- 1 - HC-KAR NC: 2026:KHC:15263 CRL.RP No. 1111 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1111 OF 2017 BETWEEN: 1. WASEEM KHAN S/O B BHASHEER KHAN AGED ABOUT 23 YEARS R/A MAHAMADIYANAGAR ARKESHWAR COLONY BANGALORE. 2. MOHMMED SADIQ S/O PARVEEN PASHA AGED ABOUT 23 YEARS R/O NO.482 MASJID MOHALLA RAMANAGARA TOWN. …PETITIONERS (BY SRI SYED UMMER, ADVOCATE) AND: STATE OF KARNATAKA BY RAMANAGARA TOWN POLICE STATION …RESPONDENT (BY SRI K.NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO PRAYING TO SET ASIDE THE CONVICTION SENTECE ALONG WITH COMPENSATION FINE AMOUNT PASSED IN THE C.C.NO.170/2010 VIDE JUDGEMENT DATED 08.02.2013 BY THE CIVIL JUDGE AND JMFC, RAMANAGARA AND SAME CONFIRM THE CRL.A.NO.09/2013 DATED 10.10.2017 BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15263 CRL.RP No. 1111 of 2017 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Syed Ummer, learned counsel for the revision petitioners and Sri K. Nageshwarappa, learned High Court Government Pleader. 2. Accused persons are convicted for the offences punishable under Section 419 of Indian Penal Code and Section 118 of the Karnataka Education Act in C.C.No.170/2010 by the learned Civil Judge and JMFC., Ramanagara. Order of conviction was upheld in Crl.A.No.9/2013 by judgment dated 10.10.2017 on the file of I Additional District and Sessions Judge, Ramanagara. 3. Facts of the case would make it clear that the second petitioner was required to write a pre-university examination and he has contracted with the first petitioner to write the examination by impersonating him. 4. First petitioner accepting the offer made by the second petitioner went to the examination hall and writing the - 3 - HC-KAR NC: 2026:KHC:15263 CRL.RP No. 1111 of 2017 pre-university examination in the place of the second petitioner. He was caught red handed by the invigilator and then criminal prosecution was launched and ultimately accused were convicted. 5. Material on record including the hall ticket, specimen signature and the photographs have been collected by the Investigation Agency which was sufficient enough to conclude the offence. 6. Sri Syed Ummer, learned counsel for the petitioners would submit before the Court that the petitioners are first time offenders in their young age and they have now reformed themselves. Therefore, in the revision, having regard to the limited scope, Court may consider the modification of the jail sentence by enhancing the fine amount reasonably. 7. Per contra Sri K. Nageshwarappa, learned High Court Government Pleader would submit that such persons if allowed scot-free without going to the imprisonment, similarly placed perpetrators of the crime would get encouraged and thus sought for dismissal of the revision petition in toto. 8. Having heard the arguments of both sides, this Court perused the material on record meticulously. - 4 - HC-KAR NC: 2026:KHC:15263 CRL.RP No. 1111 of 2017 9. On such perusal of the material on record, incident has occurred when the accused persons were aged 19 years in the month of June 2009. 10. Now the accused persons have retraced their steps and there is no criminal complaint against them or criminal antecedents. In other words they are first time offenders. 11. Taking note of these aspects of the matter and accused persons are now leading a decent life with their family to maintain, if the sentence ordered by the Trial Magistrate, confirmed by the First Appellate Court, if modified by directing the revision petitioner to undergo simple imprisonment for the day till the rising of the Court by paying the enhanced fine amount in a sum of Rs.60,000/- each on or before 10.04.2026, ends of justice would be met. 12. Accordingly, the following: ORDER (i) Criminal Petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence under Section 419 of Indian Penal Code and Section 118 of the Karnataka Education Act, sentence - 5 - HC-KAR NC: 2026:KHC:15263 CRL.RP No. 1111 of 2017 ordered by Trial Magistrate, confirmed by the First Appellate Court is modified by directing the petitioners to undergo simple imprisonment for the day till the rising of the Court by enhancing the fine amount in a sum of Rs.60,000/- payable on or before 10.04.2026. (iii) If the revision petitioners failed to pay the enhanced fine amount as directed by this Court, order of the Trial Magistrate, confirmed by the First Appellate Court stand restored automatically. (iv) Office is directed to return the Trial Court records with copy of this order forthwith for issue of modified conviction warrant. Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 49