A Malleshappa Vs the State — Cheating and Forgery | Karnataka HC (2026)

A Malleshappa Vs the State — Cheating and Forgery | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Both revision petitions allowed in part in terms of the orders dated 18.12.2021 in Crl.RP.Nos.148/2017 and 149/2017: conviction maintained; sentence reduced to one and a half years' simple imprisonment with fine enhanced by Rs.10,000/-; benefit of set off under Section 428 CrPC; time till 21.03.2026 to deposit balance fine; Office directed to return Trial Court records with a copy of the order for issue of modified conviction warrant.

Issue for consideration

Whether the revision petitioner/accused No.1 is entitled, on the ground of parity and in view of his surrender, to the same concession in sentence already granted to accused No.2 in Crl.RP.Nos.148/2017 and 149/2017 for the very same crime number.

Court's answer

The conviction of the revision petitioner/accused No.1 in both matters for the offences punishable under Sections 409 and 420 r/w Section 34 IPC is maintained.

Ratio / Principle

On the ground of parity — accused No.1 having surrendered before the Trial Court and the Court having already reduced accused No.2's sentence in both cases — the sentences of two years' rigorous imprisonment (S.409 IPC) and two years' simple imprisonment (S.420 IPC) imposed by the Trial Magistrate and confirmed by the First Appellate Court are reduced to one and a half years' simple imprisonment, with the fine enhanced by Rs.10,000/-, in terms of the orders dated 18.12.2021 in Crl.RP.Nos.148/2017 and 149/2017.

Key takeaways

The Court justified extending the identical benefit to accused No.1 because it had already taken the view, for accused No.2 in both cases, of reducing the period of imprisonment on the ground of parity.ratio¶46
The revision petitioner/accused No.1 is entitled to the benefit of set off under Section 428 of the Criminal Procedure Code.ratio¶55
The revision petitioner/accused No.1 was given time until 21.03.2026 to deposit the balance fine amount before the Trial Court.

Detailed headnote1 paragraphs

Criminal Revision (Karnataka HC, Bengaluru; V Srishananda J.; orders dated 3 March 2026) — Crl.RP Nos. 267 & 268 of 2017 filed under Sections 397 r/w 401 CrPC by A Malleshappa, Grama Panchayath Secretary, convicted by the Senior Civil Judge and JMFC, Kadur (judgments dated 6.02.2013 in C.C.Nos.45/2006 and 46/2006) for offences under Sections 409 and 420 r/w Section 34 IPC (two years' rigorous imprisonment under S.409; two years' simple imprisonment under S.420), whose appeals were dismissed by the II Addl. Sessions Judge, Chikkamagaluru (common judgments dated 5.11.2016 / 04.11.2016 in CRL.A.Nos.118/2013 clubbed with 124/2013, and 117/2013 clubbed with 112/2013). Noting that the Court had already disposed of the case of accused No.2 for the same crime number in Crl.RP.Nos.148/2017 and 149/2017 (orders dated 18.12.2021 reducing sentence from two years to one and a half years with fine enhanced by Rs.10,000/-) and that accused No.1 had surrendered, the Court extended the same benefit on the ground of parity: petitions allowed in part — conviction maintained, but sentence reduced to one and a half years' simple imprisonment with fine enhanced by Rs.10,000/-; set-off allowed under Section 428 CrPC; time till 21.03.2026 granted to deposit the balance fine; Trial Court records to be returned with copy of the order for issue of modified conviction warrant.

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NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No. 267 OF 2017 C/W CRIMINAL REVISION PETITION NO. 268 OF 2017

IN CRL.RP No. 267/2017

BETWEEN:

A MALLESHAPPA S/O BASAVANNAPPA

AGED 67 YEARS,

GRAMA PANCHAYATH SECRETARY, CHIKKANGALA GRAMA PANCHAYATH R/O BEHIND KOTE RAMAMANDIRA, BANAVARAJ

ARASIKERE TALUK

&PETITIONER

(BY SRI SHUBHAM ANAND MISHRA, FOR SRI KAPIL DIXIT, ADVOCATES)

AND:

Digitally AND: signed by R MANJUNATHA THE STATE BY KADUR POLICE Location: KADUR DISTRICT, CHIKKAMAGALUR HIGH COURT PIN 3 577548 OF KARNATAKA REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE 3 560 001

&RESPONDENT

(BY SRI K.NAGESHWARAPPA, HCGP)

THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE

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NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017

HC-KAR

COMMON JUDGMENT DATED 5.11.2016 PASSED BY THE II ADDITIONAL SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.No.118/2013 (WHICH WAS CLUBBED WITH CRL.A.NO.124/2013) BY WHICH THE SAID APPEAL FILED BY THE PETITIONER IS DISMISSED AND FURTHER TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 6.02.2013 PASSED BY THE SR. CIVIL JUDGE AND J.M.F.C., KADUR IN C.C.NO.45/2006 AND ACQUIT THE ACCUSED.

IN CRL.RP NO. 268/2017

BETWEEN:

A MALLESHAPPA S/O BASAVANNAPPA AGED 67 YEARS, GRAMA PANCHAYATH SECRETARY CHIKKANGALA GRAMAN PANCHAYATH KADUR TALUK R/O BEHIND KOTE RAMAMANDIRA BANAVARAJ ARASIKERE TALUK

...PETITIONER

(BY SRI SHUBHAM ANAND MISHRA AND SRI KAPIL DIXIT, ADVOCATES)

AND:

THE STATE BY KADUR POLICE KADUR DISTRICT CHIKKAMAGALUR-577548, REPRESENTED BY S.P.P., HIGH COURT BUILDING, BANGALORE-560001

...RESPONDENT

(BY SRI NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER)

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NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017

HC-KAR

THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE COMMON JUDGMENT DATED 04.11.2016 PASSED BY THE II ADDL. SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.No.117/2013 (WHICH WAS CLUBBED WITH CRL.A.No.112/2013) BY WHICH THE SAID APPEAL FILED BY THE PETITIONER IS DISMISSED AND FURTHER TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 06.02.2013 PASSED BY THE SENIOR CIVIL JUDGE AND J.M.F.C., KADUR IN C.C.No.46/2006 AND ACQUIT THE ACCUSED.

THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard learned counsel for the revision petitioner/accused No.1 and learned High Court Government Pleader.

At the outset, learned counsel for the revision petitioner/accused No.1 would submit that this Court has already disposed of a matter in respect of the very same crime number insofar as accused No.2 is concerned in Crl.RP.No.148/2017 by considered judgment dated 18.12.2021 and would submit that similar orders be passed insofar as the present revision petitioner/accused No.1 is concerned showing the concession in respect of the sentence.

4 - NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017

HC-KAR

In Crl.RP.No.268/2017, the revision

petitioner/accused No.1 is the Secretary of Chikkangala Grama Panchayath, Kadur Taluk, Chikkamagaluru District. In respect of accused No.2 in Crl.RP.No.149/2017, this Court has reduced period of sentence from two years to one and half year by enhancing the fine amount in a sum of Rs.10,000/-.

Since accused No.1/revision petitioner has surrendered before the Trial Court and this Court has already taken the view in respect of accused No.2 in both the cases to reduce the period of imprisonment on the ground of parity, present revision petitioner/accused No.1 also be extended the similar benefit.

Accordingly, the following:

ORDER

(i) Crl.RP.No.267/2017 and Crl.RP.No.268/2017 are allowed in part in terms of the orders dated 18.12.2021 passed by this Court in Crl.RP.No.148/2017 and Crl.RP.No.149/2017.

(ii) While maintaining the conviction of the revision petitioner/accused No.1 in both these matters

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NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017

HC-KAR

for the offences punishable under Section 409 and 420 r/w Section 34 of Indian Penal Code, sentence ordered by the learned Trial Magistrate, confirmed by the First Appellate Court, imposing two years rigorous imprisonment for the offence punishable under Section 409 of Indian Penal Code and two years of simple imprisonment for the offence punishable under Section 420 of Indian Penal Code is reduced to one and half years simple imprisonment by enhancing the fine amount in a sum of Rs.10,000/-.

(iii) The revision petitioner/accused No.1 is entitled for the benefit of set off under Section 428 of Criminal Procedure Code.

(iv) The revision petitioner/accused No.1 is given time to deposit the balance fine amount before the Trial Court till 21.03.2026.

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NC: 2026:KHC:13068 CRL.RP No. 267 of 2017 C/W CRL.RP No. 268 of 2017

HC-KAR

Office is directed to return the Trial Court records with copy of this order forthwith for issue of modified conviction

warrant.

Sd/(V SRISHANANDA) JUDGE

MR

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