- 1 - HC-KAR NC: 2026:KHC:6898 CRL.RP No. 306 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 306 OF 2017 BETWEEN: A.R. SRINIVAS EDITOR OF PUBLISHER OF MANNINA VASANE WEEKLY NEWSPAPER S.M.B.ROAD, SAGAR CITY SHIVAMOGGA DISTRICT - 577 401. …PETITIONER (BY SRI S.V. PRAKASH, ADV.) AND: 1. SMT. SAROJA HEGDE W/O RAGHUPATHI HEGDE AGED ABOUT 53 YEARS R/O JOG ROAD SAGAR TOWN - 577 401 SHIVAMOGGA DISTRICT SINCE DEAD BY LRS. 1a. VINAYAKA HEGDE S/O LATE RAGHUPATHY HEGDE AND LATE SAROJA HEGDE AGED ABOUT 45 YEARS. 1b. LAKSHMIKANTHA S/O LATE RAGHUPATHY HEGDE AND LATE SAROJA HEGDE AGED ABOUT 43 YEARS. BOTHE ARE RESIDING AT "ANUGRAH" 3RD CROSS 3RD MAIN ROAD PRIYADARSHINI ECTENSION SHIVAMOGGA CITY - 577 201 SHIVAMOGGA DISTRICT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6898 CRL.RP No. 306 of 2017 …RESPONDENTS (BY SRI SAMPANGIRAMAIAH, AMICUS CURIAE V/O DTD:01.02.2024; R-1a SERVED; R-1b SERVED) THIS CRL.RP IS FILED U/S.397 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 27.12.2016 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA (SITTING AT SAGAR) IN CRL.A.NO.216/2013 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 04.08.2013 PASSED BY THE CIVIL JUDGE (JR. DN.) AND J.M.F.C., SAGAR IN C.C.NO.621/2006 SENTENCING THE PETITIONER TO UNDERGO S.I. FOR 3 MONTHS AND PAY FINE OF RS.1,000/-, IN DEFAULT TO UNDERGO S.I. FOR 20 DAYS FOR THE OFFENCE P/U/S 501 OF IPC AND SENTENCING HIM TO UNDERGO S.I. FOR 6 MONTHS AND PAY FINE OF RS.1,000/-, IN DEFAULT TO UNDERGO S.I. FOR 20 DAYS FOR THE OFFENCE P/U/S 502 OF IPC.2)DISMISS THE COMPLAINT FILED BY THE COMPLAINANT IN C.C.NO.621/2006 ON THE FILE OF LRD. PRINCIPAL CIVIL JUDGE AND J.M.F.C., SAGAR. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused is before this Court in this criminal revision petition filed under Sections 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated 04.08.2013 passed in CC.No.621/2006 by the Court of Prl. Civil Judge (Jr.Dn.) & JMFC, Sagar, and the judgment and order dated 27.12.2016 passed by the Court of V Addl. District & Sessions Judge, Shivamogga, sitting at Sagar, in Crl.A.No.216/2013. - 3 - HC-KAR NC: 2026:KHC:6898 CRL.RP No. 306 of 2017 2. Heard. 3. Respondent herein had filed a private complaint against the petitioner before the jurisdictional Court of Magistrate and after recording the sworn statement of the complainant, cognizance was taken against the petitioner for the offences punishable under Sections 499, 500, 501 & 502 of IPC. Since the petitioner had claimed to be tried before the Trial Court, the complainant had examined herself as PW-1 and had got marked one document as Ex.P-1. On behalf of the defence, no oral or documentary evidence was placed on record. 4. The Trial Court after hearing the arguments addressed on both sides, had convicted and sentenced the petitioner for the offences punishable under Sections 501 & 502 of IPC. For the offence punishable under Section 501 of IPC, petitioner was sentenced to undergo simple imprisonment for a period of three months and pay fine of Rs.1,000/- and in default to undergo simple imprisonment for a period of 20 days. For the offence punishable under Section 502 of IPC, petitioner was sentenced to undergo simple imprisonment for a period of six months and - 4 - HC-KAR NC: 2026:KHC:6898 CRL.RP No. 306 of 2017 pay fine of Rs.1,000/- and in default to undergo simple imprisonment for a period of 20 days. The said judgment and order of conviction and sentence passed in CC.No.621/2006 by the Trial Court was confirmed in Crl.A.No.216/2013 by the Court of V Addl. District & Sessions Judge, Shivamogga, sitting at Sagar, by judgment and order dated 27.12.2016. It is under these circumstances, petitioner is before this Court. 5. Complainant is the wife of one Raghupathi Hegde. After the death of her husband, petitioner had published a defamatory news article in his Kannada Weekly Newspaper "Mannina Vasane". In the said publication, allegedly petitioner had stated that the complainant was the cause for the death of her husband and she had extra-marital relationship with some person. The copy of the paper publication was produced as Ex.P-1, and the Trial Court after quoting certain lines from the said publication, has held that the said publication prima facie amounts to defaming the complainant and the publication carried certain imputations which is likely to cause harm to the reputation of the respondent-complainant. Petitioner had failed to prove that the publication was made by him in good faith or - 5 - HC-KAR NC: 2026:KHC:6898 CRL.RP No. 306 of 2017 he has taken sufficient care to verify the veracity of the genuineness of the allegations made in the publication. 6. It is not in dispute that the petitioner is the Editor and Owner of the weekly newspaper 'Mannina Vasane", in which defamatory article was published. Under the circumstances, I am of the opinion that the Trial Court was fully justified in convicting the petitioner for the offences punishable under Sections 501 & 502 IPC. 7. The Appellate Court having re-appreciated the oral and documentary evidence placed on record, has rightly confirmed the judgment and order of conviction passed by the Trial Court. I do not find any illegality or irregularity in the judgment and order of conviction passed by the courts below which calls for interference by this Court in exercise of its revisional jurisidiction. 8. So far as the order of sentence is concerned, it is found that the publication was issued on 14.09.2001. More than 24 years have lapsed ever since then. Petitioner is said to be now aged about 75 years. For the offences punishable under - 6 - HC-KAR NC: 2026:KHC:6898 CRL.RP No. 306 of 2017 Sections 501 & 502 IPC, the accused can be sentenced with imprisonment or with fine. Considering the age of the petitioner as well as the age of the case, I am of the opinion that at this juncture, it would not be necessary to send the petitioner behind bars. Therefore, if the impugned order of sentence passed by the courts below is modified by enhancing the amount of fine imposed on the petitioner, the same would serve the ends of justice. Accordingly, the following order: 9. Criminal revision petition is allowed in part. The judgment and order of conviction dated 04.08.2013 passed in CC.No.621/2006 by the Court of Prl. Civil Judge (Jr.Dn.) & JMFC, Sagar, and the judgment and order of conviction dated 27.12.2016 passed by the Court of V Addl. District & Sessions Judge, Shivamogga, sitting at Sagar, in Crl.A.No.216/2013, are confirmed. The order of sentence passed by the courts below is modified. For the offence punishable under Section 501 IPC, petitioner is sentenced to pay fine of Rs.5,000/- and in default to undergo simple imprisonment for a period of two months. For the offence punishable under Section 502 IPC, petitioner is - 7 - HC-KAR NC: 2026:KHC:6898 CRL.RP No. 306 of 2017 sentenced to pay fine of Rs.5,000/- and in default to undergo simple imprisonment for a period of two months. Sd/- (S VISHWAJITH SHETTY) JUDGE KK