- 1 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 454 OF 2017 C/W CRIMINAL REVISION PETITION NO. 415 OF 2017 IN CRL.RP No. 454/2017 BETWEEN: 1. KEMPEGOWDA S/O MARIYAPPA, AGED ABOUT 40 YEARS, R/OF TB BADAVANE, NAGAMANGALA-571432 2. SHIVALINGAIAH S/O MARIYAPPA, AGED ABOUT 42 YEARS, R/OF TB BADAVANE, NAGAMANGALA-571432 3. BASAVEGOWDA S/O CHIKKAIAH, AGED ABOUT 42 YEARS, R/O MUDALKOPPALU VILLAGE, NAGAMANGALA TALUK-571432 4. SATISH S/O NARASIMHEGOWDA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 AGED ABOUT 42 YEARS, R/O HARAGANAHALLI VILLAGE, NAGAMANGALA TALUK-571432 5. RANGASWAMY S/O SRINIVAS SHETTY, AGED ABOUT YEARS, R/O K.MALLENAHALLI VILLAGE, NAGAMANGALA TALUK-571432 6. SRINIVASA S/O ANJANAPPA, AGED ABOUT 42 YEARS, R/O UPPARAHALLI VILLAGE, NAGAMANGALA TALUK-571432 7. DEVARAJA S/O ADITER DODDEGOWDA, AGED ABOUT 37 YEARS, R/O TUPPASDAMADU VILLAGE, NAGAMANGALA TALUK-571432 8. RUDRESH S/O GUNDAPPA, AGED ABOUT 42 YEARS, R/O TOTALI VILLAGE, NAGAMANGALA TALUK-571432 9. SATHISH @ AUTO SURESHA S/O SHIVANNA, AGED ABOUT YEARS, R/O TOTALI VILLAGE, NAGAMANGALA TALUK-571432 10. BOMBAYSURI - 3 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 S/O SATHYA, R/O TUOOADAMADU VILLAGE, NAGAMANGALA TALUK-571432 11. KUMAR @ CHANNEGOWDA S/O CHANDAPPA, SAREMEGALAKOPPALU VILLAGE, NAGAMANGALA TALUK-571432 12. MALLESH S/O CHANNAMALLAIAH, AGED ABOUT 35 YEARS, R/O UPPARALLI VILLAGE, NAGAMANGALA TALUK-571432 13. RAJEGOWDA S/O SHIVALINGAIAH, AGED ABOUT 38 YEARS, R/O KELGAGUND VILLAGE, NAGAMANGALA TALUK-571432 MANDYA DISTRICT &PETITIONERS (BY SRI. BIPIN HEGDE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY NAGAMANGALA RURAL POLICE-571432 &RESPONDENT (BY SRI.K. NAGESHWARAPPA, HCGP.) THIS CRL.REVISION PETITION FILED U/S.397 R/W 401 CR.P.C, PRAYING TO SET ASIDE THE JUDGMENT - 4 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 PASSED BY THE I ADDL. S.J., MANDYA IN CRL.A.NO.23/2014 AND 28/2014 DATED 21.02.2017 CONFIRMING THE JUDGMENT PASSED BY THE CIVIL JUDGE AND JMFC, NAGAMANGALA IN C.C.NO.805/2003 DATED 30.06.2014 CONVICTING THE PETITIONERS/ACUSED AND SENTENCING THEM TO ONE YEAR IMPRISONMENT FOR OFFENCES P/U/S 143,147,148, 341, 323, 427, 332, 506(2) R/W 149 OF IPC AND TO ACQUIT THE PETITIONERS FROM THE CHARGES LEVELLED AGAINST THEM. IN CRL.RP NO. 415/2017 BETWEEN: 1. MARIGOWDA S/O. LATE. BENNE THIMMEGOWDA, AGED ABOUT 60 YEARS, OCC: AGRICULTURIST, R/AT BOMANNAHALLI, NAGAMANGALA TALUK, MANDYA DISTRICT 571432 2. RAVI @ RAVI KANTHE GOWDA S/O. GANGADHARA GOWDA, AGED ABOUT 37 YEARS, OCC: AGRICULTURIST, KARIGERE VILLAGE, NAGAMANGALA TALUK, MANDYA DISTRICT-571432 ...PETITIONERS (BY SMT. TEJASWINI V., ADVOCATE FOR - 5 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 SRI. SHANKARAPPA S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY NAGAMANGALA RURAL PS, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE 560001 ...RESPONDENT (BY SRI.K. NAGESHWARAPPA, HCGP.) THIS CRL.REVISION PETITION FILED U/S.397 R/W 401 CR.P.C, PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION FOR THE OFFENCE P/U/S 143,147,148,341, 323,332,427,506(2) R/W 149 OF IPC IN C.C.NO.805/2003 DATED 30.06.2014 ON THE FILE OF CIVIL JUDGE AND J.M.F.C., NAGAMANGALA AND CRL.A.NO.27/2014 DATED 21.02.2017 ON THE FILE OF I ADDL. SESSIONS JUDGE, MANDYA AND THE PETITIONERS MAY BE ACQUITTED. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Bipin Hegde, learned counsel for the revision petitioners in Crl.RP.No.454/2017, Ms. Tejaswini, learned counsel for the revision petitioners in - 6 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 Crl.RP.No.415/2017 and Sri. K. Nageshwarappa, learned HCGP for the respondent in both the matters. 2. These two revision petitions arise out of the order of conviction recorded in C.C.No.805/2003 confirmed in Criminal Appeal Nos.23/2014, 27/2014 and 28/2014. 3. Facts in the nutshell which are utmost necessary for disposal of the present revision petitions are as under: A charge sheet came to be filed by Nagamangala Rural Police against the revision petitioners and others for the offences punishable under Sections 143, 147, 148, 341, 332, 323, 427 and 506(2) r/w Section 149 of IPC. 4. The gist of the charge sheet material would include that in respect of a President and Vice-President election of Haradanahalli Village, all the accused persons formed an unlawful assembly and hijacked the election process and pelted stones. When the election was - 7 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 postponed by the returning officer, they got enraged further and attacked the returning officer, they damaged the government jeep and also gave the returning officer a life threat. 5. On receipt of charge sheet, cognizance was taken and presence of the accused persons was secured before the Trial Magistrate and a plea was recorded. The accused pleaded not guilty. Therefore, trial was held. 6. After due trial, the learned Trial Judge convicted the accused for the aforesaid offences and for the offence under Section 332 of IPC, imposing one year of simple imprisonment, and for other offences also imposed a fine and imprisonment. All these sentences were ordered to run concurrently. 7. Being agreed by the same, three appeals came to be filed as referred to supra. 8. Learned Judge in the First Appellate Court, after securing the records, heard the arguments of the parties - 8 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 and by impugned common judgment dated 21.02.2017 dismissed the appeals filed by the accused persons and confirmed the order of conviction and sentence. 9. Being further aggrieved by the same, accused Nos.1 to 15 have preferred the above revision petitions. During the pendency of these revision petitions, Accused Nos.3 and 14 have died. 10. Sri Bipin Hegde and Ms. Tejaswini, learned counsel appearing for the revision petitioners, reiterating the grounds urged in the revision petitions, vehemently contended that no injury has been caused to the returning officer by pelting the stones as is propounded by the prosecution. 11. Further, they would contend that even according to the prosecution, the incident has occurred after declaring that the election is postponed and coming out of the office, and therefore, the main ingredients to attract the offence under Section 332 of IPC that a - 9 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 government servant was prevented from discharging his official work, get into insignificance. Therefore, the main offence for which one year imprisonment is ordered by Trial Magistrate confirmed by the First Appellate Court needs to be set aside by imposing the fine. 12. Per contra, Sri Nageshwarappa, learned HCGP supports the interim judgment. 13. He would further contend that the revision petitioners took the law into their hands and pelted stones on the government jeep and restrained from moving further. This itself shows that the ingredients of all the offences are against the revision petitioners, which stands established with cogent and convincing evidence on record, and having regard to the scope of the revision, this Court cannot revisit into the order of conviction and sought for dismissal of the revision petition. 14. Having heard the arguments of both sides, this Court perused the material on record meticulously. - 10 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 15. On such a perusal of the material on record, the presence and participation of the accused persons in the incident are established by placing necessary material evidence on record. 16. Though there is slight force in the argument put forth on behalf of the revision petitioners that offence per se under Section 332 of IPC cannot be held to be proved. But while returning to his office, hijacking the returning officer when he was proceeding in the official jeep itself would be sufficient enough to maintain the conviction of the offence under Section 332 of IPC. Therefore, contentions urged on behalf of the revision petitioners, cannot be countenanced in law that too in the limited revisional jurisdiction. 17. Having said so, taking note of an isolated incident that has occurred in the year 2001 and 25 years have lapsed from the date of the incident that has occurred and the revision petitioners not having any - 11 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 criminal antecedents, if the conviction is maintained and sentence is modified from directing the petitioners to undergo simple imprisonment for a day by asking them to pay the enhanced fine amount in a sum of Rs.35,000/- each for the proved offences, the ends of justice would be met. 18. Accordingly, following: ORDER i) Revision petitions are allowed in part ii) While maintaining the conviction of the accused for the offences punishable under Sections 143, 147, 148, 341, 332, 323, 427 and 506(2) r/w Section 149 of IPC, the sentence ordered by the Trial Magistrate which was confirmed by the First Appellate Court is thereby modified by directing the revision petitioners to undergo simple imprisonment for the day till the rising - 12 - HC-KAR NC: 2026:KHC:14256 CRL.RP No. 454 of 2017 C/W CRL.RP No. 415 of 2017 of the Court and to pay the enhanced fine amount on or before 31.03.2026. iii) If the petitioners fail to pay the enhanced fine amount on or before 31.03.2026, they shall undergo imprisonment as ordered by the Trial Magistrate which was confirmed by the First Appellate Court. iv) Office is directed to return the trial Court records with a copy of this order forthwith for issue of a modified conviction order. SD/- (V SRISHANANDA) JUDGE KTY List No.: 1 Sl No.: 50