- 1 - HC-KAR NC: 2026:KHC:1690 CRL.RP No. 80 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 80 OF 2019 BETWEEN: STATE BY SOMWARPET POLICE REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-1. …PETITIONER (BY SRI M.V. ANOOP KUMAR, HCGP) AND: SRI P.S. SHAMBHU @ KUSHALAPPA S/O SUBBAIAH R/O IGOODLU VILLAGE AND POST SOMWARPET - 571 236. …RESPONDENT THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO MODIFY THE JUDGMENT AND ORDER DATED 04.08.2018 IN CRL.A.NO.39/2014 PASSED BY THE PRL.DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI, CONFIRMING THE JUDGMENT OF CONVICTION OF SENTENCE BY IMPOSING PROPER AND ADEQUATE SENTENCE ON THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 326 OF IPC, BY ALLOWING THIS CRL.RP. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1690 CRL.RP No. 80 of 2019 ORAL ORDER 1. Petitioner/State is before this Court in this Criminal Revision Petition filed under Section 397 read with Section 401 of Cr.P.C. with a prayer to enhance the sentence passed against the respondent in CC No.700/2011 by the Court of Principal Civil Judge and JMFC, Somwarpet, by judgment and order dated 02.04.2014, which was confirmed in Crl.A.No.39/2014 preferred by the State under Section 377(A) of Cr.P.C. by the Court of Principal District and Sessions Judge, Kodagu - Madikeri, by judgment and order dated 04.08.2018. 2. Heard the learned HCGP appearing on behalf of the petitioner/State. 3. Respondent herein was charge sheeted for the offences punishable under Sections 326 and 506 of IPC by Somwarpet Police Station, Kodagu District and was tried for the charge sheeted offences in CC No.700/2011 by the Court of Principal Civil Judge and JMFC, Somwarpet. The Trial Court vide its judgment and order dated 02.04.2014 convicted the respondent in CC No.700/2011 for the aforesaid offences. For the offence punishable under Section 326 of IPC, the Trial Court - 3 - HC-KAR NC: 2026:KHC:1690 CRL.RP No. 80 of 2019 sentenced the respondent to undergo rigorous imprisonment for a period of one year and pay fine of Rs.3,000/- and in default, to undergo simple imprisonment for period of one month. For the offence punishable under Section 506 of IPC, respondent was directed to undergo rigorous imprisonment for a period of six months and pay fine of Rs.2,000/- and in default to undergo simple imprisonment for a period of one month. Being not satisfied with the sentence imposed by the Trial Court, State had preferred Crl.A.No.39/2014 before the Court of Principal District and Sessions Judge, Kodagu-Madikeri, which was dismissed by the Appellate Court by judgment and order dated 04.08.2018. It is under these circumstances, the petitioner/State is before this Court. 4. Learned HCGP having reiterated the grounds urged in the petition submits that both the Courts were lenient in passing the order of sentence against the respondent. The prosecution has made out a prima facie case against the respondent and the Trial Court having convicted the respondent for the offence punishable under Section 326 of IPC was not justified in - 4 - HC-KAR NC: 2026:KHC:1690 CRL.RP No. 80 of 2019 sentencing him to undergo rigorous imprisonment for a period of one year for the said offence. 5. Perusal of the material on record would go to show that PW1/Subbaiah and PW2/Chandana are the parents of the petitioner herein. The allegation against the petitioner is that in the incident in question that had taken place on 26.01.2011 at Iggodlu village of Somwarpet, respondent/accused had voluntarily caused grievous hurt to PW1 by assaulting him with a knife and also had threatened him with dire consequences and thereby had committed the charge sheeted offences. 6. The material on record would go to show that accused had examined his wife/Rajani as DW1. She has deposed that in the incident in question she also had suffered fracture injuries for which she was treated in the Hospital. However, she had failed to produce necessary medical documents to prove the injuries suffered by her. The material on record would also go to show that PW1, PW2 and the respondent herein were all residing together along with other members of the family and it appears that there was a dispute between the parents and the son with regard to partitioning the property. The incident in - 5 - HC-KAR NC: 2026:KHC:1690 CRL.RP No. 80 of 2019 question appears to have taken place in the background of the aforesaid dispute. The Trial Court having appreciated that respondent/accused is a married man having children and also taking into consideration that he is an able bodied person, having convicted him for the offences punishable under Sections 326 and 506 of IPC, had sentenced him to undergo rigorous imprisonment for a period of one year and pay fine. 7. The Appellate Court having re-appreciated the evidence and also having taken into consideration the reasoning assigned by the Trial Court for imposing a lesser punishment on the respondent/accused by the Trial Court, has rightly dismissed Crl.A.39/2014 filed by the State. I do not find any legality or irregularity in the order of sentence passed by the Trial Court against the respondent herein having regard to the allegations made against him in the charge sheet, relationship between the parties and also pending civil disputes between them. It is not in dispute that respondent is a married man having children and he is required to take care of them. Respondent has already served the sentence long back and therefore, I am of the opinion that this Criminal Revision - 6 - HC-KAR NC: 2026:KHC:1690 CRL.RP No. 80 of 2019 Petition does not merit consideration. Accordingly, the same is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 4