- 1 - HC-KAR NC: 2026:KHC-D:1295 CRL.RP No. 100016 of 2021 C/W CRL.RP No. 100017 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION No.100016 OF 2021 (397(CR.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION No.100017 OF 2021 IN CRL.RP.NO.100016/2021 BETWEEN: MR. SANGANNA S/O. KUDLEPPA GOUDAR AGE. 58 YEARS, OCC. BUSINESS, R/O. #155/1, 2ND CROSS, I MAIN, MANJUNATH NAGAR, RAJAJINAGAR, BENGALURU-560010. …PETITIONER (BY SRI. SHREEVATSA S.HEGDE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CPI HUNGUND CIRCLE, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.PC., PRAYING TO SET ASIDE THE JUDGMENTS AND ORDERS DATED 18/02/2012 IN CRIMINAL CASE NO.972/2005 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, HUNAGUND AND JUDGEMENT DATED 27/12/2019 IN CRIMINAL APPEAL NO.35/2012 BY II ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT CONFIRMING CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.03 15:09:47 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1295 CRL.RP No. 100016 of 2021 C/W CRL.RP No. 100017 of 2021 THE SAME FOR OFFENCES PUNISHABLE U/S 454, 380 R/W 34 OF IPC. AGAINST ACCUSED NO.2 IN CRL.RP.100017/2021 BETWEEN: 1. MR. SANGANNA S/O. KUDLEPPA GOUDAR AGE. 58 YEARS, OCC. BUSINESS, R/O. 155/1, 2ND CROSS, I MAIN, MANJUNATH NAGAR, RAJAJINAGAR, BANGALORE-560010 …PETITIONER (BY SRI. SHREEVATSA S.HEGDE, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH CPI HUNGUND CIRCLE, REB. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-581100. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.PC., SEEKING TO SET ASIDE THE JUDGMENTS AND ORDERS DATED 18/02/2012 IN CRIMINAL CASE NO.971/2005 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, HUNAGUND AND JUDGEMENT DATED 27/12/2019 IN CRIMINAL APPEAL NO.34/2012 BY II ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT CONFIRMING THE SAME,FOR THE OFFENCES U/S 454, 380 R/W 34 OF IPC AGAINST ACCUSED NO.2. THESE CRIMINAL REVISION PETITIONS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:1295 CRL.RP No. 100016 of 2021 C/W CRL.RP No. 100017 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Shreevatsa S.Hegde, learned counsel for the revision petitioner and Sri Praveena Y.Devareddiyavara, learned High Court Government Pleader. 2. Revision petition is by the accused, who has been convicted for the offence punishable under Sections 380 and 454 of the Indian Penal Code and ordered to undergo sentence of imprisonment for a period of two years and to pay fine. 3. At the outset, Sri Shreevatsa S Hegde, learned counsel would contend that the recovery of the stolen article has been established. Therefore, hardly there is any scope for consideration, that too in the revision jurisdiction with regard to conviction. 4. However, he would submit that the Court may take into consideration that the revision petitioner who has been convicted in these two cases is working as a sweeper and leading a decent life. - 4 - HC-KAR NC: 2026:KHC-D:1295 CRL.RP No. 100016 of 2021 C/W CRL.RP No. 100017 of 2021 5. He submits that every sinner has got a future. Therefore, sentence of imprisonment may be modified by enhancing the fine amount reasonably. 6. Per contra, Sri. Praveena Y.Devareddiyavara, learned High Court Government Pleader opposes the revision grounds and the alternate submission made by the learned counsel for the revision petitioner by contending that, in these two cases, the accused has been convicted in two different incidents. 7. Therefore, there cannot be any mercy or concession shown to the revision petitioner and sought for dismissal of the revision petitions. 8. Having noted the fact that except these two cases, the revision petitioner/accused has no other criminal antecedents and is now working as a sweeper, leading a decent life, and further taking note of the fact that he has already spent six months in judicial custody in respect of the above cases, and also taking note of the fact that the Trial Magistrate had committed a mistake in ordering concurrent sentence in respect to two different incidents and State has not filed any revision or - 5 - HC-KAR NC: 2026:KHC-D:1295 CRL.RP No. 100016 of 2021 C/W CRL.RP No. 100017 of 2021 the appeal against the said order, by enhancing the fine amount in a sum of Rs.35,000/- in each of these two revision petitions payable on or before 28.02.2026 and setting aside the balance period of imprisonment would meet the ends of justice in the peculiar facts and circumstances of the case. 9. Accordingly, the following ORDER (i) Revision petitions are allowed. (ii) The imprisonment ordered by the Trial Magistrate confirmed by the First Appellate Court in both the cases is hereby set aside by enhancing the fine amount in a sum of Rs.35,000/- in each of the cases (Totally Rs.70,000/-). Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE kcm CT:CMU LIST NO.: 1 SL NO.: 32