Karnataka High Court
Ramsingh vs The State Of Karnataka on 9 June, 2025
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2025:KHC-K:2948
CRL.RP No. 200024 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 200024 OF 2025
(397(Cr.PC)/438(BNSS))
BETWEEN:
RAMSINGH S/O RATANSINGH RATHOD,
AGE:50 YEARS, OCC: COOLIE,
R/O. JAWAHAR NAGAR TANDA, SHADIPUR,
TQ.CHINCHOLI, DIST.KALABURAGI-585 305.
...PETITIONER
(BY SRI MAHANTESH H. DESAI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
Digitally signed
THROUGH KONCHAVARAM PS,
by RENUKA TQ.CHINCHOLI DIST.KALABURAGI-585 104,
Location: HIGH R/BY ADDL. SPP HIGH COURT OF KARNATAKA,
COURT OF
KARNATAKA AT KALABURAGI.
...RESPONDENT
(BY SRI VEERANAGOUDA MALIPATIL, HCGP )
THIS CRIMINAL REVISION PETITION IS FILED U/S 397
R/W 401 OF CR.P.C (OLD), U/SEC. 438 OF BNSS (NEW),
PRAYING TO ALLOWED BY SETTING ASIDE THE JUDGMENT
PASSED BY THE HON'BLE COURT OF JMFC AT CHINCHOLI IN
C.C.NO.351/2018 DATED 09.12.2020 CONVICTING THE
REVISION PETITIONER FOR THE OFFENCE U/SEC. 189, 224,
332, 353, 504, 506 OF IPC AND ALSO SET ASIDE THE
JUDGMENT PASSED BY THE APPELLATE COURT IV ADDL. DIST.
-2-
NC: 2025:KHC-K:2948
CRL.RP No. 200024 of 2025
HC-KAR
AND SESSIONS JUDGE AT KALABURAGI SITTING AT SEDAM IN
CRL.APPEAL NO.44/2020 CONVICTING THE REVISION
PETITIONER FOR THE OFFENCE U/SEC. 189, 332, 353, AND
504 OF IPC AND INCONSEQUENCE THE REVISION PETITIONER
ACQUITTED FOR THE OFFENCE U/SEC. 189, 224, 332, 353,
504 OF IPC. TO GRANT SUCH OTHER RELIEF AS THIS HON'BLE
COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA)
1. Heard Sri. Mahantesh H. Desai, learned counsel
appearing for the petitioner and Sri. Veeranagouda Malipatil,
learned HCGP for the respondent-State.
2. The accused has suffered an order of conviction in
C.C.No.351/2018 for the offences punishable under Sections
224, 189, 332, 353, 504 and 506 of IPC, which was modified
in Criminal Appeal No.44/2020, whereby, his conviction for
the offence under Sections 189, 332 and 353 and 504 of IPC
was maintained, has preferred the present revision petition.
NC: 2025:KHC-K:2948
HC-KAR
3. At the outset, Sri. Mahantesh Desai would submit
that, the accused has already undergone custody period of
26 days as against one month imprisonment imposed for the
higher offence under Section 353 of IPC. He further submits
that, accused has already deposited fine amount of
Rs.7000/-.
4. Therefore this Court may entertain the revision
petition and set aside the remaining portion of the sentence
by enhancing the fine amount reasonably.
5. Per contra, learned HCGP opposes the said
submission.
6. Having heard the arguments from both sides, this
Court perused the material on record meticulously.
7. On such perusal of the records meticulously, by
enhancing the fine amount in a sum of Rs.10,000/-, the
remaining portion of the sentence of imprisonment if set
aside, ends of justice would be met, in the peculiar facts and
circumstances of the present case.
NC: 2025:KHC-K:2948
HC-KAR
Accordingly, the following order:
ORDER
(i) The revision petition is allowed in part,
while maintaining the conviction of the accused-
revision petitioner for the offence under Sections
189, 332, 353, 504 and 506 of IPC., the custody
period already undergone by the accused-revision
petitioner is treated as period of imprisonment by
enhancing the fine amount in a sum of
Rs.10,000/- payable on or before 10th of July,
2025.
(ii) Failure to pay the enhanced fine
amount would result in automatic restoration of
the conviction of the revision petitioner and the
imprisonment ordered by the trial Magistrate,
confirmed by the first appellate Court for the
proved offences.
(iii) Office is directed to send back the trial
Court records with copy of an order forthwith for
issue of modified conviction order.
Sd/-
(V SRISHANANDA)
JUDGE
SVH
CT:PK
