having a family to maintain, if the order of sentence is modified by directing the petitioner to undergo - 4 - HC-KAR NC: 2026:KHC:22123 CRL.RP No. 1347 of 2018 simple imprisonment for the day till the raising of the Court and to pay enhanced fine amount of Rs.50,000/- portion of which can be paid as compensation to PW1, ends of justice would be met. 10. Accordingly, the following: ORDER (i) Revision petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence punishable under section 354 of Indian Penal Code, sentence ordered by the learned Trial Magistrate, confirmed by the First Appellate Court is modified by directing the petitioner to undergo simple imprisonment for the day till the raising of the Court and to pay enhanced fine amount Rs.50,000/- on or before 20.05.2026. (iii) On receipt of the fine amount sum of Rs.40,000/- is ordered to be paid as compensation to PW1 under due identification. - 5 - HC-KAR NC: 2026:KHC:22123 CRL.RP No. 1347 of 2018 (iv) Failure to pay the enhanced fine amount on or before 20.05.2022, the order of sentence passed by the learned Trial Magistrate, confirmed by the First Appellate Court stand restored automatically. (v) 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 MR List No.: 2 Sl No.: 64