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2026 DAILYLAW 9759 (KAR)

S.RAMALINGAM v. STATE OF KARNATAKA

CRL.RP/544/2016 · 2026-04-27

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23591 CRL.RP No. 544 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.544 OF 2016 BETWEEN: S.RAMALINGAM S/O LATE DR. SUBBU REDDIAR AGED ABOUT 66 YEARS R/O AD /13, 5TH AVENUE ANNA NAGAR, MADRAS-600 040 …PETITIONER (BY SRI THAMMA REDDY.V FOR SRI G.R.RAVICHANDRA REDDY, ADVOCATES) AND: STATE OF KARNATAKA REPRESENTED BY S.P.P. CBI, ACB, BANGALORE- 560 032 …RESPONDENT (BY SMT.CAROL P. DSOUZA FOR SRI P.PRASANNA KUMAR, ADVOCATES) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE ORDER DATED 29.02.2016 PASSED IN CRL.A.No.78/2011 BY THE XXXII ADDL. CITY CIVIL AND S.J. AND SPL.JUDGE FOR CBI CASES AT BANGALORE (CCH-34) AND THE ORDER DATED 18.01.2011 PASSED BY XVII ADDL.C.M.M. AT BANGALORE IN C.C.NO.2378/2001 AND ACQUIT THE PETITIONER. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23591 CRL.RP No. 544 of 2016 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Thamma Reddy V., learned counsel appearing on behalf of sri G.R. Ravichandra Reddy, counsel for the revision petitioner and Smt. Carol P. D’Souza, learned counsel appearing on behalf of Sri P. Prasanna Kumar, counsel for the respondent. 2. Memo with document is filed for having deposited the sum of Rs.1,32,500/- which was the money misappropriated by the petitioner. 3. Taking note of the same and also taking note of the age of the petitioner as on today being 76 years, this would be a case where this Court has to exercise the powers vested in its revisional jurisdiction in interfering with the sentence passed by the learned Trial Magistrate, confirmed by the First Appellate Court while maintaining the order of conviction. 4. Pertinently, it is also to be noted that petitioner is a first time offender. Therefore, while maintaining the conviction, if the sentence of imprisonment is modified by directing the petitioner to undergo simple imprisonment for the day till the - 3 - HC-KAR NC: 2026:KHC:23591 CRL.RP No. 544 of 2016 raising of the Court by enhancing the fine amount in a sum of Rs.1,00,000/-, ends of justice would be met. 5. Accordingly, the following: ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the conviction of the accused for the offences punishable under Section 419, 420, 468 and 471 of Indian Penal Code, Sentence ordered by the learned Trial Magistrate, confirmed by the First Appellate Court, is modified by directing the petitioner to undergo a simple imprisonment for the day till the raising of the Court by enhancing the fine amount in a sum of Rs.1,00,000/- to be payable by the petitioner on or before 31.05.2026. (iii) Failure to pay the enhanced fine amount on or before 31.05.2026, petitioner shall undergo imprisonment as ordered by the learned Trial Magistrate, confirmed by the First Appellate Court. - 4 - HC-KAR NC: 2026:KHC:23591 CRL.RP No. 544 of 2016 (iv) On receipt of the enhanced fine amount Rs.75,000/- is ordered to be paid as compensation to the Indian overseas bank, Jayanagara 7th Block Branch, under due identification. (v) Balance sum shall be appropriated towards the defraying expenses of the State. (vi) Office is directed to return Trial Court records with copy of this order for issue of modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE MR List No.: 2 Sl No.: 60