- 1 - HC-KAR NC: 2026:KHC:15470 CRL.RP No. 992 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.992 OF 2017 BETWEEN: 1. SHIVARAJU S/O JAVAREGOWDA AGED ABOUT 36 YEARS R/AT BUTHANAHOSURU VILLAGE MANDYA TALUK & DISTRICT – 571403 2. PAPANNA S/O LATE GULIGOWDA AGED ABOUT 28 YEARS R/AT BUTHANAHOSURU VILALGE MANDYA TALUK & DISTRICT – 571 403 …PETITIONERS (BY SRI K R NAGARAJA, ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA EAST POLICE STATION MANDYA - 571401 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU – 560001 …RESPONDENT (BY SRI K NAGESHWARAPPA, HCGP) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15470 CRL.RP No. 992 of 2017 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 03.01.2017 PASSED IN C.C.NO.159/2006 BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA AND THE JUDGMENT DATED 18.08.2017 PASSED IN CRL.A. NO.07/2017BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA AND ETC. 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 the learned counsel Sri K.R.Nagaraja for the revision petitioners and Sri K Nageshwarappa, the learned High Court Government Pleader for the respondent/State. 2. At the outset, the counsel Sri K. R. Nagaraja would submit that the incident has occurred at the spur of moment and accused are the first time offenders and they did not have any criminal antecedents. 3. Therefore, in the event of this Court upholding the order of conviction, the sentence ordered by Trial Magistrate - 3 - HC-KAR NC: 2026:KHC:15470 CRL.RP No. 992 of 2017 confirmed by the First Appellate Court may be modified by enhancing the fine amount reasonably. 4. Per contra, Sri K Nageshwarappa, the learned High Court Government Pleader would opposed the revisional grounds with vehemence and also opposed the alternate submission made by the counsel for the petitioners contending that if such people are shown any sympathy or lenience, then similarly placed perpetrators of the crime would get encouraged and besides sending a wrong message to the society and sought for dismissal of the revision petition in toto. 5. Having heard the arguments of both sides, perused the records meticulously. 6. Having regard to the scope of the revision petition and charges levelled against the revision petitioners which have been established by placing cogent and convincing evidence on record, this Court do not find any grounds whatsoever much less good grounds to interfere with the order of conviction. 7. However, taking note of the fact that accused persons/revision petitioners are first time offenders and they - 4 - HC-KAR NC: 2026:KHC:15470 CRL.RP No. 992 of 2017 did not possess any criminal antecedents, and also having regard to the punishment that has been ordered by the Trial Magistrate, confirmed by the First Appellate Court, if the sentence is modified by directing the revision petitioners to undergo simple imprisonment for the day by directing them to pay enhanced fine amount of Rs.1,00,000/- each, ends of justice would be met. Accordingly, following: ORDER (i) The revision petition allowed in part. (ii) While maintaining the conviction of the accused persons for the offences punishable under Sections 419 and 114 read with Section 34 of the IPC, sentence ordered by the Trial Magistrate, confirmed by the First Appellate Court is modified by directing the revision petitioners to undergo simple imprisonment for the day till rising of the Court by paying the enhanced fine amount of Rs.1,00,000/- each on or before 10.04.2026. - 5 - HC-KAR NC: 2026:KHC:15470 CRL.RP No. 992 of 2017 (iii) Failure to pay the enhanced fine amount on or before 10.04.2026, the order of sentence passed by Trial Magistrate confirmed by the First Appellate Court stands restored automatically. Office is directed to return the Trial Court records and copy of this order forthwith for issue of the modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE SN