- 1 - HC-KAR NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No. 267 OF 2017 C/W CRIMINAL REVISION PETITION NO. 268 OF 2017 IN CRL.RP No. 267/2017 BETWEEN: A MALLESHAPPA S/O BASAVANNAPPA AGED 67 YEARS, GRAMA PANCHAYATH SECRETARY, CHIKKANGALA GRAMA PANCHAYATH R/O BEHIND KOTE RAMAMANDIRA, BANAVARAJ ARASIKERE TALUK &PETITIONER (BY SRI SHUBHAM ANAND MISHRA, FOR SRI KAPIL DIXIT, ADVOCATES) AND: THE STATE BY KADUR POLICE KADUR DISTRICT, CHIKKAMAGALUR PIN 3 577548 REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE 3 560 001 &RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017 COMMON JUDGMENT DATED 5.11.2016 PASSED BY THE II ADDITIONAL SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.No.118/2013 (WHICH WAS CLUBBED WITH CRL.A.NO.124/2013) BY WHICH THE SAID APPEAL FILED BY THE PETITIONER IS DISMISSED AND FURTHER TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 6.02.2013 PASSED BY THE SR. CIVIL JUDGE AND J.M.F.C., KADUR IN C.C.NO.45/2006 AND ACQUIT THE ACCUSED. IN CRL.RP NO. 268/2017 BETWEEN: A MALLESHAPPA S/O BASAVANNAPPA AGED 67 YEARS, GRAMA PANCHAYATH SECRETARY CHIKKANGALA GRAMAN PANCHAYATH KADUR TALUK R/O BEHIND KOTE RAMAMANDIRA BANAVARAJ ARASIKERE TALUK ...PETITIONER (BY SRI SHUBHAM ANAND MISHRA AND SRI KAPIL DIXIT, ADVOCATES) AND: THE STATE BY KADUR POLICE KADUR DISTRICT CHIKKAMAGALUR-577548, REPRESENTED BY S.P.P., HIGH COURT BUILDING, BANGALORE-560001 ...RESPONDENT (BY SRI NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER) - 3 - HC-KAR NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE COMMON JUDGMENT DATED 04.11.2016 PASSED BY THE II ADDL. SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.No.117/2013 (WHICH WAS CLUBBED WITH CRL.A.No.112/2013) BY WHICH THE SAID APPEAL FILED BY THE PETITIONER IS DISMISSED AND FURTHER TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 06.02.2013 PASSED BY THE SENIOR CIVIL JUDGE AND J.M.F.C., KADUR IN C.C.No.46/2006 AND ACQUIT THE ACCUSED. THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard learned counsel for the revision petitioner/accused No.1 and learned High Court Government Pleader. 2. At the outset, learned counsel for the revision petitioner/accused No.1 would submit that this Court has already disposed of a matter in respect of the very same crime number insofar as accused No.2 is concerned in Crl.RP.No.148/2017 by considered judgment dated 18.12.2021 and would submit that similar orders be passed insofar as the present revision petitioner/accused No.1 is concerned showing the concession in respect of the sentence. - 4 - HC-KAR NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017 3. In Crl.RP.No.268/2017, the revision petitioner/accused No.1 is the Secretary of Chikkangala Grama Panchayath, Kadur Taluk, Chikkamagaluru District. In respect of accused No.2 in Crl.RP.No.149/2017, this Court has reduced period of sentence from two years to one and half year by enhancing the fine amount in a sum of Rs.10,000/-. 4. Since accused No.1/revision petitioner has surrendered before the Trial Court and this Court has already taken the view in respect of accused No.2 in both the cases to reduce the period of imprisonment on the ground of parity, present revision petitioner/accused No.1 also be extended the similar benefit. 5. Accordingly, the following: ORDER (i) Crl.RP.No.267/2017 and Crl.RP.No.268/2017 are allowed in part in terms of the orders dated 18.12.2021 passed by this Court in Crl.RP.No.148/2017 and Crl.RP.No.149/2017. (ii) While maintaining the conviction of the revision petitioner/accused No.1 in both these matters - 5 - HC-KAR NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017 for the offences punishable under Section 409 and 420 r/w Section 34 of Indian Penal Code, sentence ordered by the learned Trial Magistrate, confirmed by the First Appellate Court, imposing two years rigorous imprisonment for the offence punishable under Section 409 of Indian Penal Code and two years of simple imprisonment for the offence punishable under Section 420 of Indian Penal Code is reduced to one and half years simple imprisonment by enhancing the fine amount in a sum of Rs.10,000/-. (iii) The revision petitioner/accused No.1 is entitled for the benefit of set off under Section 428 of Criminal Procedure Code. (iv) The revision petitioner/accused No.1 is given time to deposit the balance fine amount before the Trial Court till 21.03.2026. - 6 - HC-KAR NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017 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.: 1 Sl No.: 89