- 1 - HC-KAR NC: 2026:KHC:15731 CRL.RP No. 1279 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1279 OF 2018 (397(Cr.PC) / 438(BNSS)-) BETWEEN: STATE BY SARGURU POLICE STATION SARGURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-01 &PETITIONER (BY SRI. K. NAGESHWARAPPA., HCGP .,ADVOCATE) AND: 1. DEVENDRA KUMAR SONI S/O BASANTHILAL SONI AGED ABOUT 61 YEARS RESIDING AT CHOPAT VILLAGE ALIRAJ PUR DISTRICT. 457887 MADHYA PRADESH STATE 2. MOR SINGH S/O DIPLA AGED ABOUT 33 YEARS RESIDING AT BAMORI VILLAGE KUKSHI TALUK, DHAR DISTRICT, MADHYA PRADESH-454331 3. DINESH THAKUR S/O PUL SINGH AGED ABOUT 33 YEARS RESIDING AT BAMORI VILLAGE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15731 CRL.RP No. 1279 of 2018 KUKSHI TALUK, DHAR DISTRICT MADHYA PRADESH-454221 4. MOHAN S/O CHETU @ TER SINGH AGED ABOUT 48 YEARS RESIDING AT BAMORI VILLAGE KUKSHI TALUK, DHAR DISTRICT, MADHYA PRADESH-454221 5. CHOTA MOHAN @ KOR SINGH S/O SURAJ AGED ABOUT 43 YEARS RESIDING AT JULAVANI VILLAGE BAGA TALUK, DHAR DISTRICT MADHYA PRADESH-454221 6. SHIVA @ SHIVA NARAYANA S/O RAMADCHANDRA SHARMA AGED ABOUT 51 YEARS RESIDING AT MANGALI VILLAGE SANWER TALUK, INDORE DISTRICT MADHYA PRADESH-453551 7. HARI SINGH S/O LATE MUNNA AGED ABOUT 37 YEARS RESIDING AT DEVAD VILLAGE KUKSHI TALUK, DHAR DISTRICT, MADHYA PRADESH -454331 8. RAJENDRA PURI S/O JAGADISH PURI AGED ABOUT 40 YEARS RESIDING AT HAVUD VILLAGE SANWER TALUK, INDORE DISTRICT MADHYA PRADESH-454331 &RESPONDENTS (BY SRI. SRINIVASA D.C., ADVOCATE FOR R1; V/O/D 19.02.2025 SUYOG HERELE E 3 AMICUS CURIAE FOR R6 & R8 - 3 - HC-KAR NC: 2026:KHC:15731 CRL.RP No. 1279 of 2018 V/O DTD. 12/03/26, PETITION IS DISMISSED AS AGAINST R2 TO R5 & R7) THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 02.07.2018 PASSED IN CRIMINAL APPEAL NO.126/2017 ON THE FILE OF THE COURT OF VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU SITTING AT HUNSUR AND ETC. THIS CRL.RP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.K.Nageshwarappa., learned High Court Government Pleader and Sri.Suyog Herele.E., learned Amicus Curiae for respondents No.6 and 8. 2. The State is the revision petitioner challenging the order of First Appellate Court passed in Crl.A.No.126 of 2017 connected with Crl.A.No.29 of 2018 questioning the inadequacy of the sentence passed by the trial Magistrate modified by the First Appellate Court. 3. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under: - 4 - HC-KAR NC: 2026:KHC:15731 CRL.RP No. 1279 of 2018 3.1 Sargur Police Station filed a chargesheet against the respondent-accused for the offences punishable under Section 457 and 380 of IPC. The presence of the accused persons were secured and they pleaded guilty before the trial Magistrate and learned trial Judge, acting under Section 241 of the Cr.P.C., convicted the accused for offences under Section 457 and 380 of IPC and ordered two years imprisonment and fine of Rs.2000/- each. 3.2 The State filed an appeal against the inadequacy of the sentence passed by the learned trial Judge in Crl.A.No.126 of 2017. The accused also filed an appeal in Crl.A. No. 29 of 2018. 3.3 The learned Judge of the First Appellate Court, after securing the records, heard the arguments of both parties in detail, allowed the appeals filed by both parties and modified the sentence ordered by the trial Magistrate by reducing the imprisonment from two years to one year and six months, and the fine from Rs.2,000/- to Rs.1,500/-. - 5 - HC-KAR NC: 2026:KHC:15731 CRL.RP No. 1279 of 2018 3.4 Being further aggrieved by the same, the State has preferred the present revision petition. 4. Sri.K.Nageshwarappa, learned High Court Government Pleader, reiterating the grounds urged in the petition, contended that approach of the First Appellate Court reducing the sentence of imprisonment and the fine amount, has resulted in miscarriage of justice, especially when the accused had pleaded guilty. 5. He would further contend that no mitigating circumstances were placed on record on behalf of the accused to justify the reduction in the quantum of sentence of imprisonment and fine amount and therefore sought for admission of the revision petition for further consideration. 6. Per contra, learned Amicus Curiae supports the impugned order. 7. Having heard the arguments of both sides, this Court perused the material on record meticulously. On - 6 - HC-KAR NC: 2026:KHC:15731 CRL.RP No. 1279 of 2018 such perusal of the material on record, learned Judge of the First Appellate Court, while discussing the merits of both the cases, has noted that the conviction under Section 241 of the Cr.P.C., on account of the accused person pleading guilty, the main offence alleged against the accused namely, offence under Section 380 of IPC for which the maximum imprisonment is seven years and with fine and for the offence under Section 457 of IPC maximum imprisonment is five years and with fine. 8. First Appellate Court also noted that the amount involved in the theft was sum of Rs.4,500/- from the medical shop and therefore it is a fit case to reduce the quantum of sentence and fine. 9. Learned Judge in the First Appellate Court has assigned proper reasons for reducing the quantum of sentence period and the fine amount and therefore there is a sound exercise of judicial discretion, taking note of the fact that the stolen cash is to the tune of Rs.4,500/-. - 7 - HC-KAR NC: 2026:KHC:15731 CRL.RP No. 1279 of 2018 10. Thus, this Court does not find any good ground to admit the revision petition for further consideration, as in the considered opinion of this Court, the modification of the sentence ordered by the trial Magistrate is adequate and appropriate having regard to the attendent facts and circumstance of the case. 11. Accordingly, following; ORDER The revision petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SR List No.: 1 Sl No.: 18