Sri. Sudhesh Vs the State of Karnataka

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND THE ORDER DATED 04.08.2018 PASSED BY THE III ADDITIONAL DISTRICT

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NC: 2026:KHC:19965 CRL.RP No. 992 of 2018

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AND SESSIONS JUDGE, HASSAN IN CRL.A.NO.193/2016 AND ALSO THE ORDER DATED 21.09.2015 PASSED BY THE SENIOR CIVIL JUDGE AND J.M.F.C., SAKALESHPURA IN C.C.NO.401/2015 AND CONSEQUENTLY ACUIT THE PETITIONER OF ALL CHARGES.

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

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ORAL ORDER

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Heard Sri Suyog Herele E., learned counsel for the revision petitioner, Sri K. Nageshwarappa, learned counsel for the respondent/State and Sri Lokesh, learned counsel who has permitted to lead the prosecution by allowing his application.

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Petitioner is present before the Court so also the victim lady.

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Revision petitioner is the accused who suffered an order of conviction in C.C.No.401/2015 for the offences punishable under Section 504, 354, 323, 506 of Indian Penal Code, which was confirmed in Crl.A.No.193/2016.

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At the outset, Sri Suyog Herele E., would submit that after the judgments have been passed, the petitioner has tendered his apology in Doddanalli Village, Hethuru Hobli,

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NC: 2026:KHC:19965 CRL.RP No. 992 of 2018

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Sakaleshpura Taluk, Hassan District and the said apology has been accepted by the victim lady in the presence of elders of the village.

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Therefore, the sentence of imprisonment ordered by the learned Trial Magistrate, confirmed by the First Appellate Court may be set aside by enhancing the fine amount reasonably which can be paid as compensation.

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However, learned High Court Government Pleader opposes the said submission.

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But, Sri Lokesh Nanjannavar, learned counsel for the victim lady who is aiding the prosecution did not dispute the fact of the petitioner tendering apology before the elders of the village and the victim lady accepting the apology tendered by the petitioner.

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Taking note of the fact that both petitioner and victim lady are residents of Doddanahalli Village and they are to live in the said village for the rest of their life and also in order to attain peace and harmony in the village, if the petitioner is directed to pay enhanced fine amount of Rs.50,000/- which can

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be paid as compensation to the victim lady and modify the sentence to undergo simple imprisonment for the day till

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NC: 2026:KHC:19965 CRL.RP No. 992 of 2018

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raising of the Court, ends of justice would be better served in

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the attendant facts and circumstances of the case.

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Accordingly, the following:

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ORDER

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(i) Revision petitioner allowed in part .

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(ii) While maintaining the conviction of the revision petitioner for the offences punishable under Section 504, 354, 323 and 506 of Indian Penal Code, sentence of imprisonment ordered by the learned Trial Magistrate, confirmed by the First Appellate Court is modified by directing the revision petitioner to undergo simple imprisonment for the day till the raising of the court and to pay enhanced fine amount of Rs.50,000/- on or before 30.04.2026. (iii) On receipt of the enhanced fine amount, same shall be paid as compensation to the victim lady under due identification.

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(iv) Failure to pay the enhanced fine amount on or before 30.04.2026, the petitioner shall undergo imprisonment as ordered by the learned Trial Magistrate, confirmed by the First Appellate Court.

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(v) Office is directed to return Trial Court records with copy of this order forthwith for issue of modified conviction warrant.

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Sd/(V SRISHANANDA) JUDGE

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MR List No.: 2 Sl No.: 65

Sri. Sudhesh v. the State of Karnataka

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Sri. Sudhesh v. the State of Karnataka

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