- 1 - HC-KAR NC: 2026:KHC:20466 CRL.RP No. 581 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 581 OF 2026 BETWEEN: SRI. CHANDRASHEKAR S. S/O SIDDEGOWDA AGED ABOUT 32 YEARS, R/AT NO.22, ADIHALLY BAGESHPURA POST, ARASIKERE TALUK, HASSAN DISTRICT - 573 201 …PETITIONER (BY SRI. AKRAM PASHA K., ADVOCATE) AND: STATE OF KARNATAKA KARNATAKA BY CUBBON PARK P.S. BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET-ASIDE THE ORDER PASSED IN CRL.A.NO.219/2022 DATED 16.03.2026 BY THE LXI ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-62) CONFIRMING THE ORDER PASSED IN C.C.NO.14248/2012 DATED 18.02.2022 BY THE HONBLE VIII ADDL. CHIEF JUDICIAL MAGISTRATE AT Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20466 CRL.RP No. 581 of 2026 BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 25 R/W 118 OF KARNATAKA EDUCATION ACT, 1983. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Akram Pasha, learned counsel for the petitioner and Smt. Waheeda M.M., learned High Court Government Pleader. 2. Though the matter is listed for orders on I.A.No.1/2026 seeking for suspension of sentence, taking note of the attendant facts and circumstances of the case, matter is heard on merits by consent of the parties. 3. Petitioner has been convicted for the offence punishable under Section 25 of the read with Section 118 of the Karnataka Education Act, 1983 and ordered to undergo six months imprisonment and to pay a fine of Rs.2,000/- in CC No.14248/2012 which was upheld by the First Appellate Court in Crl.A.No.219/2022. - 3 - HC-KAR NC: 2026:KHC:20466 CRL.RP No. 581 of 2026 4. Case of the prosecution would reveal that the petitioner instead of appearing for the examination of the common entrance test, sent his friend to the write the exam. Case against other accused stood split up for want of their appearance and petitioner alone faced the trial. 5. The proxy of petitioner was caught by the squad of CET officials and later on charge sheet came to be filed. 6. After due trial, the petitioner was convicted by Trial Magistrate which was upheld by the First Appellate Court. 7. At the outset, Sri. Akram Pash would submit that incident has occurred in the year 2011 and thereafter petitioner has appeared for the regular examination and now he is working in a private organization. 8. Sri. Akram Pasha would also submit that petitioner is detected for 'gallbladder stone' and he has - 4 - HC-KAR NC: 2026:KHC:20466 CRL.RP No. 581 of 2026 been advised for surgery. Therefore lenience may be shown to the petitioner as it is an isolated incident and there is no criminal antecedents. 9. Per contra, Smt. Waheeda, learned High Court Government Pleader would oppose the submissions made on behalf of the petitioner by contending that both the Courts have recorded a categorical findings of conviction and must not be shown any leniency or it sends the wrong message to the Society and encourage the similarly placed perpetrators of the crime and thus sought for dismissal of the revision petition in toto. 10. Having heard the arguments of both sides, this Court perused the material on record meticulously. 11. On such perusal of the material on record, overwhelming material evidence is placed on record by the prosecution to establish the offence under Section 25 read with Section 118 of the Karnataka Education 1983 - 5 - HC-KAR NC: 2026:KHC:20466 CRL.RP No. 581 of 2026 inasmuch as, in the place of the petitioner, somebody else tried to write the CET examination or the year 2011. 12. Admittedly, hall ticket of the petitioner has reached the proxy of the petitioner which concludes the offence. 13. Pertinently, accused nos.1 and 3 have absconded and split-up charge sheet has been filed. 14. When the petitioner was not found in the examination hall and with his hall ticket, somebody else was found, the squad of CET who did not nurture any enmity or enmity against the petitioner, have rightly apprehended such person and also proceeded against the petitioner and yet another accused. 15. These factors have been established by placing material evidence on record, this Court does not find any good ground to interfere with the order of conviction - 6 - HC-KAR NC: 2026:KHC:20466 CRL.RP No. 581 of 2026 recorded by Trial Magistrate confirmed by the First Appellate Court. 16. This would take this Court to the next limb of the argument put-forth on behalf of the petitioner namely showing leniency to the petition. 17. Taking note of the fact that the incident is an isolated incident wherein there is no compulsory imprisonment is contemplated, directing the accused to undergo simple imprisonment for the day by enhancing the fine amount in a sum of Rs.35,000/- payable on or before 10.05.2026 would meet the ends of justice in the attendant facts and circumstances of the case. 18. Accordingly, the following Order is passed: ORDER (i) Criminal Revision Petition is allowed-in-part. - 7 - HC-KAR NC: 2026:KHC:20466 CRL.RP No. 581 of 2026 (ii) While maintaining the conviction of the accused for the offence punishable Section 25 read with Section 118 of the Karnataka Education, 1983, the sentence ordered by the Trial Magistrate confirmed by the First Appellate Court is modified by directing the petitioner to undergo simple imprisonment for the day by paying the enhanced fine amount on or before 10.05.2026. (iii) Failure to pay the enhanced fine amount on or before 10.05.2026, the petitioner shall undergo imprisonment ordered by the Trial Magistrate confirmed by the First Appellate Court. (iv) Office is directed to return the Trial Court Records with copy of this Court forthwith for issue of modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 47