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Karnataka High Court
Mehaboob Pasha S/O Saboobsav vs State Of Karnataka on 23 December, 2025
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NC: 2025:KHC-D:18728
CRL.RP No. 100075 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 23RD DAY OF DECEMBER 2025
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
CRIMINAL REVISION PETITION NO. 100075 OF 2020
(397(CR.PC)/438(BNSS))
BETWEEN:
MEHABOOB PASHA S/O. SABOOBSAV
AGED ABOUT: 40 YEARS,
R/AT KAATA MOHALLA COLONY,
N-H 4 NEAR OLD MADRASA ROAD,
HOSAKOTE, KOPPAL-583231.
...PETITIONER
(BY SRI MAHAMMED TAHIR AND SRI SABEEL AHMED,
ADVOCATES;
SRI WAQAR AHMED SHAHPURI, ADVOCATE (NOC OBTAINED)
AND:
STATE OF KARNATAKA
THROUGH KUSHTAGI POLICE STATION,
REP. BY H.C.G.P.,
Digitally signed DHARWAD HIGH COURT BENCH.
by BHARATHI H
M ...RESPONDENT
Location: HIGH
COURT OF (BY SRI JAIRAM SIDDI, HCGP.)
KARNATAKA
DHARWAD
BENCH
Date: 2025.12.23 THIS CRIMINAL REVISION PETITION IS FILED UNDER
17:35:27 +0530
SECTION 397 READ WITH SECTION 401 OF CR.P.C. PRAYED FOR
CALLING FOR THE ENTIRE RECORDS OF C.C.NO.24/2010, ON
THE FILE OF CIVIL JUDGE AND JMFC AT KUSHTAGI, TO SET
ASIDE THE IMPUGNED ORDER OF APPELLATE COURT I.E.,
PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL, IN
CRIMINAL APPEAL NO.32/2017 VIDE ORDER DATED 30TH
NOVEMBER 2019, AND TO CONFIRM THE SENTENCE OF
CONVICTION AT ANNEXURE-A AND IMPUGNED ORDER OF
SENTENCE AND ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE
AND JMFC AT KUSHTAGI DATED 05TH DECEMBER 2017 PASSED
IN C.C.NO.24/2010 CONVICTING THE PETITION FOR THE
-2-
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CRL.RP No. 100075 of 2020
HC-KAR
OFFENCE PUNISHABLE UNDER SECTION 279, 304-A OF IPC AND
187 OF THE M.V.ACT AND SENTENCE FOR THE OFFENCE UNDER
SECTION 279 OF IPC 3 MONTH SIMPLE IMPRISONMENT WITH
RS.500/- FINE IN DEFAULT 15 DAYS OF SIMPLE IMPRISONMENT;
UNDER SECTION 304-A OF IPC, 6 MONTHS SIMPLE
IMPRISONMENT WITH RS.2000/- FINE, IN DEFAULT OF FINE 1
MONTH SIMPLE IMPRISONMENT AND UNDER SECTION 187 OF
M.V.ACT, 1 MONTH SIMPLE IMPRISONMENT WITH RS.500/-
FINE, IN DEFAULT 15 DAYS OF SIMPLE IMPRISONMENT AT
ANNEXURE-B AND TO ACQUIT THE PETITIONER OF THE
ALLEGED OFFENCE UNDER SECTION 279 AND 304-A OF IPC AND
187 OF M.V.ACT, IN C.C.NO.24/2010 ON THE FILE OF PRINCIPAL
CIVIL JUDGE AND JMFC, AT KUSHTAGI, BY ALLOWING THIS
REVISION PETITION AND TO GRANT SUCH OTHER RELIEF/S AS
THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF
THE CASE, IN THE ENDS OF JUDTICE AND EQUITY.
THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)
Heard both sides on merits of the revision petition.
2. This revision petition is filed by the revision
petitioner under Section 397 read with Section 401 of
Cr.P.C. praying for setting aside the judgment of conviction
and order of sentence passed in C.C.No.24/2010 dated
05.12.2017, on the file of Civil Judge and JMFC, Kushtagi,
which is confirmed in Criminal Appeal No.32/2017 dated
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30.11.2019, on the file of Principal District and Sessions
Judge, Koppal.
3. The revision petitioner was convicted for the
offence punishable under Sections 279, 304-A of IPC and
Section 187 of the M.V.Act.
4. The revision petitioner was sentenced to undergo
simple imprisonment for a period of three months and to
pay a fine of ₹500/- for the offence punishable under
section 279 of IPC; in default to pay fine amount, to
undergo simple imprisonment for a period of 15 days; he is
directed to undergo simple imprisonment for a period of six
months and to pay a fine of ₹2,000/- for the offence
punishable under Section 304-A of IPC; in default to pay
fine amount, to undergo simple imprisonment for a period
of one month; and also directed to undergo simple
imprisonment for a period of one month and to pay fine of
₹500/- for the offence punishable under Section 187 of the
M.V.Act; in default to pay fine amount, to undergo simple
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imprisonment for a period 15 days and all the above said
sentences shall run concurrently.
5. On plain reading of this sentence imposed by the
learned JMFC, the total sentence was only 06 months,
because all the sentences were ordered to run concurrently
and for default sentence it is further period of 02 months,
i.e., totally 08 months simple imprisonment the
accused/revision petitioner has to undergo.
6. The judgment of learned JMFC reveals that the
revision petitioner was arrested on 10.12.2009 and released
on bail on 16.05.2011. Thus, he was in JC for a period of
about 17 months. However, he had to undergo simple
imprisonment for only 08 months. Thus, more than double
the punishment he has already undergone.
7. Section 428 of Cr.P.C. (Section 467 of BNSS)
reads as under:
428. Period of detention undergone by the
accused to be set off against the sentence of
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imprisonment.-- Where an accused person has,
on conviction, been sentenced to imprisonment
for a term, not being imprisonment in default of
payment of fine, the period of detention, if any,
undergone by him during the investigation,
inquiry or trial of the same case and before the
date of such conviction, shall be set off against
the term of imprisonment imposed on him on
such conviction, and the liability of such person
to undergo imprisonment on such conviction
shall be restricted to the remainder, if any, of
the term of imprisonment imposed on him
Provided that in cases referred to in section
433A, such period of detention shall be set off
against the period of fourteen years referred to
in that section.
8. As per Section 428 of Cr.P.C. (Section 467 of
BNSS), the accused/revision petitioner is entitled for set off
of the period of main imprisonment which he has already
undergone during investigation, inquiry and trial, but it does
not include the period of default sentence for non payment
of fine amount.
9. However, as discussed above, instead of 06
months, he has already undergone 17 months
imprisonment and thus the period of default sentence
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cannot be added to it. The order sheet of this Court reveals
that subsequent to this judgment and order of conviction
passed by the learned JMFC, which is upheld in Criminal
Appeal, this revision petitioner was in JC from 14.02.2020
till he was released on 28.02.2000 i.e., for a period of 15
days.
10. These aspects establish that, the revision
petitioner has already undergone imprisonment of sentence
more than what he had to undergo.
11. Learned counsel for revision petitioner is ready to
deposit the fine amount imposed for the offence punishable
under Section 279 and 304-A of IPC totally amounting to
Rs.2,500/-. He has already undergone imprisonment of 15
days default sentence after passing the judgment of
conviction for the offence punishable under Section 187 of
the M.V.Act. Hence, discussing the case on merits does not
arise.
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12. For the above reasons, I proceed to pass the
following:
ORDER
i) The revision petition filed under section 397 of
Cr.P.C is partly allowed.
ii) The revision petitioner is entitled to set off under
Section 428 of Cr.P.C. (Section 467 of BNSS), the period of
imprisonment he has already undergone during
investigation and trial and thus he has already undergone
major punishment imposed against him. He has to undergo
only default sentence, for which learned counsel for revision
petitioner has undertaken to deposit the fine amount totally
amounting to Rs.2,500/- within 15 days from the date of
uploading this order.
iii) If the said amount is deposited as ordered, then
it shall be treated as the revision petitioner has completed
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the entire sentence imposed against him, hence,
considering the matter on merits does not arise.
iv) In case if the revision petitioner fails to deposit
the total fine amount of ₹2,500/-, then he has to undergo
default sentence of simple imprisonment imposed for the
offences punishable under Section 279 and 304-A of IPC.
Sd/-
(GEETHA K.B.)
JUDGE
SH, MRK
Ct:VH
List No.: 2 Sl No.: 1
