Shivaji S/O Ravi Janveer vs The State Of Karnataka
2025 Latest Caselaw 6075 Kant

Citation : 2025 Latest Caselaw 6075 Kant
Judgement Date : 11 June, 2025

Karnataka High Court

Shivaji S/O Ravi Janveer vs The State Of Karnataka on 11 June, 2025

Author: V. Srishananda

Bench: V. Srishananda

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                                              CRL.A No. 200192 of 2022


             HC-KAR




                        IN THE HIGH COURT OF KARNATAKA

                               KALABURAGI BENCH

                      DATED THIS THE 11TH DAY OF JUNE, 2025

                                     BEFORE

                 THE HON'BLE MR. JUSTICE V. SRISHANANDA


                      CRIMINAL APPEAL NO. 200192 OF 2022
                             (374(Cr.PC)/415(BNSS))

             BETWEEN:

             SHIVAJI S/O RAVI JANVEER,
             AGE:35 YEARS, OCC: KSRTC DRIVER,
             R/O. M.P. GALLI, HUMNABAD,
             TQ. HUMNABAD,
             DIST. BIDAR-585401.
                                                         ...APPELLANT
             (BY SRI SANJAY A. PATIL, ADVOCATE)
Digitally
signed by
RENUKA
Location:
             AND:
HIGH COURT
OF
KARNATAKA    THE STATE OF KARNATAKA,
             THROUGH HUMNABAD POLICE STATION,
             TQ. HUMNABAD,
             DIST. BIDAR-585401,
             REPRESENTED BY ADDL. SPP,
             HIGH COURT OF KARNATAKA,
             BENCH AT KALABURAGI.
                                                       ...RESPONDENT
             (BY SRI JAMADAR SHAHABUDDIN, HCGP)
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                                         NC: 2025:KHC-K:3011
                                  CRL.A No. 200192 of 2022


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      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(2) OF CR.P.C., PRAYING SET ASIDE THE IMPUGNED
JUDGMENT OF CONVICTION AND SENTENCE DATED
17.10.2022 PASSED BY THE II ADDL. DISTRICT &
SESSIONS COURT, BIDAR, SITTING AT BASAVAKALYAN,
IN S.C. NO.76/2018, CONVICTING THE APPELLANT FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 504, 506
AND 326 OF IPC AND THEREBY SENTENCING HIM TO
UNDERGO S.I. FOR 1 YEAR AND TO PAY FINE OF
RS.2000/- FOR OFFENCE PUNISHABLE UNDER SECTION
504 OF IPC IN DEFAULT S.I. FOR 1 MONTH, FURTHER
CONVICTING APPELLANT AND SENTENCING TO UNDERGO
S.I. FOR 2 YEARS AND TO PAY A FINE OF RS.5000/- FOR
THE OFFENCE PUNISHABLE UNDER SECTION 506 OF IPC
AND IN DEFAULT SHALL UNDERGO S.I. FOR 1 MONTH
AND FURTHER SENTENCING S.I. FOR A PERIOD OF 3
YEARS AND TO PAY A FINE OF RS.8000/- FOR THE
OFFENCES PUNISHABLE UNDER SECTION 326 OF IPC IN
DEFAULT FURTHER UNDERGO S.I. FOR 2 MONTHS.

    THIS APPEAL, COMING ON FOR FINAL HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA


                    ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE V. SRISHANANDA)

1. Accused/appellant - Shivaji present.

2. Defacto-complainant/injured Sri Subhash

present.

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3. Heard learned counsel Sri Sanjay A. Patil,

appearing for the appellant/accused and learned High

Court Government Pleader appearing for the

respondent/State.

4. At the outset Sri Sanjay A. Patil would submit

that having regard to the attendant facts and

circumstances there is not much to submit with regard to

the order of conviction, especially, in view of the Wound

Certificate marked at Ex.P4. Injured has suffered grievous

injuries, which is depicted in Ex.P4.

5. However, Sri Sanjay Patil would contend that

the incident has occurred at the spur of the moment and

accused has retraced his steps and is a family person

having wife and two children to be maintained.

6. Therefore, custody period already undergone

may be treated as period of imprisonment for the proved

offence by enhancing the fine amount reasonably.

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7. Per Contra, learned High Court Government

Pleader for respondent No.1-State on instructions from the

complainant and injured submits that in the event this

Court modifying the order of sentence, complainant is not

interested in receiving any compensation from the accused

but, accused must be warned not to interfere with the

affairs of the injured in future.

8. Learned High Court Government Pleader would

also submit that in the event if any criminal act is

conducted by the accused, then an opportunity be

provided to revive the present appeal insofar as the

quantum of sentence is concerned.

9. Taking note of the attendant facts and

circumstances of the case and also taking note of the fact

that the incident has occurred in the year 2016 and

sherely on luck and fortune injured survived, having

regard to the injuries found in Ex.P4 this Court is of the

considered opinion that while maintaining the conviction of

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the accused for the offence under Section 326 of IPC, the

sentence needs to be modified by directing the accused to

pay enhanced fine of Rs.50,000/- for the proved offence

and directing the accused that the custody period already

undergone by the accused shall be treated as period of

imprisonment.

10. Hence, the following:

ORDER

a) Appeal is allowed in part.

b) While maintaining the conviction of the accused

for the offences punishable under Sections 504,

506 and 326 of IPC, custody period already

undergone by the accused is treated as period of

imprisonment by enhancing the fine amount in a

sum Rs.50,000/- to be paid on or before

15.07.2025, which shall be utilized for defraying

the expense of the State.

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c) Failure to pay the enhanced fine amount, the

sentence of imprisonment as ordered by the

learned Sessions Judge shall stand restored

automatically.

d) It is hereby warned that the appellant shall not

in anyway interfere with the affairs of the

complainant/injured - Sri Subhash in any

manner and any such interference if made by

the accused, would entitle the de-facto

complainant to take action in accordance with