Karnataka High Court
Mallinath S/O Vithal Rao Patil vs The State Of Karnataka on 23 July, 2025
Author: V Srishananda
Bench: V Srishananda
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NC: 2025:KHC-K:4179
CRL.RP No. 200073 of 2020
C/W CRL.RP No. 200085 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 200073 OF 2020
(397(Cr.PC)/438(BNSS))
C/W
CRIMINAL REVISION PETITION NO. 200085 OF 2020
(397(Cr.PC)/438(BNSS))
IN CRL.RP.NO.200073/2020:
BETWEEN:
MALLINATH S/O VITHAL RAO PATIL,
OCC: AGRICULTURE,
R/O KAMANALLI, TQ. ALAND,
Digitally signed
by SUMITRA DIST. KALABURAGI
SHERIGAR PRESENT NOW RESIDING AT DUDANI,
Location: HIGH TQ. AKKALKOT (M.S.)
COURT OF
KARNATAKA ...PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH NIMBARGA POLICE STATION,
REPRESENTED BY ADDITIONAL SPP,
HIGH COURT OF KARNATAKA, KALABURAGI BENCH
RESPONDENT
(BY SRI VEERANAGOUDA MALIPATIL, HCGP)
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NC: 2025:KHC-K:4179
CRL.RP No. 200073 of 2020
C/W CRL.RP No. 200085 of 2020
HC-KAR
THIS CRL.RP IS FILED U/S 397 OF CR.P.C PRAYING TO,
SET ASIDE THE JUDGMENT DATED 13.11.2018 PASSED BY THE
PRL. CIVIL JUDGE AND JMFC AT ALAND IN C.C.NO.100/2008,
AND ALSO SET ASIDE THE JUDGMENT DATED 29.09.2020
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE AT
KALABURAGI IN CRIMINAL APPEAL, NO.73/2018,
CONSEQUENTLY BE PLEASED TO ACQUJIT THE PETITIONER.
IN CRL.RP.NO.200085 OF 2020:
BETWEEN:
AMRUTH S/O GURANNA MANGANE,
AGE:62 YRS, OCC:COOLIE,
R/O NEAR VEERESHWAR TEMPLE,
DUTTARGAON-585302,
TQ.ALAND, DIST.KALABURAGI
...PETITIONER
(BY SRI SURESH CHANDRASHEKAR TENGLI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH NIMBARGA PS,
R/BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585104
...RESPONDENT
(BY SRI VEERANAGOUDA MALIPATIL, HCGP)
THIS CRL.RP IS FILED U/S 397 R/W SECTION 401 OF
CR.PC. PRAYING TO, ALLOW THE PRESENT CRIMINAL
REVISION PETITION AND THEREBY SET ASIDE THE JUDGMENT
AND ORDER DATED 29.09.2020 PASSED BY THE III
ADDL.DIST. AND SESSIONS JUDGE AT KALABURAGI IN
CRIMINAL APPEAL NO.77/2018 IN AFFIRMING SENTENCE FOR
THE OFFENCE PUNISHABLE U/SEC.420 OF IPC, IMPOSED BY
THE PRL.CIVIL JUDGE AND JMFC COURT ALAND IN
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NC: 2025:KHC-K:4179
CRL.RP No. 200073 of 2020
C/W CRL.RP No. 200085 of 2020
HC-KAR
C.C.NO.100./2008 DATED 13.11.2018 AND ACQUIT THE
REVISION PETITIONER.
THESE PETITIONS COMING ON FOR FINAL HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA)
Heard Sri Chaitanyakumar Chandriki and Sri Suresh
Chandrashekar Tengli, learned counsel for the petitioners
and Sri Veeranagouda Malipatil, learned High Court
Government Pleader for the respondent - State.
2. Learned counsel appearing for the petitioners in
both the revision petitions submit that since a sum of
Rs.14,15,000/- is now paid, taking note of the age of the
revision petitioners and physical ailments suffered by
them, custody period already undergone by them may be
treated as period of imprisonment by enhancing the fine
amount reasonably.
NC: 2025:KHC-K:4179
HC-KAR
3. They also contend that even for mustering a
sum of Rs.14,15,000/-, revision petitioners had to borrow
loan from friends and well wishers and therefore, while
enhancing the fine amount, this Court may consider the
said aspect and pass appropriate orders.
4. Per contra, learned High Court Government
Pleader opposes the submission made by learned counsel
for the revision petitioners.
5. Having heard the arguments of both sides,
conviction order needs to be maintained, taking note of
the fact that a sum of Rs.14,15,000/- (balance of
Rs.35,000/- would be deposited) is deposited by the
revision petitioners before the Trial Court to be paid to
CWs.1, 4 to 31 in a sum Rs.50,000/- each.
6. Taking into consideration the attendant facts
and circumstances, since the conviction order is to be
confirmed and pursuant to the order of the Trial Magistrate
confirmed by First Appellate Court, the revisions
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HC-KAR
petitioners have deposited Rs.14,15,000/- and petitioners
have undertaken to deposit the balance amount of
Rs.35,000/-, the sentence of imprisonment needs to be
modified.
7. Hence, the following order is passed:
ORDER
a) Revision petitions are allowed in part.
b) While maintaining the conviction of the revision
petitioners for the offences punishable under
Sections 406 and 420 read with Section 34 of
the Indian Penal Code, the custody period
already undergone by the revision petitioners is
treated as period of imprisonment and to pay
enhanced fine amount of Rs.25,000/- each.
c) Time is granted till 10.08.2025 for payment of
the enhanced fine amount and balance amount
in a sum of Rs.35,000/- towards the
compensation.
d) Failure to pay the enhanced fine amount of
Rs.25,000/- each and balance compensation
amount in a sum of Rs.35,000/-, order of
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HC-KAR
imprisonment passed by the Trial Magistrate
confirmed by the First Appellate Court stands
restored automatically.
e) Office is directed to return the Trial Court
records along with copy of this order forthwith
for issue of modified conviction warrant.
Sd/-
(V SRISHANANDA)
JUDGE
SRT
CT-PK
