Karnataka High Court
Sharanu@ Sharanabasappa vs State Of Karnataka on 11 July, 2025
Author: V Srishananda
Bench: V Srishananda
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CRL.RP No. 200021 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO.200021 OF 2020
(397(Cr.PC)/438(BNSS))
BETWEEN:
SHARANU@ SHARANABASAPPA
S/O MALSIDDAPPA DIVATI,
AGE:34 YEARS, OCC: STUDENT,
R/AT. TADAWALGA VILLAGE, TQ: INDI,
DIST: VIJAYAPURA-586209.
...PETITIONER
(BY SRI B. C. JAKA, ADVOCATE)
AND:
Digitally signed STATE OF KARNATAKA,
by RENUKA THROUGH MAHILA POLICE STATION,
Location: HIGH KALABURAGI-585102.
COURT OF NOW REPRESENTED BY,
KARNATAKA ADDL. SPP, HIGH COURT OF KARNATAKA,
KALABURAGI BENCH.
...RESPONDENT
(BY VEERANAGOUDA MALIPATIL, HCGP)
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C
PRAYING TO, SET ASIDE THE JUDGMENT OF CONVICTION AND
ORDER OF SENTENCE, DATED: 22.04.2017, IN
C.C.NO.1624/2013, PASSED BY THE II ADDL. JUDICIAL
MAGISTRATE FIRST CLASS AT KALABURAGI AND JUDGMENT
AND ORDER DATED: 07.02.2020, IN CRL.ANO.29/2017
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CRL.RP No. 200021 of 2020
HC-KAR
PASSED BY THE I ADDL. DIST & SESSIONS JUDGE,
KALABURAGI, BY ALLOWING THIS REVISION PETITION. AND
CONSEQUENTLY ACQUIT THE PETITIONER OF OFFENCE
PUNISHABLE U/SEC. 498(A), 323, 506 OF IPC, AND 3 & 4 OF
DOWRY PROHIBITION ACT AND PASS SUCH OTHER RELIEF/S
THAT THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE
CIRCUMSTANCES OF CASE.
THIS PETITION 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 B.C.Jaka, learned counsel for the petitioner
and Sri Veeranagouda Malipatil, learned High Court
Government Pleader for the respondent - State.
2. Revision petitioner/accused, who suffered an
order of conviction in C.C.No.1624/2013 for the offences
punishable under Sections 498A, 323, 506 of IPC and
under Sections 3 and 4 of the Dowry Prohibition Act and
sentenced as under:
"Accused No.1 is sentenced to under go simple
imprisonment for 1 year 6 months for the offence
punishable under Section 498(A) of IPC and to pay a
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fine of Rs.8,000/-. In default of payment of fine he
shall undergo simple imprisonment for five months.
He is further sentenced to under go simple
imprisonment for 3 months for the offence
punishable under Section 323 of IPC and to pay a
fine of Rs.1,000/-. In default of payment of fine he
shall undergo simple imprisonment for 15 days.
He is further sentenced to under go simple
imprisonment for 6 months for the offence
punishable under Section 506 of IPC and to pay a
fine of Rs.5,000/-. In default of payment of fine he
shall undergo simple imprisonment for one month.
He is further sentenced to under go simple
imprisonment for ONE YEAR for the offence
punishable under Section 3 and 4 of Dowry
Prohibition Act and to pay a fine of Rs.5,000/-. In
default of payment of fine he shall undergo simple
imprisonment for one month.
The senesces of the above offences shall ran
concurrently.
Acting under Section 357 (1) of Cr.P.C. sum of
Rs.15,000/- is ordered to be paid to the victim by
name SUNITA W/O SHARANU @ SHARANABASAPPA
compensation out of the fine amount of Rs.19,000/-
that may be deposited by the accused No.1 on
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proper identification. The remaining fine amount
shall be deposited with the State.
The bail bond and surety bonds stand
cancelled.
Supply free copy of judgment to the accused."
3. The validity of the said judgment of conviction
has been challenged before the First Appellate Court in
Criminal Appeal No.29/2017. The learned Judge in the
First Appellate Court after securing the records by
considered judgment dated 07.02.2020 dismissed the
appeal of the accused and confirmed the order of
conviction and sentence.
4. Being further aggrieved by the same, the
present revision petition is filed by the accused/revision
petitioner.
5. Learned counsel for the revision petitioner
contended that after the order of conviction, by consent,
parties have separated themselves by a decree of divorce
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in M.C.No.340/2019 by judgment dated 26.08.2021 and
therefore, the order of conviction needs to be set aside.
6. Per contra, learned High Court Government
Pleader submits that mere taking the consent divorce
would not nullify the effect of conviction and sought for
dismissal of the revision petition.
7. Taking note of the financial condition of the
revision petitioner and also taking note of the fact that
there is a consent divorce subsequent to the order of
conviction, this Court is of the considered opinion that
custody period already undergone by the revision
petitioner needs to be treated as period of imprisonment.
8. Taking note of the above, if the sentence of
imprisonment is set aside by enhancing the fine amount in
a sum of Rs.25,000/-, ends of justice would be met in the
peculiar facts and circumstance of the case.
9. Accordingly, following order is passed:
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ORDER
a. Criminal revision petition is allowed in
part.
b. While maintaining the conviction of
the accused/petitioner for the
offences punishable under Sections
498A, 323, 506 of IPC and under
Sections 3 and 4 of the Dowry
Prohibition Act, custody period
already undergone by the
accused/petitioner is treated as period
of imprisonment by enhancing the
fine amount in a sum of Rs.25,000/-.
c. Time is granted till 10.08.2025 to the
accused/petitioner to pay the
enhanced fine amount.
d. Failure to pay the enhanced fine
amount would automatically result in
the imprisonment ordered by the Trial
Magistrate confirmed by the First
Appellate Court.
e. Office is directed to return the Trial
Court records with copy of this order
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forthwith for issue of modified
conviction warrant.
Sd/-
(V SRISHANANDA)
JUDGE
SRT
CT:PK
