Karnataka High Court
B. L. Raghavendra vs State By Town Police on 6 June, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
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CRL.RP No. 839 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL REVISION PETITION NO. 839 OF 2017
BETWEEN:
B. L. RAGHAVENDRA
AGE 27 YEARS,
S/O B C LAKSHMINARASAPPA
ELECTRICIAN
R/O BELLADAMADUGU VILLAGE,
MADHUGIRI TALUK
TUMAKURU DISTRICT - 572 132.
...PETITIONER
(BY SRI HARISH N R, ADVOCATE FOR
Digitally signed SRI PATEL D KARE GOWDA, ADVOCATE)
by NIRMALA
DEVI AND:
Location:
HIGH COURT STATE BY TOWN POLICE
OF
KARNATAKA CHITRADURGA
CHITRADURGA DISTRICT - 577 501.
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI M DIVAKAR MADDUR, HCGP)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
Cr.P.C PRAYING TO SET ASIDE JUDGMENT AND ORDER DATED
19.07.2017 PASSED BY THE I ADDL. DISTRICT AND SESSIONS
JUDGE, CHITRADURGA IN CRL.A.NO.09/2017 AND THE
JUDGMENT AND ORDER DATED 21.01.2017 PASSED BY THE
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PRINCIPAL CIVIL JUDGE AND J.M.F.C., CHITRADURGA IN
C.C.NO.475/2015 AND DISMISS THE COMPLAINT BY
ALLOWING THE ABOVE CRL.RP.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This Criminal Revision under Section 397/401 of
Cr.P.C. has been filed by the petitioner being aggrieved by
the impugned judgment dated 19.07.2017 passed by the I
Additional District and Sessions Judge, Chitradurga,
whereby the judgment of conviction and order on sentence
dated 21.01.2017 passed by the Principal Civil Judge and
JMFC, Chitradurga in C.C. No. 475/2015, by which the
petitioner has been convicted for offence under Section
379 of IPC and sentenced to undergo rigorous
imprisonment for a period of one year.
2. Prosecution story in brief is that on
22.12.2014, at about 02.30 pm, while P.W.1 had been to
nature call by parking his Innova Car bearing registration
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No. KA15-M-6222 in front of house belonging to P.W.3
situated near under bridge, Medehalli Road, Chitradurga
town, he had left the key in the car itself and at that time,
the petitioner - accused committed theft of said Innova car
worth Rs.18.00 lakhs by sitting inside the car, started the
same and left the spot. P.W.7 caught hold of the petitioner
- accused and vehicle near Namakal Garage, Chitradurga,
P.W.1 and P.W.7 took the accused to Town Police Station,
Chitradurga. P.W.1 filed complaint. The Police, after
investigation, filed charge sheet against the petitioner -
accused for offence under Section 379 of IPC. The
petitioner - accused admitted the charge and took a plea
that he has been falsely implicated in the matter. The trial
Court, after scrutinizing the evidence on record and
considering the rival submissions made by both the
parties, has rightly convicted the petitioner - accused for
offence under Section 379 of IPC and passed the sentence
as noted above. Being aggrieved by the said judgment,
the petitioner - accused filed Crl.A. No. 9/2017 and the
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same came to be dismissed affirming the judgment of
conviction passed by the trial Court.
3. Petitioner has preferred this criminal revision
petition on several grounds, but, during the course of
argument, learned counsel for petitioner did not press this
revision on merit and not assailed the finding part of
impugned judgment. He confines his arguments on the
point of sentence only and prays that since the petitioner
who is aged 34 years remained 29 days in custody and
suffered trial for 10 years and he is not having any
criminal antecedent, therefore, present revision petition be
disposed of and jail sentence awarded to the petitioner -
accused be reduced to the period already undergone.
4. Learned HCGP appearing for the respondent -
State, on the other hand, supported the impugned
judgment and prays for dismissal of this revision.
5. Since the petitioner has not challenged the
conviction recorded by the Courts below, in these
circumstances, conviction recorded against the petitioner -
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accused for the offence under Section 379 of IPC is hereby
confirmed. However, considering the facts and
circumstances of the case and the fact that the petitioner
has already suffered jail sentence for 29 days, he is facing
trial since 2015, i.e., about 10 years now, he is aged about
34 years and he is not having any criminal background,
this Court finds that it would be appropriate to partly allow
the revision by confirming the conviction, however by
reducing his jail sentence to the period already undergone,
but, by imposing the fine amount to Rs.25,000/-.
6. Accordingly, this revision petition is partly
allowed by maintaining the conviction but by reducing the
jail sentence to the period already undergone by the
petitioner, however, by imposing fine amount of
Rs.25,000/- and in default to pay the fine amount, to
undergo simple imprisonment for a period of one month.
Fine amount shall be deposited before the trial Court
within a period of one month from this day. In case of
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default of payment of fine amount, the trial Court shall
proceed accordingly.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
