- 1 - HC-KAR NC: 2026:KHC:10528 CRL.RP No. 766 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 766 OF 2017 BETWEEN: 1. RAMESH @ KANNA S/O CHOWDAPPA, AGED 32 YEARS, COOLIE, R/AT SIRAVANTHE VILLAGE, SAGAR TALUK, PIN - 577 401. 2. K B SURESH S/O BYRAPPA NAIK, AGED 32 YEARS, COOLIE, R/AT KUGVE VILLAGE, SAGAR TALUK, PIN-577401. …PETITIONERS (BY SRI. BIMBADAR M.GOWDAR, ADVOCATE FOR P1 SRI. CHANDAN B.K., ADVOCATE FOR P2 ) AND: 1. STATE OF KARNATAKA BY SAGAR TOWN P.S. REP. BY SPP, HIGH COURT BUILDINGS, BANGALORE-560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10528 CRL.RP No. 766 of 2017 THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF APPELLATE COURT RENDERED IN CRL.A.NO.10003/2017 DATED 19.05.2017 BY THE V ADDL. DIST. AND S.J., SHIVAMOGGA SITTING AT SAGAR ARISING OUT OF C.C.NO.738/2016 DATED 31.01.2017 PASSED BY THE PRL. CIVIL JUDE (JR. DN.) AND JMFC, SAGAR. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 and 2 are before this Court in this revision petition filed under Section 397(1) and 401 of the Code of Criminal Procedure with a prayer to set aside the judgment and order of conviction and sentence passed in CC No.738/2006 dated 31.01.2017 by the Prl. Civil Judge (Jr.Dn.) and JMFC., Sagar, which was confirmed in Criminal Appeal No.10003/2017 by the Judgment and Order dated 19.05.2017 passed by V Addl. District and Sessions Judge, Shivamogga sitting at Sagar. - 3 - HC-KAR NC: 2026:KHC:10528 CRL.RP No. 766 of 2017 2. Heard the learned counsel appearing for the parties. 3. Petitioners herein were charge sheeted for offences punishable under Sections 419, 420, 468, 465, 511 read with Section 34 of Indian Penal Code by Sagar Town Police Station, Shivamogga District and tried for the said offences before the jurisdictional Court of Magistrate at Sagar in CC No.738/2006. The trial Court by judgment and order dated 31.01.2017 had convicted petitioners in CC No.738/2006 for the charge sheeted offences. For the offence punishable under Section 419 of IPC, petitioners were sentenced to undergo simple imprisonment for a period of 2 years and pay fine of Rs.5,000/- and in default, to undergo simple imprisonment for a period of 3 months. For the offence punishable under Section 420 of IPC, petitioners were sentenced to undergo simple imprisonment for a period of 2 years and pay fine of Rs.5,000/- and in default, to undergo simple imprisonment for a period of 3 months. For the offence punishable under - 4 - HC-KAR NC: 2026:KHC:10528 CRL.RP No. 766 of 2017 Section 468 of IPC, petitioners were sentenced to undergo simple imprisonment for a period of 2 years and pay fine of Rs.5,000/-, in default, to undergo simple imprisonment for a period of 3 months. And for the offence punishable under Section 465 of IPC petitioners were sentenced to undergo simple imprisonment for a period of 2 years and pay fine of Rs.5,000/- and in default, to undergo simple imprisonment for a period of 3 months. No separate order of sentence was passed against the petitioners for offence punishable under Section 511 of IPC. The said judgment and order of conviction and sentence passed in CC No.738/2006 was confirmed by the appellate Court in Criminal Appeal No.10003/2017 by judgment and order dated 19.05.2017. It is under these circumstances, petitioners are before this Court. 4. The prosecution in order to prove its charges against the petitioners had examined 9 charge sheet witnesses as PW.1 to PW.9 and also had got marked 12 - 5 - HC-KAR NC: 2026:KHC:10528 CRL.RP No. 766 of 2017 documents as Ex.P1 to Ex.P12. On behalf of the defence, no oral or documentary evidence was placed on the Court. 5. Allegation against the petitioners is that on 25.08.2004 at about 12.00 p.m. they had gone to Canara Bank, Sagar Town Branch and had attempted to withdraw a sum of Rs.52,000/- from the N.R.I. Account bearing No.9326 belonging to CW2, S.M.Haneef by forging his signature on the withdrawal slip and obtaining token number 116 from the concerned counter in the bank. To prove the charges, PW.1 the complainant Nagesh Bhat, who was the Manager of the Bank, in which the alleged incident in question had taken place, was examined. Ex.P1 is the complaint submitted by him. PW2 was the clerk in the bank. PW1 and PW2 have supported the case of the prosecution. PW4 and PW7 are the employees of the bank in which the incident in question had taken place and PW5 is the Inspector of Police who had received Ex.P1 and had registered FIR against accused. PW9 is the Dy.S.P. of Police who has completed the investigation and - 6 - HC-KAR NC: 2026:KHC:10528 CRL.RP No. 766 of 2017 filed the charge sheet in the present case. Ex.P2 is the Panchanama inside the bank and Ex.P3 to P5 are the withdrawal slips. Ex.P6 is the specimen signature of the account holder namely, S.M.Haneef and Ex.P7 is the specimen signature of the accused No.1. Ex.P12 is the FSL report which supports the case of the prosecution. The trial Court as well as the appellate Court having appreciated the oral and documentary evidence available on record have held that the prosecution has proved the charges against the petitioners beyond reasonable doubt and have rightly convicted the petitioners for the charge sheeted offences. 6. However, the Courts below have failed to consider that petitioners had only attempted to commit the offence in the present case and it is under these circumstances, Section 511 of IPC was invoked. The trial Court while sentencing the petitioners has virtually completely overlooked Section 511 of IPC. It is submitted before this Court that petitioners are agricultural coolies - 7 - HC-KAR NC: 2026:KHC:10528 CRL.RP No. 766 of 2017 having no other criminal antecedents and they are married men having family. 7. Learned counsel for the petitioners has submitted that petitioner No.1 was in custody for a period of 1 month 18 days and petitioner No.2 was in custody for a period of 18 days. The signature found in the withdrawal slip is of accused No.1 and accused No.2 had only accompanied him. 8. Under these circumstances, I am of the opinion that a lenient view is required to be taken while sentencing the petitioners. Accordingly, the following: ORDER (i) Criminal Revision petition is partly allowed. (ii) The impugned judgment and order of conviction passed against the petitioners, convicting them for offences punishable under Section 419, 420, 468, 465, 511 of IPC by the Courts below is confirmed. - 8 - HC-KAR NC: 2026:KHC:10528 CRL.RP No. 766 of 2017 (iii) The order of sentence passed against the petitioners by the Courts below is modified. (iv) For the offence punishable under Section 419 of IPC, petitioners are directed to pay fine of Rs.10,000/- and in default, to undergo simple imprisonment for a period of three months. (v) For the offence punishable under Section 420 of IPC, petitioners are directed to pay fine of Rs.10,000/- and in default, to undergo simple imprisonment for a period of three months. (vi) For the offence punishable under Section 468 of IPC, petitioners are directed to pay fine of Rs.10,000/- and in default, to undergo simple imprisonment for a period of three months. (vi) For the offence punishable under Section 465 of IPC, petitioners are directed to pay fine of Rs.10,000/- and in default, to undergo simple imprisonment for a period of three months. (vii) For the offence punishable under Section 511 of IPC, petitioners are directed to pay fine of Rs.10,000/- and in default, to undergo simple imprisonment for a period of three months. - 9 - HC-KAR NC: 2026:KHC:10528 CRL.RP No. 766 of 2017 (viii) The sentence of imprisonment ordered by the Courts below against petitioners is reduced to the period already undergone by them. Sd/- (S VISHWAJITH SHETTY) JUDGE PSJ List No.: 1 Sl No.: 43