- 1 - HC-KAR NC: 2026:KHC:3129 CRL.RP No. 658 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO.658 OF 2017 BETWEEN: SRI. MANJUNATHA M.S S/O SUBBEGOWDA AGED ABOUT 43 YEARS, R/AT MADALAMAKKI VILLAGE, HETHUR HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 571 334. …PETITIONER (BY SRI. PRATHEEP K.C., ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY YESLUR POLICE STATION, HASSAN DISTRICT, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. ANOOP KUMAR M.V., HCGP) THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT DATED 18.04.2017 PASSED BY III ADDL. DIST. AND S.J., HASSAN IN CRL.A.NO.59/2016 AND THE JUDGMENT DATED 29.02.2016 PASSED BY THE SR. CIVIL JUDGE AND J.M.F.C., SAKALESHPURA IN C.C.NO.554/2012 Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3129 CRL.RP No. 658 of 2017 AND ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S 341, 332, 506 OF IPC AND ETC., THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused is before this Court in this criminal revision petition filed under Section 397 r/w Section 401 of Cr.P.C., praying to set aside the judgment and order of conviction and sentence dated 29.02.2016 passed in C.C.No.554/2012 by the Court of Senior Civil Judge and JMFC., Sakaleshpur, and the judgment and order dated 18.04.2017 passed in Crl.A.No.59/2016 by the Court of III Addl. District and Sessions Judge, Hassan. 2. Heard the learned counsel for the parties. 3. The petitioner herein was charge sheeted for offences punishable under Sections 323, 341, 324, 353 and 506 of IPC in Crime No.43/2009 and was tried for the - 3 - HC-KAR NC: 2026:KHC:3129 CRL.RP No. 658 of 2017 alleged offences in C.C.No.554/2012 by the Court of the Senior Civil Judge and JMFC, Sakaleshpur. 4. It is the case of the prosecution that on the intervening night of 21.08.2009 and 22.08.2009, within the jurisdiction of Yeslur Police Station, Sakaleshpura, when C.Ws.1 to 3 were on night duty at about 11 p.m., they saw a lorry bearing reg.No.KA-46 865 loaded with wooden billets and in front of the lorry, a car bearing reg.No.KA-46 M-347 was coming. When the aforesaid two vehicles reached near the jeep in which, C.Ws.1 to 3 had arrived at the spot, all of a sudden, the car bearing reg.No.KA-46 M-347 was stopped in front of the jeep and the petitioner along with two others got down from the said car and the petitioner after manhandling C.W.1 by holding the collar of his uniform assaulted him with his hands and bit him on his left hand and caused simple injuries. The police after completing investigation had filed the charge sheet against the petitioner for the aforesaid offences. The petitioner who had appeared before the trial - 4 - HC-KAR NC: 2026:KHC:3129 CRL.RP No. 658 of 2017 Court in response to the summons issued by him in C.C.No.554/2012 had claimed to be tried. 5. The prosecution in order to substantiate the charge sheet allegations against the petitioner had examined 10 charge sheet witnesses as PW.1 to PW.10 and got marked 7 documents as Ex.P.1 to Ex.P.7. On behalf of the respondent, no oral or documentary evidence was placed on record. 6. The trial Court after hearing the arguments addressed on both sides had convicted and sentenced the petitioner for the offences punishable under Sections 341, 332 and 506 of IPC in C.C.No.554/2012. For the offence punishable under Section 341 of IPC, the petitioner was sentenced to undergo simple imprisonment for a period of two days and to pay fine of Rs.200/- and in default of payment of fine to undergo simple imprisonment for a period of one day. For the offence punishable under Section 332 of IPC, the petitioner was sentenced to - 5 - HC-KAR NC: 2026:KHC:3129 CRL.RP No. 658 of 2017 undergo simple imprisonment for a period of six months and to pay fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for a period of one month. For the offence punishable under Section 506 of IPC, the petitioner was sentenced to undergo simple imprisonment for a period of one month and to pay fine of Rs.500/- and in default of payment of fine to undergo simple imprisonment for a period of three days. The said judgment and order of conviction and sentence was confirmed in Crl.A.No.59/2016 by the Court of III Addl. District & Sessions Judge, Hassan, by the judgment and order dated 18.04.2017. Under these circumstances, the petitioner is before this Court. 7. The prosecution in order to prove its charges against the petitioner has examined in all ten charge sheet witnesses and has produced seven documents marked as Exs.P.1 to P.7. P.W.1 - H.V.Prakash is the driver of the jeep and he has spoken about the incident that had taken place on the intervening night of 21.08.2009 and - 6 - HC-KAR NC: 2026:KHC:3129 CRL.RP No. 658 of 2017 22.08.2009. P.W.2 is the injured witness and he having reiterated the contents of the first information has stated about the injuries suffered by him in the incident as a result of assault made by the petitioner on his face with his hands and he also has spoken about bite injuries on his left hand, which was caused by the petitioner. P.W.3 is the driver of the jeep and was present along with P.W.1 and P.W.2 as on the date of incident. 8. The evidence of P.W.1 and P.W.3 corroborates evidence of P.W.2. P.W.6-Mallesh who is the Police Head Constable has spoken about the seizure of car, in which, the accused had arrived at the spot of crime on the alleged date of incident. P.W.7- Manjunatha Swamy is the panch to seizure mahazar of the car – Ex.P.5. P.W.8 is the Investigating Officer who has conducted the investigation and submitted the charge sheet and P.W.10 is the Range Forest Officer who has issued the attendance certificate- Ex.P.7, which would go to show that on the alleged date of incident P.W.1 to P.W.3 were on patrolling duty. P.W.9 is - 7 - HC-KAR NC: 2026:KHC:3129 CRL.RP No. 658 of 2017 the doctor who had treated P.W.2 for the injury which he had sustained in the incident in question. 9. The trial Court as well as the courts below having appreciated the oral and documentary evidence available on record have recorded concurrent findings against the petitioner and have found him guilty for the offences punishable under Sections 341, 332 and 506 of IPC. Ex.P.7 would clearly go to show that P.W.1 to P.W.3 were on patrolling duty as on the alleged date of incident and deposition of P.W.1 to P.W.3 speaks about the alleged incident that had taken place while they were on patrolling duty. The injury suffered by P.W.2 is proved by Ex.P.6- wound certificate, which is issued by P.W.9 who is the doctor who had treated P.W.2 for the injuries suffered by him in the incident in question. 10. Therefore, I am of the opinion that the courts below were fully justified in convicting the petitioner for the aforesaid offences. However, insofar as the order of - 8 - HC-KAR NC: 2026:KHC:3129 CRL.RP No. 658 of 2017 sentence passed against the petitioner is concerned, since the incident in question had taken place in the year 2009 and almost 16 years have lapsed from the alleged date of incident and also taking into consideration the age of the petitioner and the fact that he is a married man having a family with grown up children, I am of the opinion that, if the sentence imposed against the petitioner is modified, the same would serve the ends of justice. 11. The trial Court has sentenced the petitioner to undergo imprisonment for all the aforesaid offences. In my opinion at this juncture, it would not be necessary to send the petitioner to jail and instead of sentence of imprisonment, if the amount of fine imposed on the petitioner is enhanced, the same would meet the ends of justice. 12. Accordingly, I pass the following ORDER (i) The Criminal Revision Petition is partly allowed. - 9 - HC-KAR NC: 2026:KHC:3129 CRL.RP No. 658 of 2017 (ii) The impugned judgment and order of conviction dated 29.02.2016 passed in C.C.No.554/2012 by the Court of Senior Civil Judge and JMFC, Sakaleshpur, which is confirmed by the judgment and order dated 18.04.2017 passed in Crl.A.No.59/2016 by the Court of III Addl. District and Sessions Judge, Hassan, is hereby confirmed. (iii) The order of sentence passed against the petitioner is modified. For the offence punishable under Section 341 of IPC, the petitioner is sentenced to pay fine of Rs.5,000/- and in default, he shall undergo simple imprisonment for a period of one months. For the offence punishable under Section 332 of IPC, the petitioner is sentenced to pay fine of Rs.15,000/- and in default, he shall undergo simple imprisonment for a period of three months and for the offence punishable under Section 506 of IPC, the petitioner is sentenced to pay fine of - 10 - HC-KAR NC: 2026:KHC:3129 CRL.RP No. 658 of 2017 Rs.10,000/- and in default, he shall undergo simple imprisonment for a period of two months. (iv) The fine amount shall be deposited by the petitioner before the trial Court within a period of four weeks from today. SD/- (S VISHWAJITH SHETTY) JUDGE PB List No.: 1 Sl No.: 56