- 1 - HC-KAR NC: 2026:KHC-D:2115 CRL.RP No. 100059 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100059 OF 2021 (397(CR.PC)/438(BNSS)) BETWEEN: SHIVAKUMAR MALAPPA BHOVI AGE. 41 YEARS, OCC. COOLIE, R/O. SUBHAS NAGAR, MUNDGOD, TQ. MUNDGOD, DIST. UTTAR KANNADA. …PETITIONER (BY SRI. GIRISH S. HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY MUNDGOD POLICE STATION, MUNDAGOD, NOW REP. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580008. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT FOR THE OFFENCE PUNISHABLE U/S 498[A] IN CRIMINAL APPEAL NO.5008/2016 DATED 22/10/2020 PASSED BY THE 1ST ADDL. DISTRICT AND SESSIONS JUDGE, U.K.KARWAR SITTING AT SIRSI AND WHERE BY SET ASIDE THE JUDGEMENT IN CC NO.210/2014 PASSED BY THE 1ST ADDL. JMFC COURT, MUNDGOD, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.17 16:59:27 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2115 CRL.RP No. 100059 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Girish S. Hiremath, learned counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for the State/respondent. 2. Revision petitioner is the accused who has suffered an order of conviction in CC No.210/2014 which was confirmed in Crl.A.No.5008/2016 for the offence punishable under Section 498A of IPC and directed to undergo simple imprisonment for a period of one year and to pay fine amount of Rs.2,500/- of which sum of Rs.2,000/- is to be paid as compensation to the complainant and balance sum of Rs.500/- towards defraying expenses of the State. 3. Facts of the case which are utmost necessary for disposal of the present petition are as under: 3.1. Petitioner herein married to Rekha Bhovi in the year 2011 which was a love marriage. They were residing in Subas Nagar and after the marriage, they had a brief period of happy - 3 - HC-KAR NC: 2026:KHC-D:2115 CRL.RP No. 100059 of 2021 life and subsequent thereto, suspecting the chastity of the wife, accused used to physically and mentally harass the complainant. 3.2. When the matter stood thus, on 10.10.2013 at about 2.00 p.m., accused visited the house of the complainant and physically assaulted her and mentally harassed her. 4. Based on the same, a complaint came to be registered with the Mundgod Police and complaint was filed in Crime No.114/2013. 5. Police after thorough investigation, filed charge sheet against the petitioner herein for the offence punishable under Section 498A of IPC. 6. Presence of the accused was secured and charges were framed. Accused pleaded not guilty and therefore, trial was held. 7. In order of bring home the guilt of the accused, seven witnesses were examined as P.W.1 to 7 and placed on record, six documents which were exhibited and marked as Exs.P.1 to P.6. - 4 - HC-KAR NC: 2026:KHC-D:2115 CRL.RP No. 100059 of 2021 8. On conclusion of recording of the evidence, learned Trial Judge recorded the accused statement. Thereafter, heard the arguments of the parties in detail and convicted the accused and sentenced as referred to supra. 9. Being aggrieved by the same, accused filed an appeal before the First Appellate Court in Crl.A.No.5008/2016. 10. Learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties in detail and on cumulative consideration and on reappreciation of the material evidence placed on record, modified the judgment of the Trial Court insofar as sentence is concerned and directed the accused to undergo simple imprisonment for a period of two months as against one year. 11. Being further aggrieved by the same, accused is before this Court, in this revision petition. 12. Learned counsel for the petitioner reiterating the grounds urged in the petition would contend that parties got dissolved their marriage through a decree of divorce and later on, petitioner and complainant got remarried and therefore, by - 5 - HC-KAR NC: 2026:KHC-D:2115 CRL.RP No. 100059 of 2021 enhancing the fine amount, imprisonment may be further modified by setting aside the imprisonment and enhancing the fine amount. 13. Per contra, learned High Court Government Pleader for respondent would support the impugned judgments and contend that the First Appellate Court itself has shown maximum concession to the petitioner and no further concession can be shown and sought for dismissing the petition. 14. Having heard the parties in detail, this Court perused the material on record meticulously. 15. On such perusal of the material on record, it is crystal clear that since both the petitioner and complainant have got remarried after a decree of divorce. The incident resulting in conviction has occurred during the subsistence of their marital relationship. 16. Taking note of the subsequent developments, if the sentence ordered by the learned Trial Magistrate, modified by the First Appellate Court is further modified by enhancing the fine amount to Rs.50,000/- by directing the accused to undergo - 6 - HC-KAR NC: 2026:KHC-D:2115 CRL.RP No. 100059 of 2021 simple imprisonment for a day till the rising of the Court, would meet the ends of justice. 17. Accordingly, the following: ORDER i. Petition is allowed in part. ii. While maintaining the conviction of the petitioner for the offence punishable under Section 498A of IPC, sentence ordered by the learned Trial Judge for a period of one year with default sentence and modified by the First Appellate Court for a period of two months with default sentence is further modified by directing the petitioner to undergo simple imprisonment for a day till rising of the Court and to pay enhanced fine amount of Rs.50,000/- for the offence punishable under Section 498A of IPC. iii. Enhanced fine amount shall be paid by the petitioner on or before 28.02.2026. - 7 - HC-KAR NC: 2026:KHC-D:2115 CRL.RP No. 100059 of 2021 iv. In addition to sum Rs.2,000/-, sum of Rs.48,000/- is ordered to be paid as compensation to the complainant under due identification. v. Balance sum shall be appropriated towards defraying expenses of the State. vi. Failure to pay the enhanced fine amount on or before 28.02.2026, sentence modified by the First Appellate Court for a period of two months shall stand restored automatically. Sd/- (V.SRISHANANDA) JUDGE KAV Ct-cmu LIST NO.: 1 SL NO.: 144